Defending Against Domestic Violence Allegations

Anyone who has been accused of domestic violence knows how important it is to defend themselves against these allegations. Not only can a conviction involving domestic violence result in significant penalties including jail time, but a conviction can also impact a person’s employment and relationship with their children. Given the seriousness of a conviction and the substantial impact a conviction can have on your life, it is essential to do everything you can to defend against the allegations you are facing. An experienced Denver domestic violence defense attorney can help to tailor a defense strategy to the facts of your case, and in the meantime we can tell you more about defending against domestic violence charges.

Defining Domestic Violence

To understand the best way to defend against the allegations you are facing, it is essential to understand the characteristics of the crimes charged as domestic violence under Colorado law.

Under Colorado law, domestic violence is defined as “an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.” The term is broad and includes criminal acts against people, property, and animals, and can involve the use of persons, property, or animals for purposes of coercion, control, punishment, intimidation, or revenge. The statute clarifies that The term “intimate relationship” includes any relationship “between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.”

Domestic Violence itself is not a crime. Rather, it is an enhancer that is attached to an underlying crime. For example, if you are charged with committing the crime of Assault against another, that assault may be charged as Assault as an act of domestic violence. Some common charges in the domestic violence scene include assault, harassment, criminal mischief, stalking, and false imprisonment. Each crime carries its own potential penalties in addition to the added collateral consequences that are paired with the domestic violence enhancer.

Potential Defense Strategies 

Strong defenses are tailored to the specific facts of a case. In other words, a defense strategy that may be effective in one case may not be effective in another. As such, you should always work with an attorney to tailor a defense strategy to the facts of your case. Generally speaking, however, the following are some potential defense strategies to domestic violence allegations:

• Self-defense or defense of a third person (Colorado law allows you to use physical force upon another person in order to defend yourself or a third person from what you believe to be imminent violence from the person against whom you are using the physical force);
• Insufficient evidence (you may be able to show that there is not enough evidence to prove the elements of the offense);
• Alibi (you may have an alibi for the time and place in which a person has accused you of domestic violence, thereby allowing you to expose the allegations as false); or
• Lack of an intimate relationship (you could be facing lesser charges if there was no intimate relationship between you and the person accusing you of domestic violence).

Contact a Denver Domestic Violence Defense Lawyer 

If you are facing any allegations involving domestic violence, it is critical to seek legal help as soon as possible. Domestic violence-related criminal convictions can follow a person and impact their lives and livelihoods for an extended period of time, so it is important to do everything possible to avoid a conviction. One of the experienced Denver domestic violence defense attorneys at DeChant Law can speak with you today about the circumstances of your case and potential options for defending against any criminal charges you are facing.

Source:

casetext.com/statute/colorado-revised-statutes/title-18-criminal-code/article-6-offenses-involving-the-family-relations/part-8-domestic-violence/section-18-6-8003-definitions