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Breckenridge Spousal Assault Defense Lawyers

Are You in Need of a Spousal Assault Attorney in Breckenridge?

If you've been accused of spousal assault, you could be facing serious consequences, including jail time, employment difficulties, and the loss of your right to possess firearms. Police and prosecutors are very harsh on people who have been accused of spousal assault, but these charges are often illegitimate, stemming from some sort of personal dispute.

Why Choose Us Over Other Breckenridge Spousal Assault Lawyers?

Kylie Whitaker and Ehren Penix at Whitaker & Penix, LLC have years of experience handling spousal assault cases, and we possess extensive knowledge of the courts and legal process in Breckenridge, Colorado. We'll advise you on your options and build a strong case to protect your freedom.

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

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

We have years of experience—give us a call at (970) 368-0602.

What To Do After a Spousal Assault Arrest

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

Any statements made, even those intended to explain or justify your actions, can be misconstrued or used unfavorably. Law enforcement officers may attempt to gather information that could be used against you in court, so it is vital to refrain from discussing any details of the incident until you have consulted with a spousal assault defense attorney.

Avoid Talking About Your Case in Jail

Conversations within jail are often overheard, and anything you say can potentially be used as evidence against you in court. Jail calls are typically recorded and can be accessed by law enforcement or prosecutors. Even seemingly innocuous remarks may harm your defense strategy.

Contact Whitaker & Penix, LLC, for Help

Engaging a knowledgeable spousal assault defense attorney can significantly affect the trajectory of your case. An experienced lawyer will provide essential guidance on navigating the legal system, ensuring that your rights are protected at every stage.

The Process for Breckenridge Spousal Assault Cases

Investigation of Criminal Activity

During the investigation process, law enforcement officers collect evidence, interview witnesses, and consider any physical evidence present at the scene.

What Is Probable Cause?

Probable cause refers to the reasonable belief that a crime has been committed and that the accused person is responsible. This standard must be met for law enforcement to proceed with charging the suspect formally.

Arrest

Once probable cause has been established, the legal process in Breckenridge spousal assault cases may progress to the arrest phase. During an arrest, the suspect will be placed under police custody. Law enforcement is required to inform the accused of their rights, including the right to remain silent and the right to an attorney.

Arraignment

Arraignment is a formal court appearance where the charges will be read, and the accused will have the opportunity to enter a plea of guilty, not guilty, or no contest. An experienced spousal assault defense lawyer will provide counsel on the best course of action regarding plea decisions and can negotiate for bail or release under specific conditions.

Bail

During arraignment, the judge will determine if the accused is allowed to be released until the trial begins. If so, the judge will set bail, which the defendant must post to be released from custody.

Preliminary Hearing

This stage serves as a preliminary test of the case's strength, allowing both sides to assess the viability of their arguments and prepare for subsequent legal proceedings. The prosecution must demonstrate that sufficient evidence exists to proceed with the trial. Defense attorneys can challenge the evidence, cross-examine witnesses, and argue for the dismissal of charges if the evidence is deemed inadequate.

Trial

The trial phase is where the prosecution and defense present their arguments, evidence, and testimonies before a judge or jury. During the trial, the prosecution must prove the defendant's guilt beyond a reasonable doubt. A skilled spousal assault lawyer will work to discredit evidence, cross-examine witnesses, and present a compelling defense to achieve a favorable verdict.

Sentencing

If the trial results in a conviction, the case moves to the sentencing phase. The judge will consider various factors, including the nature of the offense, any prior criminal history, and mitigating circumstances. A defense attorney will advocate for leniency, presenting arguments for reduced sentencing based on the defendant's background and the specifics of the case.

Appeals

After sentencing, the defendant has the right to appeal the decision. During the process, an appeals court will review the trial to see if any legal errors were committed. If so, the appeals court may reverse the decision and order a new trial.

Do Not Wait Until an Arrest to Seek Legal Counsel

Whitaker & Penix, LLC will evaluate the circumstances of your case and develop a defense strategy tailored to your situation. Prompt legal representation also helps in managing initial legal procedures, such as helping you secure bail and preparing for arraignment.

As soon as you contact Whitaker & Penix, LLC, we will start protecting your rights. Police officers aggressively pursue cases involving spousal assault, and you'll definitely want to have someone to represent you and make sure they're not engaging in any type of improper activity.

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

Possible Defenses to Spousal Assault

Whitaker & Penix, LLC has successfully represented clients in several spousal assault cases, and we used several effective defense strategies.

Self-Defense

In Colorado, people have the right to protect themselves from imminent harm. To establish self-defense, the defendant must demonstrate that they reasonably believed they were in danger of physical harm and used a proportionate amount of force to prevent it.

False Allegations

Defending against false accusations requires a strategic approach centered on disproving the claims and highlighting inconsistencies in the accuser's narrative. Gathering and presenting evidence is critical in these situations. This can include text messages, emails, witness statements, and surveillance footage that contradicts the accuser's version of events. A thorough investigation by a spousal assault defense attorney can uncover evidence that supports the defendant's account or undermines the credibility of the accuser.

Accidental Contact

In spousal assault cases, accidental contact can serve as a viable defense, especially when the physical interaction is unintentional and lacks malicious intent. Accidents are often misinterpreted as deliberate acts of violence, particularly in emotionally charged situations. Context plays a significant role in distinguishing between accidental and intentional actions. A spousal assault defense attorney will carefully examine the circumstances surrounding the incident, including witness accounts and any environmental factors that might explain the accidental nature of the contact.

Alibi

Establishing a credible alibi involves providing evidence that places the defendant at a different location during the time of the alleged assault. This can include witness testimonies, surveillance footage, phone records, and other evidence.

How a Breckenridge Spousal Assault Lawyer Can Help

Legal Guidance and Support

A Breckenridge spousal assault attorney provides legal representation throughout the complexities of the legal system. Whitaker & Penix, LLC works to protect your rights, ensuring that due process is followed and that your voice is effectively heard in court.

Case Analysis and Strategy

A critical function of a Breckenridge spousal assault lawyer is conducting a thorough case analysis and developing a strategic defense plan. This process begins with a comprehensive review of all evidence, including police reports, witness statements, and any available physical evidence. Whitaker & Penix, LLC examines these details to identify strengths and weaknesses in the prosecution's case.

Strategic Planning involves considering all possible legal avenues, including motions to dismiss, plea negotiations, or full trial preparation. Whitaker & Penix, LLC will tailor the strategy to fit the unique circumstances of the case, ensuring that each decision is made with the client's best interests in mind.

Plea Bargaining

This process involves negotiating with the prosecution to reduce charges in exchange for a guilty plea. Effective plea negotiations require a deep understanding of the legal landscape, as well as a strategic approach to weighing the risks and benefits.

Protecting Constitutional Rights

Whitaker & Penix, LLC plays a vital role in safeguarding the constitutional rights of the accused throughout the legal process. An attorney ensures that the defendant's rights to due process, fair treatment, and a speedy trial are upheld. This protection extends to scrutinizing searches and seizures for potential Fourth Amendment violations and ensuring that any statements made are not coerced, thus defending the right against self-incrimination.

What Are the Legal Penalties of a Spousal Assault Conviction?

In Colorado, the penalties for spousal assault depend on the classification of the offense. A spousal assault misdemeanor could lead to up to 18 months in county jail and fines reaching $5,000. However, if the charge is a felony, the convicted individual may face a prison sentence ranging from one to five years and fines that can exceed $100,000.

Beyond the legal penalties, a felony conviction can result in several additional negative consequences:

Domestic violence treatment program
Mandatory protection orders
Drug or alcohol counseling
Revocation of a professional license
Reduced future employment prospects
Revocation of the right to possess a firearm
Damage to your immigration status
Loss of custody and visitation rights

What Our Clients Have to Say About Us

"Ehren was exceptional throughout the entire process." - Mara Soo (5-Star Google Review)

Ehren was exceptional throughout the entire process, helping me with a pretty bad speeding ticket. He went above and beyond, looking into my case and laying out everything I needed to know about my options. Thanks to him, this went from a huge headache to being resolved much more quickly and simply than I expected!

"[Kylie] is thorough in her work, cares about her clients, and [is] always readily available to answer any questions." - Matt Kramer (5-Star Google Review)

I had such a great experience working with Kylie. She is thorough in her work, cares about her clients, and [is] always readily available to answer any questions one might have. I would recommend Kylie to anybody!

"I couldn't have asked for better service from a lawyer." - John Krischan (5-Star Google Review)

Kylie had to be the most responsive lawyer I've ever retained. I've had a couple of legal problems in the past and hired a lawyer; they wouldn't call you back in [a] timely manner. [...] NOT Kylie. She answered all my questions and text messages. When it came to dealing with DAs, she was extremely commanding in how she handled things for your case. I couldn't have asked for better service from a lawyer, especially in the situation I was in. She and her partner teamed up in the end and won my case. I would HIGHLY RECOMMEND HER FIRM. Thank you, again, for all you did for me.

Types of Criminal Cases We Handle

Other Locations We Serve Near Breckenridge

Dillon | Silverthorne | Frisco

Speak to a Breckenridge Spousal Assault Attorney Now!
Call (970) 368-0602 or Submit Online

Frequently Asked Questions

What questions should I ask when hiring a criminal defense attorney?

You'll want to ask about their experience handling similar cases in the past. It's also a good idea to find out who is going to handle your case and how you will be able to get in touch with them.

Do I really need a lawyer if I'm going to plead guilty?

Yes. You should always speak with a Breckenridge spousal assault attorney before making any type of plea. Even if you decide to plead guilty, an attorney can make a big difference in the charges that result.

I'm innocent. Do I still need a criminal defense lawyer?

Yes, you do. Unfortunately, our criminal justice system has many flaws, and innocent people can be convicted of crimes they did not commit. An experienced criminal defense attorney will make sure your rights are protected.

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

Yes. Your lawyer will make sure the police don't engage in any inappropriate behavior during the investigation, and it's extremely important to have an attorney present any time you are being questioned by police officers.

How does the prosecution determine the charges I will face?

To determine the severity of the charges, the prosecution considers the context of the incident; for example, what injuries were sustained by the alleged victim, whether a weapon was used, whether the accused person has a criminal history, etc.