A man from another state plead guilty to Domestic Violence Assault and was sentenced to six months in jail, four years of probation with intense supervision, and restitution. The assault started when the man punched his girlfriend in the face and then used their two-week-old puppy to continue to beat her until the puppy died. In exchange for the man’s guilty plea, the Aggravated Animal Cruelty charge was dropped.
Third Degree Assault – Domestic Violence: A Common Charge in Greeley
Now, this is an extreme example of a Domestic Violence Assault case. More commonly, we see Domestic Violence Assault in the Third Degree (C.R.S. 18-3-204) cases where little to no injury occurs. The ‘victim’ must have been in an intimate relationship with the accused for the Domestic Violence sentence enhancer to apply. For this Assault charge, all a ‘victim’ has to do is claim they felt pain, and the police in Greeley, Evans, or Erie could file charges.
During an argument, emotions tend to run high. We have defended clients charged with 3rd Degree Assault – DV for something as simple as pushing their girlfriend out of the way so they can leave the room after she tried to block the doorway. Or, in the midst of a fight, a wife slaps her husband because he offended her. In either situation, if the ‘victim’ makes a statement that they experienced pain with the push or the slap, their significant other can be charged with DV Third Degree Assault. Without the pain, Domestic Violence Harassment is the go to charge with the Greeley Police.
Domestic Violence Sentence Enhancer in Weld County
No arrest warrant is needed in DV cases; it is an automatic mandatory arrest.
Most people think Domestic Violence is a criminal charge in Colorado. This, however, is not actually the case. In Weld, Morgan, and Logan County, Domestic Violence is not a charge in and of itself. Instead, it is a sentence enhancer added to other crimes, like 3rd Degree Assault, or Harassment. When DV is added to a charge, prosecutors and judges take the crime more seriously out of fear from negative publicity. There are also immediate and lasting effects to this sentence enhancer. For example, when Erie Police are called because the neighbors hear yelling next door, if the ‘victim’ makes the claim they felt pain, the accused is automatically arrested. No arrest warrant is needed in DV cases; it is an automatic mandatory arrest.
Also, a mandatory protection order is issued, cutting off all communication between the accused and the victim. This can lead to issues when children are involved or going to work. If a husband can’t have any contact with his wife, it makes trying to see his children very difficult. A conviction of or pleading guilty to a domestic violence offense will require the defendant to pay for, participate in and complete DV treatment.
When contacted by the Weld County Sheriff or Greeley Police concerning any accusation of alleged Domestic Violence, be smart, exercise your right to remain silent and call the O’Malley Law Office today at 970-658-0007, or submit the “Get Help Now” form. We can also visit your friend in the Weld County Jail. Together, we can protect your future.
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