Colorado Springs Domestic Violence Lawyer
Don't Let Domestic Violence Accusations Ruin Your Future
Domestic violence charges can negatively alter the course of your life and lead to long-term complications with your family, career and personal endeavors. I know that this is a confusing and even scary time, as you could face severe penalties if you are convicted. I will thoroughly review your case and determine the best course of action in order to protect your rights and safeguard your future.
With more than 15 years of experience as a Colorado Springs domestic violence attorney, I recognize that each criminal defense case is unique and demands individualized attention. I have successfully represented thousands of clients against various criminal charges over the last decade, so you can count on me to provide the aggressive defense that you need at this time.
Contact my office today for a free consultation!
Colorado Has Mandatory Arrest Laws for Domestic Violence
Often, domestic violence charges are made based only on the accusation of one person. All that an officer needs to charge someone with domestic violence is minimal evidence of an altercation, such as a bruise or cut, and a witness statement. And, because an officer must make a judgment call about who is at fault, someone acting in self-defense can be erroneously charged with domestic violence.
The law also states that an officer must arrest the suspect
in a domestic violence case "without undue delay"—meaning that, if the suspect is there, the officer must arrest them. The arrested person will be booked and cannot be given a bond until the victim has been informed of the bond hearing. If you were falsely accused and subsequently arrested, you need to contact a lawyer immediately.
What are the penalties for domestic violence in Colorado Springs?
If you are arrested for domestic violence in the state of Colorado, the severity of the resulting penalties will depend on the nature of the offense. There are varying degrees of domestic violence crimes, ranging from harassment or stalking to second-degree assault, and the penalties are as follows:
Harassment: you could be charged with harassment under a number of different circumstances. Shoving, kicking or even touching another person could result in arrest, as well as non-violent acts like harassing another person anonymously via phone calls or text messages.
- Class 3 misdemeanor punishable by up to six months in jail and $750 in fines.
Third Degree Assault: you could be charged with third-degree assault if you knowingly or recklessly inflict bodily harm upon another person. You could also be charged with this crime if you, with criminal negligence, hurt another person through the use of a deadly weapon.
- Class 1 misdemeanor punishable up to 18 months in jail and $5,000 in fines.
Stalking: you could be charged with stalking if you directly or indirectly through another person make a credible threat and repeatedly attempt to communicate with or surveil that person, a member of their family or someone with whom that person has a continuing relationship.
- Class 5 felony punishable by up to three years in prison and $100,000 in fines.
Second Degree Assault: you could be charged with second-degree assault if you, with intent to cause bodily injury, harm another person by means of a deadly weapon. You could also be charged with this offense if you recklessly cause bodily injury through the use of a deadly weapon.
- Class 4 felony punishable by up to six years in prison and $500,000 in fines.
The Victim Cannot Drop the Charges – Only the State
Once someone has been arrested for domestic violence in Colorado Springs, only the prosecuting attorney can decide whether or not the case will go to trial. Even if the victim decides that they want to drop the charges, the case cannot be dismissed on this fact alone. This is done so that the victim in a domestic violence case cannot be coerced or threatened into dropping the charges.
Since domestic violence cases are also considered to be a matter of victims' rights, the victim will be able to exercise certain rights. This includes being able to consult with the District Attorney before any plea agreements are offered, or before the defendant's bond is addressed. They also have the right to speak at the sentencing hearing and to be notified when the defendant will be released.
Contact Geoff Heim, Attorney, LLC Now for a Free Consult
Working with the right Colorado Springs criminal defense lawyer can make all the difference in the outcome of your case. I will use my experience and knowledge of the Colorado legal system to ensure that you receive the best possible resolution. For more information on how my firm can help you, contact my office as soon as possible. To get started, you can also complete this simple online case evaluation form!