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Breckenridge Domestic Assault Defense Lawyers

Are You in Need of a Domestic Assault Defense Attorney in Breckenridge?

Accusations of domestic assault are often made by someone who has an axe to grind. Such accusations may also be used as a form of retaliation for some type of dispute. But these charges carry serious consequences, and they could cost you your job, freedom, and much more.

Why Choose Us Over Other Breckenridge Domestic Assault and Assault Lawyers?

If you were charged with domestic abuse in Breckenridge, Kylie Whitaker and Ehren Penix at Whitaker & Penix, LLC, will spring into action. Our experienced Breckenridge criminal defense lawyers will find the best legal strategy to defend your rights.

Whitaker & Penix, LLC | Domestic Assault Law Firm In Breckenridge

We take calls 24/7.
A+ rating from the Better Business Bureau.
Super Lawyers recognizes Kylie Whitaker as a Rising Star.
Ehren Penix has years of experience as a prosecutor and in private practice.
Kylie Whitaker is a former prosecutor and assistant DA in Breckenridge courts.
We have in-depth contact with local courts.

We're Here to Help. Give Us a Call to Learn More Today!
(970) 368-0602

What To Do After a Domestic Assault Arrest

Exercise Your Right to Remain Silent: Don't Speak Without a Lawyer Present

Speaking to police without legal representation can lead to statements that harm your defense strategy. Law enforcement officers use sneaky tactics to elicit information. Remaining silent or stating that you wish to speak with an attorney is the best way to protect yourself.

Avoid Talking About Your Case in Jail

Conversations within the jail, whether with other inmates or over the phone, may be monitored and used as evidence against you. Even seemingly innocent remarks can be misconstrued and potentially damage your defense strategy. This includes discussions about the incident, potential defenses, or even your thoughts about the charges.

Contact Whitaker & Penix, LLC, for Help

Early involvement of a domestic assault lawyer ensures that your rights are protected from the onset and that any procedural missteps by law enforcement are identified.

What are the Legal Penalties of a Domestic Assault Conviction?

Domestic assault refers to the unlawful physical contact or harm inflicted on a family or household member. This charge can include acts of violence or aggression against a spouse, partner, child, or other individuals residing in the same household. A conviction for domestic violence carries up to three years behind bars.

A criminal conviction for assault can jeopardize your current and future employment, particularly in fields requiring professional licenses or background checks. You could be fired from your job, and many employers are wary of hiring individuals with criminal records.

A conviction can also have a negative impact on your immigration status, possibly leading to deportation or denial of citizenship applications for non-citizens. A conviction for assault may be used against you in divorce proceedings, affecting visitation and custody arrangements. Convicted felons lose their right to possess firearms.

The Process for Breckenridge Domestic Assault Cases

Whitaker & Penix, LLC, will help negotiate bail, represent you during arraignment, and guide you through each phase of the legal process. Our process includes assessing the evidence against you, uncovering weaknesses in the prosecution's case, and developing a tailored defense strategy.

Investigation of Criminal Activity

During the investigation, the police will collect physical evidence and question witnesses to determine if an arrest is appropriate.

What Is Probable Cause?

Probable cause refers to the reasonable belief that a crime has been committed, warranting charges against the accused. If probable cause is weak or improperly established, a skilled domestic assault lawyer will file a motion to dismiss the charges against you.

Arrest

Following the investigation phase, an arrest warrant may be issued in a domestic assault case if law enforcement believes there is sufficient probable cause. The arrest process involves taking the accused person into custody, where they will be informed of their charges and read their Miranda rights.

Arraignment

After an arrest, arraignment is the first formal court appearance. During this procedure, the charges are formally presented, and the defendant is asked to enter a plea of guilty, not guilty, or no contest.

Bail

Bail is money given to the court to allow a prisoner to leave jail and then return for trial at a later date. During arraignment, the court determines whether the accused can be released pending trial and how much bail will be charged.

Preliminary Hearing

Preliminary hearings are designed to assess whether sufficient evidence exists to establish probable cause, ensuring that the charges hold merit before advancing in the Colorado court system. These hearings provide an opportunity for the defense to challenge the prosecution's evidence early in the legal process. During the preliminary hearing, a defense attorney may question the credibility and reliability of this evidence, potentially weakening the prosecution's case.

Trial

During the trial, both the prosecution and defense present their evidence and arguments. The role of a domestic assault defense attorney is pivotal here, as they challenge the prosecution's evidence, cross-examine witnesses, and present a robust defense. The outcome of the trial determines whether the accused is convicted or acquitted.

Sentencing

If the defendant is convicted, sentencing follows. The judge may impose a range of penalties, from fines and probation to imprisonment.

Appeals

If the trial's outcome is unfavorable, the defendant has the right to appeal. The appeals process involves a higher court reviewing the trial for legal errors. The appeals court may affirm the decisions of the lower court, or they could reverse the decision and order a new trial.

Do Not Wait Until an Arrest to Seek Legal Counsel

Early involvement of a domestic assault lawyer ensures that your rights are protected from the onset and that any procedural missteps by law enforcement are identified. Whitaker & Penix, LLC, can help negotiate bail, represent you during arraignment, and guide you through each phase of the legal process.

Free Consultation | Call (970) 368-0602 to discuss your case today.

Possible Defenses to Domestic Assault

There are several effective legal strategies that Whitaker & Penix, LLC, has employed to successfully defend clients charged with domestic assault.

Self-Defense

Claiming self-defense is a viable legal strategy in response to domestic assault charges when the accused can demonstrate that their actions were necessary to protect themselves from imminent harm. This defense requires showing that the response was proportionate to the threat faced and that there was a reasonable belief that the force used was necessary to prevent injury. Successfully claiming self-defense can lead to the dismissal of charges or an acquittal at trial.

False Allegations

False allegations in domestic assault cases can arise from misunderstandings, personal vendettas, or attempts to gain leverage in situations like custody disputes. This defense strategy may involve scrutinizing the accuser's credibility, motivations, and inconsistencies in their statements. Gathering evidence, such as text messages, emails, or social media interactions, can reveal ulterior motives or fabrications. Witness testimonies and alibi evidence can also be crucial in disproving false allegations.

Accidental Contact

Accidental contact in the context of domestic assault refers to unintentional physical interactions that occur without deliberate intent to harm. Examples include brushing against someone in a crowded space, accidentally bumping into a person during routine activities, or unintended contact due to sudden movements. Eyewitness testimonies, video evidence, or situational context can support claims of accidental contact.

Alibi

Establishing an alibi can serve as a powerful defense in domestic assault cases, demonstrating that the accused was elsewhere when the alleged incident occurred. This defense relies on credible evidence that confirms the presence of the accused at a different location, thus making it impossible for them to have committed the alleged act. Whitaker & Penix, LLC, will gather supporting evidence, such as witness testimonies, surveillance footage, or electronic records like phone GPS data, receipts, or timestamps that corroborate the alibi.

How a Breckenridge Domestic Assault Lawyer Can Help

Each domestic assault case is unique, requiring a personalized approach that considers the specific facts, evidence, and legal intricacies involved.

Legal Representation and Advocacy

Whitaker & Penix, LLC, begins by conducting a comprehensive review of all available information, identifying strengths and weaknesses in the prosecution's case. We collaborate closely with clients to understand your perspective and gather additional evidence, such as witness statements or expert testimony, that can support your defense.

Case Analysis and Strategy

Our attorneys are adept at identifying any violations or procedural errors that could undermine the case against you. For example, if evidence was obtained unlawfully or if your right to remain silent was not respected, a domestic assault attorney can file motions to suppress such evidence.

Legal Guidance and Support

Hiring a Breckenridge domestic assault lawyer ensures that you receive professional legal guidance and assistance. Whitaker & Penix, LLC, will provide strategic advice on the best course of action. Our experience in similar cases allows us to anticipate prosecution tactics and counter them effectively.

Plea Bargaining

Plea deals are agreements between a defendant and the prosecution where the defendant agrees to plead guilty or no contest to certain charges in exchange for concessions from the prosecutor. These agreements can result in reduced charges or lighter sentencing, offering defendants a chance to avoid the uncertainty of a trial. For those accused of domestic assault, a plea deal often means the difference between a misdemeanor and a felony conviction.

Constitutional Rights Protection

Finding the right domestic assault attorney is essential for ensuring that your constitutional rights are protected throughout the legal proceedings. From the moment of arrest, you are entitled to rights such as protection against self-incrimination, the right to a fair trial, and the right to legal representation.

How Are Domestic Assault Crimes Categorized in Colorado?

The state of Colorado distinguishes between misdemeanor and felony charges based on the severity of the incident, past criminal history, and specific circumstances surrounding the case.

Infractions

An infraction is a minor offense that usually results in a ticket, such as parking violations, speeding, or tailgating.

Misdemeanors

In Colorado, domestic assault can be classified as a misdemeanor if certain criteria are met. Such charges are typically less severe than felony charges, often resulting in lesser penalties such as fines, probation, or short-term imprisonment.

Generally, misdemeanor charges arise from less severe incidents that may involve minor injuries or threats without physical harm. Factors influencing this classification include the absence of prior offenses, the non-use of a deadly weapon, and the context of the altercation. For example, if an argument escalates to a minor physical confrontation without significant injury, it may be charged as a misdemeanor.

Felonies

Domestic assault charges elevate to a felony in Colorado under specific conditions. These cases may involve severe injuries, the use of weapons, or situations involving repeat offenses. Felony charges also arise if the incident includes aggravating factors such as violating a restraining order or targeting a vulnerable individual. The penalties for felony charges are significantly harsher, often including lengthy prison sentences, large fines, and long periods of probation.

Wobbler Offenses

In Colorado, wobbler offenses refer to crimes that may be charged either as a misdemeanor or a felony, depending on specific circumstances. The following are different offenses that could fall into this category:

In Colorado, a DUI (Driving Under the Influence) charge can complicate domestic assault cases, particularly when children are involved. If the accused is found to be driving under the influence during a domestic incident, the charges and penalties may significantly increase.
When a domestic assault incident overlaps with child abuse, the legal consequences become even more severe. Child abuse charges may arise if a child witnesses the domestic altercation or suffers harm due to the offender's actions. The penalties for these offenses can include lengthy prison sentences, supervised visitation or loss of custody rights, and mandatory counseling.
Assault with a deadly weapon is a grave offense within the realm of domestic assault crimes in Colorado. Possible penalties include over 30 years behind bars. This charge involves using an object capable of causing significant harm or death during a domestic incident. The severity of the charge hinges on the nature of the weapon and the extent of harm inflicted.
Colorado law mandates an arrest policy for domestic violence calls, ensuring immediate intervention. District attorneys aggressively prosecute these cases, and they carry harsh penalties and long prison sentences.
Possession of a controlled substance can significantly complicate domestic assault cases in Colorado. When controlled substances are involved, charges can escalate quickly, transforming a domestic dispute into a more complex legal battle. Defense attorneys must carefully evaluate the circumstances surrounding possession, including the type and quantity of the substance and the context of its discovery.

What Our Clients Have to Say About Us

"Kylie was amazing to work with!" - Mark Holmes (5-Star Google Review)

Kylie was amazing to work with! She was responsive, transparent, and effective. The case went exactly as she said it would, resulting in the best possible outcome. 10/10 - I highly recommend!

"I'm thankful I worked with her." - Marijah Wilson (5-Star Google Review)

Kylie has years of experience and thorough knowledge of the law. She was always available to answer my questions and concerns. She always answered my calls or responded to me in a timely manner. She put me at ease while also being very honest about all the possibilities and legalities. She would take the time and go into detail when I didn't understand something. She's personable and understanding, which made me feel safe throughout the process, and I'm thankful I worked with her.

"She got me the best possible outcome for my situation." - Jessica Borrego (5-Star Google Review)

Kylie was great to work with. She's very professional but also real. She got me the best possible outcome for my situation. Extremely happy. 10/10 - would recommend.

Types of Criminal Cases We Handle

Other Locations We Serve Near Breckenridge

Dillon | Silverthorne | Frisco

Speak to Our Breckenridge Domestic Assault Lawyers Now!
Call (970) 368-0602 for a case consultation.

Frequently Asked Questions

Do I need a lawyer if I am innocent?

Yes. Unfortunately, being innocent does not necessarily prevent a suspect from being charged and convicted in Colorado. It's essential to have an experienced criminal defense attorney to protect your rights and your freedom.

Do I need a lawyer if I plan to plead guilty?

You should speak with a domestic assault attorney in Breckenridge before entering your plea in any type of criminal proceeding. No matter how a suspect decides to plea, having an experienced lawyer in your corner can have a significant impact on sentencing.

Do I need to hire a lawyer if I am under investigation but haven't been charged?

Yes. Your attorney can protect your rights by making sure that the investigators do not act inappropriately or illegally obtain evidence that can be used against you. It's also important to have your attorney present any time you are questioned by the police.

How does the prosecution determine the charges I will face in a Colorado spousal assault case?

Several factors play a role in the charges that a defendant may face in Colorado, including the presence and quality of physical evidence, whether a weapon was used, witness testimonies, the severity of the alleged victim's injuries, and the defendant's criminal record.