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Denver Domestic Violence Defense Lawyer

WHAT ARE THE TYPICAL PENALTIES FOR DOMESTIC VIOLENCE IN COLORADO

Each case involving Domestic Violence is different and must be addressed on an individual basis. That being said, there are certain typical penalties that a person charged with Domestic Violence in Colorado may face. Denver Domestic Violence Attorney Andres Guevara has extensive experience in defending charges of Domestic Violence all along the Front Range in courts such as Denver County and District Court, Arapahoe District Court, Adams and Jefferson County District Court ,and in the various Municipal Courts in the Denver Metro Area. Based on over fifteen years of legal experience, there are certain common penalties which a defendant will face.

COURT RELATED PENALTIES

For the typical misdemeanor domestic violence (assault) case, two years probation (supervised or unsupervised) may be expected. For individuals with a criminal record, or based on the nature of the crime alleged, jail time is also a possibility. Your conviction will be publicly accessible and searchable through the Colorado Bureau of Investigation and can be used against you in future proceedings. Moreover, if you plead guilty to a domestic violence charge, the court will issue a mandatory protection order. This protection order will be in place until the terms of sentence have been completed.

Courts will also impose a required Domestic Violence Treatment program which you must pay out of your own pocket. These courses are 36 weeks long programs offered through various centers along the front range. Costs of the programs are expensive. Moreover, if the initial allegation involved a claim of alcohol or drug use, the defendant may be required to take a separate drug/alcohol program.

Failure to complete these programs or any of the terms of probation can result in a violation of probation, additional fines, and long jail sentences.

COLLATERAL PENALTIES

In addition to the Court ordered penalties for pleading guilty to a domestic violence charge, you and your attorney should also discuss so-called "Collateral Penalties" to a plea. These are just an example of some of those "collateral penalties":

1. Difficulty finding or keeping employment

Employers conduct criminal background searches before hiring individuals and increasingly, employers are reluctant to hire individuals with domestic violence convictions. Certain public service jobs, such as the police and fire department, and teaching positions, take a hard stand against hiring people with domestic violence convictions. Even if you already have a job, certain employers will terminate employees with domestic violence convictions.

2. Child Custody and Divorce Cases

As described more fully here (put link to the main page with the paragraph on Domestic Violence in Divorce Cases), a domestic violence conviction will be used against you in any pending or future divorce or child custody case.

3. Professional Licenses

Licenses in the medical, legal, and financial fields, including other professional fields, will become more difficult to obtain or maintain with a domestic violence conviction.

4. The Stigma of a Domestic Violence Conviction

Even if certain agencies, banks, or individuals do not automatic preclude people with a domestic violence conviction, if given a choice, these entities will "play it safe" and choose to sever ties with an individual convicted of domestic violence. Unfortunately stereotypes are the rule, and people assume that anyone convicted of domestic violence is a dangerous person who will re-offend.

Considering the terrible penalties for a domestic violence conviction, make sure that you discuss your case with an experienced Domestic Violence Defense Attorney.

En Español
  • People v. M.K. (2011): Client charged with felony stalking and violations of orders of protection. Client acquitted of all counts.
  • Araphoe County Attempted Murder trial, client accused of attempting to kill four individuals. Client acquitted of felony charges including all counts of Attempted Murder and client released.
  • P. v. MM (2010): Arapahoe county case involving innocent client mistakenly charged with drug sale. Successfully argued for dismissal of case.
  • P. v. C.B. (2010): Felony drug possession case. Successfully argued for suppression of drug evidence in case where police illegally entered an apartment under the pretense of conducting a child welfare check. Case dismissed.
  • P. v. I (2010): Client charged with inciting a prison riot and faced long mandatory prison if convicted. Successfully negotiated plea for probation.
  • P. v. B-G (2009): Arapahoe County felony case in which client was passenger in vehicle containing over 200 grams of cocaine. Over prosecution's objections, and despite the fact that a co-defendant received a two-year prison sentence, successfully argued to the judge for a sentence of probation.
  • P. v. J. (2009): Felony identity theft case in Arapahoe County. Client wrongly accused of being involved in a scheme to defraud when in actuality client was a victim of the same scheme. Case dismissed.
  • P. v. E. (2009): Client falsely accused by third party of illegal weapons possession of a sawed-off shotgun. Case dismissed after attorney investigation into accuser's background and the allegations.
  • P. v. O (2009): Client charged as look-out for alleged felony cocaine drug sales. Case dismissed.
  • P. v. C. (2008): Client accused of public indecency for changing clothes in a secluded part of a park. If convicted, client would have had to register as a sex offender. Client acquitted at trial of all counts.

Law Office of Andres R. Guevara
1733 High Street
Denver, CO 80218
Phone: 720-256-2306
Toll Free: 888-265-0044
Fax: 303-333-9493
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