Domestic violence is a serious criminal accusation that can interfere with your rights and freedoms, leading to the loss of your job, the loss of child custody and other negative consequences. The best way to protect your legal rights as a defendant in a domestic violence case is by hiring an experienced Lakewood domestic violence lawyer.
Lakewood criminal defense attorneys at Flesch & Beck Law is a legal advocate who can provide passionate and effective defense against domestic violence charges. Contact us 24 hours a day to request a free consultation with our Lakewood criminal defense lawyers. We can help you.
Attorneys at Flesch & Beck Law have practiced law for more than thirty years. He caters each and every criminal defense case he takes on to the unique circumstances involved. There are never any one size fits all approaches at the firm.
Flesch & Beck Law understand how severe a domestic violence or threat against another person can have on an accused individual. There are several different approaches that can help reduce the penalties for those accused of domestic violence cases.
Domestic violence allegations are very serious and can have life-long impact on individuals found guilty of the crime. The law firm helps those individuals that have been accused of domestic violence navigate the complexities of the criminal case.
According to Colorado Criminal Law and Procedure Section 18-6-800.3, the definition of domestic violence is an act of violence or the threat of violence against a person with whom the aggressor is or has been involved in an intimate relationship. This can mean a romantic relationship, a parental relationship or another domestic relationship, such as roommates.
Many different actions can constitute the crime of domestic violence or abuse in Colorado, including physical assault. Most people don’t realize, however, that nonphysical acts can be domestic abuse, as well. Verbal abuse, mental or emotional abuse, intimidation, control, coercion, and threats can all constitute the crime of domestic violence.
Hiring a Lakewood domestic violence lawyer is the most effective way to protect your legal rights as someone being accused of this crime in Lakewood. A lawyer can use proven and personalized legal strategies to poke holes in the prosecutor’s case against you, increasing the odds of the courts dismissing the charges or reducing the penalties you face.
A Lakewood domestic violence attorney can help protect you from the most severe possible consequences of a domestic violence charge, including time spent in jail. Your lawyer can also answer all of your questions and help give you greater peace of mind throughout the duration of your case.
If you are convicted of domestic violence in Colorado, you could face a misdemeanor sentence that includes mandatory domestic violence counseling or treatment, a protection order preventing you from contacting the victim, probation, fines, and jail time. If you are convicted of multiple domestic violence charges, the penalties can increase to a felony with up to three years in prison and a fine of up to $100,000. You may also face additional charges and penalties if you violated a restraining order.
While criminal penalties can be particularly challenging, even after completing your sentence, you may be haunted by domestic violence accusations and your criminal conviction. These aftereffects are commonly referred to as collateral consequences. While you were likely hoping to pick up the pieces of your life and put your conviction behind you, collateral consequences can prevent you from doing so.
Depending on the type of domestic violence conviction on your record, you may have your child custody or visitation rights revoked, terminated, or even ordered to register as a sex offender on the Colorado sex offender registry. Most types of domestic violence convictions are not eligible for expungement, so every time prospective employers, landlords, school administrators, or other relevant parties run a background check, your DV conviction will be brought to light.
If you are not a citizen of the US, a domestic violence conviction could also have a serious impact on your immigration status. If you were here on a green card or hoping to become a naturalized citizen, you may be at risk for deportation. Domestic violence convictions could also strip you of your firearm rights, according to the Colorado Department of Public Health and Development.
The potential penalties connected to a domestic violence conviction are daunting. This is why it is important to hire an experienced attorney who can defend your rights. An attorney can create a custom-tailored defense strategy for your unique case to yield the best possible results. Defenses for a domestic violence accusation can include:
If this is your first domestic violence case, Attorney Finegan will do his best to negotiate reduced or dismissed charges. He may be able to get you into a diversion program for first-time offenders, for example, or domestic violence counseling instead of more severe penalties. If you are a repeat domestic violence offender, Attorney Finegan can use an aggressive legal strategy to fight for reduced charges or penalties.
Not every domestic violence case will need to go to trial. In fact, by working with the district attorney’s office, you may be able to enter an adult diversion program, also commonly known as pretrial diversion or deferred prosecution, if charges have already been filed.
Under Colorado Revised Statutes Section 18-1.3-101, if the prosecutor believes you would benefit from adult diversion or rehabilitation as opposed to punishment, they may allow you to enter an adult diversion program. Not only could it help reduce the likelihood of recidivism, but it could also give alleged victims a sense of relief knowing they are being held accountable without being subject to some of the harsher criminal penalties of a conviction.
Adult diversion programs generally take two years to complete per CRS 18-1.3-101. However, if you are unable to pay restitution as part of your completion requirements but will have the ability to do so in the future, your diversion period could be extended another year. If you fail to meet the program requirements, you can expect the district attorney to proceed with your original domestic violence charges.
Not everyone will qualify for pretrial diversion. However, many individuals charged with domestic violence and other related charges may benefit from pretrial diversion and rehabilitative measures. In fact, this can be an excellent way to get families the help they need to remain intact. Several factors, including your criminal history, public interest, and the specific circumstances of your case, will determine whether diversion is appropriate in your case.
If you have been accused of committing a domestic violence offense, you are likely overwhelmed and anxious about what the future might hold. There are many questions you may have about what to expect from your trial, whether you qualify for a plea agreement, and, most importantly, how you will avoid a conviction. While it is important to remain diligent and informed, panicking will solve nothing.
It is our goal to help you focus your energies and build a powerful defense so you can get home to your family sooner and access the resources your family needs to prevent future incidents from occurring. With that in mind, we have compiled a comprehensive guide below that answers some of the top questions our former clients have asked regarding their domestic violence charges or allegations.
When you have further questions or concerns, do not hesitate to contact our legal team for personalized insight and legal advice when you need it most.
One of the most common defenses used to challenge domestic violence accusations is self-defense. For a self-defense strategy to be successful, we must show that the alleged victim was actually the aggressor in your case. We must introduce compelling evidence that shows your use of force was appropriate given the specific circumstances. We must also show that you only used enough force to protect yourself or someone else from serious bodily injury or death.
The statute of limitations for a civil domestic violence lawsuit in Colorado is generally six years from the incident date, according to the Colorado General Assembly. However, if the alleged victim suffered a serious or permanent disability, the statute of limitations could extend up to 20 years.
Law enforcement officials must also adhere to the criminal statute of limitations for domestic violence charges. The district attorney has a limited amount of time to file formal DV charges. If they failed to file charges before this deadline, you should not be charged criminally. If the prosecutor were to attempt to pursue criminal charges despite the statute of limitations expiring, the judge presiding over your case may have no other choice but to just dismiss the charges against you.
Colorado’s coercion law under C.R.S. 13-14-101 defines coercion as compelling someone by the threat of force, force, or intimidation to do something that they have the right to refuse. The prosecutor may need to prove coercion as part of your domestic violence charges if they hope to obtain a conviction.
Your domestic violence defense attorney will be looking for evidence that can corroborate your version of events. We may need to challenge photographs of the injuries the alleged victim sustained, question responding officers, and provide context for 911 call recordings.
Our team will also need to prepare ourselves for a cross-examination of witnesses to the incident in question and higher-level experts who can offer reasonable explanations for your actions at the time of the alleged domestic violence incident. Other types of evidence that could be particularly useful or damaging in helping you clear your name of the DV charges against you include:
Domestic violence cases can be complex, especially if they involve matters such as gun crimes or the possible deportation of a noncitizen. It is important to have an attorney by your side throughout the legal process if someone is accusing you of domestic violence or abuse. Find out how Flesch & Beck Law can help you today. Request a free consultation online or at (303) 980-5511 anytime.