While it’s no surprise that domestic violence charges are serious, these cases have some unique facets that don’t necessarily arise in other types of criminal cases and that accused people may not be aware of when they are dealing with Colorado domestic violence cases. In this three-part blog series, we will point out some of these aspects of Colorado domestic violence cases.
If you or someone you love is facing domestic violence charges or any criminal case, contact the Colorado Springs domestic violence defense attorneys at Kohn Law Firm for the best possible defense in your case.
Colorado Domestic Violence Cases: Here’s What’s Critical to Know
Fact 1 – When domestic violence allegations are made, responding officers have to make an arrest when there’s probable cause to do so.
This is because Colorado has mandatory arrest laws for domestic violence cases, and these laws specifically state that the arrest must be made “without undue delay.” As a result, if a domestic violence call has been made, the alleged perpetrator remains at the scene when police arrive and there is probable cause to believe domestic violence may have occurred, at least the alleged perpetrator will be arrested.
Here, it’s also important to point out that:
- Police have the discretion to arrest the accuser in these situations if or when there may be reason to do so.
- Probable cause can be any initial evidence that seems to support the domestic violence allegations. From physical injuries to disheveled furniture and witnesses’ statements, probable cause can vary widely in these cases and can compel police to make arrests.
- If an arrest does occur, it’s critical people call an experienced defense attorney as soon as possible so that they can start building themselves the strongest possible defense in their Colorado domestic violence cases.
Fact 2 – Colorado domestic violence cases involving “habitual offenders” can be elevated to felony charges.
Colorado domestic violence cases are usually filed as misdemeanors, but prosecutors can elevate these charges to felonies when people are considered to be “habitual offenders” because they have at least three domestic violence convictions on their criminal records. In these cases, the domestic violence charges will usually be filed as Class 5 felonies, which can be punishable by between 1 to 3 years in prison (depending on the details of the case).
We will continue discussing some important facts to know about Colorado domestic violence cases in few upcoming parts of this blog series. Don’t miss them!
Colorado Springs Domestic Violence Defense Lawyers at Kohn Law Firm
Have you or a loved one been charged with domestic violence? If so, the criminal defense team at Kohn Law Firm are ready to aggressively defend your rights and help you bring your case to a successful resolution.
At Kohn Law Firm, we believe that our clients deserve exceptional service, ethical treatment and aggressive representation. That’s why we are here to help you navigate the complexities of an intricate criminal justice system, minimize the negative impacts on you and your family, and ultimately help you protect your freedom and future.
Contact Us to Get Your Defense Started Today
To learn more about how we can help you, set up a free initial consultation with us by calling us at (719) 328-9555 or by emailing us using the contact form at the top of this page.
From our offices in Colorado Springs, we represent clients throughout the Pikes Peak region and Colorado.