Third Degree Domestic Violence Assault
Assault is always serious and can lead to legal ramifications in Colorado. However, if you’re charged with domestic assault, you could have elevated penalties. In Colorado, crimes in which there is an underlying domestic violence issue will have enhanced penalties.
Domestic assault has even more severe penalties than standard assault. You won’t only be burdened with expensive fines and possible jail or prison time, but you could be required to attend a domestic violence program as well. Not only this, but a domestic violence charge triggers an automatic protective order filed against you.
If you or someone you know has been charged with third-degree domestic assault, it’s imperative you seek trusted legal representation.
Domestic Violence Attorney for Third Degree Assault in Colorado Springs
In some cases, a domestic assault charge stems from a simple misunderstanding. Unfortunately, that doesn’t mean anything to Colorado’s criminal courts. A domestic violence assault charge could result in an extended prison sentence, court ordered treatment programs and being subject of a restraining order.
If you or someone you know has been charged with domestic assault, it’s highly recommended you contact Law Offices of Clifton Black, PC. Our legal team at Law Offices of Clifton Black, PC have an in-depth knowledge of domestic violence laws. We will utilize our skills to create a strong defense for you. Call (719) 328-1616 today to set up a free consultation.
Law Offices of Clifton Black, PC represents people throughout the greater Colorado Springs area including Calhan, Fountain and Manitou Springs.
Overview of Third-Degree Domestic Assault in CO
- What Constitutes as Third-Degree Domestic Assault in Colorado?
- Penalties for Third-Degree Domestic Assault
- Domestic Violence Consequences for Assault
- Additional Resources
What Constitutes as Third-Degree Domestic Assault in Colorado?
Colorado is unique in how it handles domestic violence crimes. Instead of having a statute for domestic violence offenses, the state chooses to enhance crimes that have an underlying domestic violence reason. So, any crime is susceptible to a domestic violence enhancement, including offenses against property or animals.
Colorado defines “domestic violence” under Colorado Revised Statutes as violence or a threat of violence against someone you have an intimate relationship with. The term “intimate relationship” refers to romantic or shared parental relationships. Some examples of people in a “intimate relationship” include, but are not limited to:
- Boyfriend and girlfriends;
- Ex partners; and
- Couples who share children but aren’t together
Assault is classified under three degrees and third-degree assault is the lightest. To be charged with third-degree assault you must have:
- Recklessly, knowingly or with criminal negligence inflicted bodily injury to another person with a deadly weapon; or
- Had a police officer, firefighter, or emergency medical care provider come into contact with bodily fluids or toxic substances so you can annoy, threaten, infect or alarm them or someone else
Colorado law defines a deadly weapon as:
- A loaded or unloaded firearm; or
- Any weapon used to produce death or serious bodily injury
Penalties for Third-Degree Domestic Assault in CO
A third-degree domestic assault conviction is a class 1 misdemeanor, but because assault is an “extraordinary risk” crime the judge may add on an extra 6 months to sentencing. Extraordinary risk crimes are offenses that have been deemed harmful to society by the state of Colorado.
The penalties for an extraordinary risk class 1 misdemeanor include:
- Up to 24 months in jail; and
- A fine of up to $5,000
It’s important to remember that if the judge proves it was a domestic assault, your penalties could be enhanced even further. Domestic violence crimes may have extended incarceration sentences if the judge decides it’s appropriate.
Domestic Violence Consequences of Assault
Colorado is a mandatory domestic violence arrest state. Law enforcement are required to arrest you if they suspect any domestic violence happened or if a viable complaint is made. Even if the alleged victim denies the accusations later or doesn’t want to press charges you will still be placed under arrest. In addition, domestic violence offenders are not allowed bond until they’ve appeared in front of a judge.
If you’re convicted of domestic assault, you’ll be required to face additional consequences on top of the statutory penalties. Your incarceration or probation period may be extended depending on the judge. The court may order you to attend a domestic violence treatment program as well as anger management if the issue stems from your rage. You will also be obligated to relinquish all your firearms within 24 hours of your release.
Colorado will automatically issue a protective order if they believe an assault was domestic violence-related. A protective order is also known as a restraining order and prohibits you from being near the vicinity of the victim or their family. It may even require you to move out if you share a residence with the alleged victim.
You must follow the order even if the alleged victim didn’t want it to be issued. Violating a protective order will result in a class 2 misdemeanor, which is punishable by:
- Up to 12 months in jail; and
- A fine of up to $1,000
Colorado Assault Laws – Visit the official website of the Colorado Revised Statutes to learn more about their assault laws. Access their legislation to learn the charge specifics, penalties, possible mitigating factors and more
RAINN – Visit the official website of the Rape, Abuse and Incest National Network (RAINN) to learn more about their domestic violence resources. Access the site to learn about their sexual assault hotline, domestic violence statistics, survivor stories and more.
Defense Lawyer for Domestic Assault in El Paso County, CO
If you or someone you know has been charged with domestic assault, it’s vital you have a skilled defense attorney on your side. A domestic violence charge can be tricky to defend because it relies mostly on testimony. Find the best legal representation by calling Law Offices of Clifton Black, PC.
The attorneys at Law Offices of Clifton Black, PC have years of experience with domestic violence cases. We can assess your situation and use our extensive resources to help you. Call us now at (719) 328-1616 to schedule a consultation today. Law Offices of Clifton Black, PC represents people throughout the El Paso County area including Denver County and Arapahoe County.