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Domestic Violence-Harassment, Assault, Criminal Mischief
Fri, 27 May, 2011
In Colorado, “domestic violence” can mean any number of different crimes that are committed against one’s intimate partner, such as a spouse or boyfriend/girlfriend. It is important to note that under Colorado law, domestic violence does not include siblings or children of the accused. Under Colorado Revised Statutes, 18-6-800.3, “Domestic violence means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. ‘Domestic violence also includes any other crime against a person or against property or any other municipal ordinance violation against a person or against property, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.”
Domestic violence commonly includes crimes such as third degree assault, felony assault (first or second degree assault), harassment, criminal mischief, false imprisonment, and violation of restraining order. Many other crimes can also be filed as crimes of domestic violence if the victim is a current or former intimate partner.
Domestic violence charges can have serious consequences including lengthy jail or prison time, probation, domestic violence education/treatment, and hefty fines. Additionally, there can be collateral consequences of a domestic violence plea such as loss of Second Amendment rights to carry firearms under the Lautenberg Amendment. Members of the military need to be especially aware of the consequences of a domestic violence plea as a conviction could prohibit them from ever carrying a weapon again. In many situations this can lead to the loss of a military career. Keep in mind, Lautenberg also applies to civilians as well. Thus, a domestic violence conviction can effectively keep you from owning a weapon or from hunting for the rest of your life. If you have been charged under Colorado law with a crime of domestic violence, please contact a Colorado Springs domestic violence lawyer to determine your next best step.