Domestic Violence Attorney in Weld County
What’s the Difference Between a Misdemeanor and Felony Domestic Violence Charge?

Facing Misdemeanor or Felony Domestic Violence Charge? Call the experienced DV attorneys at the O’Malley Law Office. 970-616-6009 

Felony and Misdemeanor Domestic Violence charges are complex, and if you are being accused of domestic violence in Weld County, you need a DV attorney who can offer experienced and aggressive legal representation.. What crimes can be labeled and classified as felony or misdemeanor domestic violence?  Those which involve two people who have or have had an intimate relationship. In Weld County, any crime committed between couples from an intimate relationship can be charged this way. Crimes with assault, intimidation, or revenge can result in domestic violence charges. Even destroying property can result in domestic violence charges under Weld County law if it was done out of spite or anger against a spouse, partner, or family member. Finally, crimes against animals belonging in part to an intimate partner can get your charged.  Below we will discuss the differences between Misdemeanor and Felony Domestic Violence Charges.

What is the Definition of Domestic Violence in Greeley, Colorado?

In Greeley, Colorado, the definition of Domestic Violence is

an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. “Domestic violence” also includes any other crime against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.

The above Domestic Violence definition is extremely broad. For example, intimate partners do not have to live together or be married to initiate a domestic violence charge. A domestic or intimate relationship may apply to spouses, former spouses, domestic partners, boyfriends, girlfriends, and roommates. Domestic Violence can be charged when there is; physical violence, emotional or verbal abuse, sexual violence or any other crime against a person or their property when used to coerce, punish, or threaten a current or former intimate partner.

In Weld County What is a Misdemeanor Domestic Violence Charge?

A Misdemeanor Domestic Violence Charge occurs when someone commits any crime which can be sentenced to the Weld County Jail and the victim is someone with whom the defendant has had an intimate relationship. It is worth remembering that the Colorado Supreme Court has stated that “intimate” is not limited to a sexual relationship. Misdemeanor crimes can never be sentenced to prison and the usual maximum sentence is 24 months of jail.  If the crime is more severe, it can be charged as a Felony Domestic Violence. Some examples of a Misdemeanor Domestic Violence Charges would be harassment, criminal mischief, and assault (not with a deadly weapon).

What is a Felony Domestic Violence Charge in Greeley, Colorado?

In Greeley, Colorado, some common reasons why you would face a Felony Domestic Violence Charge are: the use of a deadly weapon during the crime, there is reason to believe you intended serious bodily harm, or you are considered a habitual Domestic Violence offender. A Felony Domestic Violence Charge is a serious charge that could send you to prison – the Colorado Department of Corrections.  These crimes have lasting effects on your work, child custody and have  longer sentences and treatment.  Following prison, you will be expected to reintegrate into society by serving a parole sentence.

What Happens When You are Convicted of Domestic Violence in Weld County?

If you are convicted of Domestic Violence in Weld County, offenders could be subject to the following:

  • A mandatory protection order limiting contact with the “victim”
  • Domestic violence counseling and treatment
  • No possession of firearms again

A domestic violence conviction can also affect your parental rights and employment opportunities.  Additionally, Domestic Violence convictions have broad restrictions related to gun ownership, use or possession.

A Misdemeanor or Felony Domestic Violence Charge are serious.  If you or a loved one have been falsely accused, be smart, exercise your right to remain silent, and call the experienced DV attorneys at the O’Malley Law Office. Never answer police officer questions.  Call 970-616-6009 or fill out the Get Help Now form to meet with a Domestic Violence criminal defense lawyer in Weld County and the Greeley area for a free consultation. Together, we can protect your future.

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