Domestic Violence

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Colorado Springs Domestic Violence Attorney

 

Michael W. Moran provides premium criminal defense against domestic abuse charges in Colorado Springs.  Trust an expert Colorado Springs domestic violence attorney to provide the best possible results against these very serious charges.

Colorado Domestic Violence Arrest

 

An arrest for one of the many crimes that fall under the "Domestic Violence" statues in Colorado differs greatly from similar charges in other states.

Colorado Springs Domestic Violence Attorney needed

Colorado revised domestic abuse criminal statues require:

  • Mandatory Arrest For Domestic Violence - Colorado Springs police are required to make an arrest of the accused if supporting probable cause evidence is present at the scene.
  • The accused will not be allowed to post bail until the alleged victim is informed of the arrest and given the opportunity to speak before the presiding magistrate at the arraignment for the accused.
  • Colorado is a "No-Drop" state - meaning that the alleged victim cannot refuse to press charges against the alleged perpetrator. Only the prosecuting attorney can elect to drop or dismiss the abuse charges after an arrest occurs.
  • Colorado criminal defense statues classify a broad array of criminal actions that fall under domestic violence.  Criminal acts such as assault, punishment, false imprisonment, intimidation, personal property damage and revenge will be charged as domestic violence if the two people involved are in (or were previously in) an intimate relationship.

Domestic Violence Charges In Colorado Can Easily Ruin Your Life

 

Protect your future by consulting with leading Colorado Springs domestic violence attorney Michael W. Moran for an effective defense against unjust charges. Avoiding a conviction for domestic violence requires immediate action by a skilled lawyer on your behalf.  What is considered domestic violence in Colorado is much different than in other states.

Colorado Revised Domestic Violence Statutes

 

Colorado Springs Revised Statute 18-6-801 (2016) includes:

(1) (a) In addition to any sentence that is imposed upon a person for violation of any criminal defense under this title, any person who is convicted of any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3 (1), or any crime against property, whether or not such crime is a felony, when such crime is 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 shall be ordered to complete a treatment program and a treatment evaluation that conform with the standards adopted by the domestic violence charge offender management board as required by section 16-11.8-103 (4), C.R.S. If an intake evaluation conducted by an approved treatment program provider discloses that sentencing to a treatment program would be inappropriate, the person shall be referred back to the court for alternative disposition.

(b) The court may order a treatment evaluation to be conducted prior to sentencing if a treatment evaluation would assist the court in determining an appropriate criminal defense sentence. The person ordered to undergo such evaluation shall be required to pay the cost of the treatment evaluation. If such treatment evaluation recommends treatment, and if the court so finds, the person shall be ordered to complete a treatment program that conforms with the standards adopted by the domestic violence charge offender management board as required by section 16-11.8-103 (4), C.R.S.

(c) Nothing in this subsection (1) shall preclude the court from ordering domestic violence treatment in any appropriate case.

(2) Subsection (1) of this section shall not apply to persons sentenced to the department of corrections.

(3) A person charged with the commission of a crime, the underlying factual basis of which includes an act of domestic violence by an alleged victim as defined in section 18-6-800.3 (1), shall not be entitled to plead guilty or plead nolo contendere to an offense which does not include the domestic violence designation required in section 16-21-103, C.R.S., unless the prosecuting attorney makes a good faith representation on the record that such attorney would not be able to establish a prima facie case that the person and the alleged victim were currently or formerly involved in an intimate relationship if the defendant were brought to trial on the original domestic violence charge and upon such a finding by the court. The prosecuting attorney's record and the court's findings shall specify the relationship in the alleged domestic violence charge which the prosecuting attorney is not able to prove beyond a reasonable doubt and the reasons therefor. No court shall accept a plea of guilty or nolo contendere to an offense which does not include the domestic violence designation required in section 16-21-103, C.R.S., when the facts of the case indicate that the underlying factual basis includes an act of domestic violence as defined in section 18-6-800.3 (1) unless there is a good faith representation by the prosecuting attorney that he or she would be unable to establish a prima facie case if the defendant were brought to trial on the original offense.

(4) No person accused or convicted of a crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence in Colorado Springs, as defined in section 18-6-800.3 (1), shall be eligible for home detention in the home of the victim pursuant to section 18-1.3-105 or 18-1.3-106. Nothing in this subsection (4) is intended to prohibit a court from ordering a deferred sentence for a person accused or convicted of a crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3 (1).

(5) Before granting probation, the court shall consider the safety of the victim and the victim's children if probation is granted.

(6) Nothing in this section shall preclude the ability of a municipality to enact concurrent ordinances.

(7) (a) Any misdemeanor offense that includes an act of domestic violence is a class 5 felony if the defendant at the time of sentencing has been previously convicted of three or more prior offenses that included an act of domestic violence and that were separately brought and tried and arising out of separate criminal episodes.

Any domestic abuse charge is a very serious situation for the defendant.  One that warrants consulting with a top Colorado Springs domestic violence attorney immediately.  Contact our office to speak with a leading criminal defense attorney today.