In Colorado, Domestic Violence Can Be Any Crime

There are several things to know from the outset when a person is accused of committing a Domestic Violence (DV) crime. DV crimes, unlike many other crimes charged, by definition, are crimes where the parties know each other and have had an existing intimate relationship. It's commonly misunderstood that Domestic Violence charges mean that someone was violent during the events concerning the charge. In Colorado, "Domestic Violence" of course means an act or threatened act of violence upon someone with whom the accused has had intimate relationship. But that is not the only way a crime may be classified as "Domestic Violence." It also includes any crime committed as a means of coercion, control, punishment, intimidation, or revenge against an intimate partner. So, for example, if your girlfriend breaks your Sony Playstation when you are not even home, but because she is mad you went out with another girl to the movies, it is arguably an act of domestic violence.

Colorado Has Mandatory Arrest Laws and A Victim Cannot "Drop Charges"; Only the State "Presses Charges," but Domestic Violence cases are Victim's Rights Cases
For most crimes, a peace officer in Colorado is given discretion when and where, and even if, to charge and or arrest someone. Not so in Domestic Violence Cases. If officers are called out and they believe you committed an act of Domestic Violence, you must be arrested. It doesn’t matter what your partner thinks or says. The legislature has told the officer that he must do this "without undue delay" meaning that if you are in front of the officer, he or she must arrest you then and there. In addition, the arrested person will be booked into jail and cannot be given a bond until the victim has been informed of the bond hearing and given a right to be heard.

For whatever reason, the person police allege is the victim of the crime may decide he or she no longer wants to pursue a case (perhaps the alleged victim never wanted to go forward with the case). This does not mean however that the case will be dismissed on that fact alone. All crimes in Colorado are said to be affronts to the peace and dignity of the State. Despite someone being designated the victim, only the DA who is prosecuting the case can make the call about whether the case goes forward or not. Except for unusual circumstance, even a judge cannot dismiss the case.

But, under the Colorado Constitution, all Domestic Violence crimes are victim's rights cases. This means that the victim has several rights, including the right to consult with the DA before any offers are made and when bond is addressed. They have the right to speak at sentencing and to be notified when an incarcerated defendant will be released. Despite the fact that a victim cannot control whether a case is prosecuted or not, the victim can have a dramatic effect on how a case turns out.

In Colorado, if a person is convicted of an offense which would otherwise be a domestic violence misdemeanor and has already been previously convicted three times of acts of domestic violence, the person may be considered a habitual domestic violence offender and misdemeanor may be bumped to a class 5 felony. If the person is found by the court to be an habitual domestic violence offender, the court would then sentence in the presumptive range for a class 5 felony or 1 to 3 years. The DA has to give notice to the accused that they intend to do this, but keep in mind that while the accused may initially be charged with only misdemeanors, the DA may amend the charges upward if the accused has a significant domestic violence criminal history.

A Domestic Violence Conviction Will Impact Gun Rights and Result in DV Classes
Federal law mandates that anyone convicted of a Domestic Violence charge can not possess a firearm. If the Domestic Violence conviction is for a felony, State law also makes it a felony to possess a firearm. These bans are for lifetime. Any sentence imposed by the court for a domestic violence crime, must order the defendant to complete a treatment program and a treatment evaluation. The domestic violence management treatment board, a state agency, approves both the treatment providers and the treatment. This gives the board a tremendous amount of power. In most cases, even for very low level misdemeanors, this means at least 36 one hour sessions over the course of 36 weeks. The treatment is required even if the person receives a deferred judgment and sentence. The only time treatment will not be imposed is if the person is sent to prison.

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