Domestic Violence (DV), C.R.S. 18-6-800.3, is added as a sentence enhancer to a criminal charge at the Weld County Courts whenever the accused person has been in an intimate relationship with the alleged victim at any point in time. Recently, a Colorado Sheriff’s Deputy was charged with several DV offenses and has since been put on administrative leave. The Deputy has been charged with a mix of misdemeanors and felonies: Assault in the Third Degree, Assault in the Second Degree, False Imprisonment, and Menacing. If she is convicted, the Deputy could be barred from working in law enforcement ever again in Colorado.
1. Colorado’s Definition of Domestic Violence, C.R.S. 18-6-800.3
Colorado’s definition of Domestic Violence, C.R.S. 18-6-800.3, is as follows:
2. When is DV Added as a Sentence Enhancer at the Weld County Courts?
Per C.R.S. 18-6-800.3, Domestic Violence is added as a sentence enhancer whenever a person commits an “act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.” An intimate relationship includes current or former spouses, romantic partners, and co-parents of the same child. Even if it has been years since the relationship has ended, you can still be given a DV sentence enhancer if you commit a crime against a former romantic partner or co-parent. Hence, the Sheriff’s Deputy in the story above was given a DV sentence enhancer because she is alleged to have committed the crimes against an intimate partner.
3. What are the Penalties for a Domestic Violence Sentence Enhancer in Greeley?
A Domestic Violence sentence enhancer increases penalties imposed against a defendant convicted of the underlying offense(s) with which they were charged in Greeley. For the DV enhancer alone, the defendant will be required to pursue Domestic Violence treatment and relinquish their firearms and ammunition – even if the underlying offense was a misdemeanor.
If convicted of her charges, the Sheriff’s Deputy will not only be required to complete DV treatment and give up her firearms, but may also face:
- Time at the Colorado DOC
- Thousands of dollars in fines
- Restitution to the alleged victim
- Parole upon release from prison
If you have been charged with a DV crime, don’t wait, and contact a top Domestic Violence lawyer in the Greeley area today. The sooner you contact an experienced attorney, the better are your chances of attaining the best possible resolution to your case – including dismissal if possible.
Have you been charged with a crime of Domestic Violence? Be smart, and exercise your right to stay silent – never talk to the alleged victim, Greeley Police, or Weld County Sheriff about your case. Then call 970-616-6009 to discuss your charges with a top criminal defense lawyer with over 30 years of experience from the O’Malley Law Office today. Together, we can protect your future.
The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!
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