Colorado law requires police officers to arrest individuals whom they have reason to believe have violated domestic violence laws. This is referred to as mandatory arrest, and it’s significant because it means that alleged victims of domestic violence cannot stop the arrest process and have the charges dropped simply by retracting the claims. Domestic violence lawyers serving Denver, CO recommend getting legal help before making any statements to the investigators. A felony attorney can answer your questions and clear up any misconceptions you might have about these types of cases.
Should I accept a plea bargain?
Many defendants agree to plead guilty for the promise of a lighter sentence. This is your decision to make, but you shouldn’t make it until you’ve spoken with a felony attorney. Never make any statements or sign anything without legal guidance. Your lawyer can help you, but only if he or she is given the opportunity to do so.
What legal penalties am I facing?
Domestic violence offenses can be prosecuted as either misdemeanors or felonies. Your domestic violence lawyer will give you specific information, depending on the circumstances of your case. In general, a conviction can result in probation or a period of incarceration in jail or prison. If you have prior convictions, you can be labeled as a habitual domestic violence offender. This results in a class five felony, which carries a potential sentence of one to three years behind bars.
What are the probation or deferred conditions for domestic violence?
Your lawyer will help you understand the specific conditions you’re required to abide by. The judge may require any of the following conditions:
- Electronic location monitoring device
- Community service
- Avoidance of all contact with the victim
- Regular check-ins with the probation officer
- Random alcohol and drug testing
- Anger management counseling
- Alcohol evaluation and treatment
- Domestic violence counseling
Will I have to surrender my firearms?
Yes. If you’re convicted of either a misdemeanor or felony domestic violence, you are not legally permitted to own, possess, or even be in the vicinity of a firearm or ammunition. This condition is permanent.