Exceptional Telluride Domestic Violence Defense Attorney
Domestic violence is not a stand-alone crime in Colorado. Instead, it is a sentencing enhancer that is filed along with other charges, like stalking or assault and battery.
Typically, domestic violence charges are filed for alleged criminal acts against someone who is or has been in an intimate relationship with the perpetrator (like a former or current spouse or the other parent of a child). These charges can, however, also be filed for alleged crimes involving property or animals, if those actions were intended to control or harm someone involved in an intimate relationship with the alleged perpetrator.
Telluride Domestic Violence Lawyer Jon R. Fee is highly experienced at defending clients against all types of domestic violence charges.
Strategic, experienced and tireless, Mr. Fee can help you identify your best defense options and present the strongest possible defense case. Whether you are facing misdemeanor or felony domestic violence charges for a first or subsequent time, you can rely on Mr. Fee for exceptional advocacy as he helps you successfully navigate the criminal justice system.
Have You or a Loved One Been Accused of Domestic Violence?
Call (970) 335-9278 or Email the Law Office of Jon R. Fee, LLC for a Free, Confidential Consultation
While the Law Office of Jon R. Fee, LLC is open from 7 a.m. to 9 p.m. (Monday through Friday), Attorney Jon R. Fee is available evenings and weekends to meet and defend clients. He can travel to meet you wherever you are at, including jail or another location.
What Happens When the Police Are Called for an Alleged Act of Domestic Violence?
Colorado has mandatory arrest laws related to alleged incidents of domestic violence. This means that, if police are called because of an alleged act of domestic violence, they are legally required to arrest the suspect if (s)he is still present at the scene when police arrive. If police are unsure about who is the alleged perpetrator versus the victim, they can arrest both (or all) parties.
After a domestic violence arrest:
- A mandatory protective order will go into effect, preventing the accused individual from contacting the alleged victim(s) – This will occur regardless of whether the victim wants to press charges and/or whether the allegations are false. If the accused person lives in the same residence as the alleged victim, the accused person will not be able to return home until the protective order has been lifted or terminated.
- Whether domestic violence charges are filed will be up to the prosecutor – In other words, the victim does not have the power or authority to decide whether to drop or press charges (though the victim may choose to cooperate or not and the prosecutor will usually consider the victim’s wishes regarding the case).
Are Domestic Violence Charges Misdemeanors or Felonies?
The underlying charge associated with the domestic violence sentencing enhancer will determine whether the domestic violence charges are filed as misdemeanors or felonies. For instance, if a domestic violence case involves an alleged act of:
- First-degree assault, which is a Class 3 felony, then the associated domestic violence charge would also be filed as a felony
- Stealing property valued at $500 (as a way to control or harm the alleged victim), which is Class 2 misdemeanor theft, then the associated domestic violence charge would be filed as misdemeanor.
Please note, however, that defendants who have at least three prior domestic violence convictions and who are charged with this offense for a fourth (or subsequent) time can qualify as “habitual domestic violence offenders.”
Habitual offenders can face Class 5 felony domestic violence charges, which are punishable by:
- 1 to 3 years in prison
- 2-year mandatory parole
- Fines of $1,000 to $100,000.
What Are the Potential Penalties for Domestic Violence Convictions in Colorado?
The details of the case and the nature of the charges filed will determine the potential penalties if the accused person is ultimately convicted of the charges. In general, penalties for domestic violence cases can include (and may not be restricted to) some combination of:
- Jail or prison time
- Expensive fines
- Mandatory probation or parole
- Court-ordered domestic violence treatment programs
- Loss of one’s rights to own and possess firearms.
How Can I Fight Domestic Violence Charges?
The best strategies for fighting domestic violence charges will hinge on the specifics and evidence of a particular case. In general, some effective defenses to domestic violence cases can include arguing that:
- The situation was misinterpreted by the party who called the police.
- No act of domestic violence occurred.
- The alleged victim fabricated the story as act of revenge or to gain some leverage in another court case (like a child custody case).
- The domestic violence was an act of self-defense.
- The act was provoked or occurred suddenly, in the heat of passion.
Telluride Defense Attorney Jon R. Fee is highly skilled at helping clients identify and present the best possible defense in order to position domestic violence cases for the best outcomes possible.
Contact Experienced Telluride Domestic Violence Lawyer Jon R. Fee
If you or a loved one has been accused of domestic violence, contact experienced Telluride Domestic Violence Lawyer Jon R. Fee for essential legal advice, important answers about your defense options and superior defense advocacy moving forward.
Call (970) 335-9278 or Email the Firm for a Free, Confidential Consultation.
Mr. Fee brings the insight and knowledge of a former prosecutor to every defense case he handles. This empowers him to develop and present strategic, convincing defense cases to juries, judges and district attorneys while helping his clients:
- Fully understand what to anticipate at each juncture
- Make informed decisions regarding their plea and case
- Work towards getting evidence dismissed, charges dropped and/or charges reduced whenever possible
- Take the right steps to set their cases up for the best resolutions possible.
Telluride Domestic Violence Lawyer Jon R. Fee is licensed to practice in the states of Colorado and Maryland, as well as in the U.S. District Court for the District of Colorado. His enduring record of extraordinary defense representation and success has earned him a 5-star rating on Facebook.