Are you accused of a Domestic Violence charge in Weld County? In Domestic Violence charges, there is no specific penalty or punishment attached to the DV charge. However, the punishment and penalties for the crime that was committed along with the DV charge against a victim, will have a specific punishment based on the level of the crime. Domestic Violence is a Sentence Enhancer, which first involves a mandatory arrest any time that a law enforcement officer believes that an intimate partner was the victim of a crime. The top attorneys at the O’Malley Law Office know that a DV charge can have a lasting effect on our client’s life, and we want to help. Below, our defense attorneys discuss what a mandatory arrest is as it relates to a Domestic Violence Sentence Enhancer and how our skilled criminal attorneys can help you. If you are facing a DV charge in Fort Collins or Larimer County, get help here.
Colorado Definition of Domestic Violence Sentence Enhancer, C.R.S. 18-6-800.3
Domestic Violence, at C.R.S. 18-6-800.3, is defined in Colorado as:
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, or any municipal ordinance violation 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.
What Does a Domestic Violence or DV Sentence Enhancer Mean in Greeley, Colorado?
In Greeley, a Domestic Violence or DV charge involves a sentence enhancer which simply means that the punishment and penalties are increased from the original criminal charge. It is important to note that this can be any crime between intimate partners or anyone who a defendant has previously been in a relationship with or has children with. It does not need to be a current relationship for the defendant and victim. The length of relationship between intimate partners does not matter.
Common Weld County Criminal Charges That Are Associated with a Domestic Violence Charge
Any criminal charge can be enhanced with a Domestic Violence charge in Weld County. However, some of the most common DV criminal charges are:
- Violating a Restraining Order – C.R.S. 18-6-803.5
- DV Assault – C.R.S. 18-3-202, or C.R.S. 18-3-203, or C.R.S. 18-2-204
- Sexual Assault – C.R.S. 18-3-402
- Stalking – C.R.S. 18-3-602
- DV Harassment – C.R.S. 18-9-111
- Menacing – C.R.S. 18-3-206
- Child Abuse – C.R.S. 18-6-401
- Elder Abuse – C.R.S. 18-6.5-103
- False Imprisonment – C.R.S. 18-3-303
- Unlawful Sexual Contact – C.R.S. 18-3-404
What are the Additional Penalties in a Criminal Conviction Where There is a Domestic Violence Sentence Enhancer in Weld County?
When a defendant is convicted of Domestic Violence, the original criminal charge will determine the jail or prison sentence and penalties. However, when there is a Domestic Violence Sentence Enhancer, a judge can also add penalties such as a DV treatment program, an extended Restraining Order or Protection Order, and the loss of firearm possession rights.
In a case where a defendant has been convicted four or more times of a criminal charge where there is a Domestic Violence Sentence Enhancer, the defendant will be labeled as an Habitual Domestic Violence Offender. This is a class 5 felony, with penalties of 1 to 3 years in a Colorado State Prison, a fine of $1,000 to $100,000, and a mandatory 2-year parole. This sentence and penalties are in addition to the punishment for the original crime.
Windsor, Colorado Domestic Violence Defense Attorney
In Windsor and across Weld County, it is critical that you hire a Domestic Violence defense attorney who understands the nuances of a DV case. There are serious consequences which impact a defendant’s life when a DV Sentence Enhancer is charged. Our attorneys have over 30 years of experience supporting our clients and we want to assist you too.