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Fairplay Domestic Violence Defense Attorney

Defense Against Domestic Violence Charges in Fairplay

Various criminal offenses are considered domestic violence in Colorado when committed against a person with whom the defendant has or has had an intimate relationship. This category includes acts or threatened acts of violence against an intimate partner, and any crime committed against person or property when used to control, punish, intimidate, coerce, or get revenge on an intimate partner. Under state law, an intimate relationship is defined as a relationship between:

  • Spouses or former spouses
  • Current or former unmarried couples
  • Parents of the same child, regardless of whether they have ever been married or lived together

What Are Some Common Forms of Domestic Violence in Fairplay?

Arrests for domestic violence are a frequent occurrence in Fairplay and throughout the state. In cases of domestic violence, law enforcement personnel are required to make an arrest when there is probable cause to believe a crime has been committed. Common domestic violence charges in Colorado include:

  • Assault: This crime involves unlawfully causing bodily injury to another person. It can be charged as a misdemeanor or a felony, depending on the degree. When charged as a class 3 felony, it carries ten to 32 years in state prison and/or a fine of $3,000 to $750,000. If charged as a class 1 misdemeanor, assault is punishable by up to 18 months in jail and/or a fine of up to $1,000.
  • Sexual assault: Knowingly inflicting sexual intrusion or penetration on a victim is sexual assault. This crime is punishable by a prison sentence of four to 12 years and a fine of up to $750,000. With aggravating factors, penalties are more severe.
  • Stalking: Threatening and repeatedly following, approaching, contacting, or surveilling an intimate partner is the crime of stalking. A first offense carries one to four years in state prison and a mandatory two years of parole and/or a fine of $1,000 to $100,000. For a second or subsequent offense or in violation of a restraining order, penalties are more severe.
  • Menacing: This crime involves knowingly placing or attempting to place another person in fear of imminent bodily injury by any threat or physical action. It is a class 3 misdemeanor that carries up to six months in jail and a fine of up to $750. If it involves the use of a deadly weapon, or claiming the use of a deadly weapon, menacing is a class 5 felony, punishable by a prison sentence of one to three years and a fine of $1,000 to $100,000.

What Are the Potential Consequences of a Domestic Violence Conviction?

If you are convicted of a domestic violence crime, you could face criminal penalties that may include jail or prison time, heavy fines, and mandatory attendance in a behavior modification program. You could also lose custody of your children, the right to possess a firearm, and a professional license. A domestic violence conviction can have a negative impact on your personal and professional reputation and your employment prospects and personal relationships in the future.

How Can a Fairplay Lawyer Help If You Are Facing Domestic Violence Charges?

If you have been accused of domestic violence in Fairplay, you are innocent until proven guilty under the law. Nevertheless, you need a strong defense for your best chance of avoiding the consequences of a conviction. Our seasoned trial lawyers at Whitaker & Penix, LLC can thoroughly examine the prosecution’s case against you, challenge every flaw, and raise every defense that applies in your case. Common defenses include self-defense, false accusation, and accidental injury. Contact us at (970) 368-0602 to get a strong Fairplay criminal defense lawyer handling your case.