Protecting your rights against loss of family, loss of employment and false allegations in Eagle + Garfield Counties
Defending Domestic Violence Related Charges
Cases involving domestic violence are all too common in Colorado and everywhere in the U.S.
Domestic violence is not a separate crime that stands alone – it is a “sentence enhancer.” This means that if someone is accused of assault, destruction of property or harassment, and has ever been in an intimate relationship with the “victim,” the domestic violence protocol must be followed by the courts.
Domestic violence cases can be more difficult than other criminal cases because the police have no discretion after being called to a scene – one – or both parties must go to jail to avoid further alleged violence. The district attorney may not simply drop such a case. The court cannot accept a dismissal if there is any evidence that it may have occurred.
At motions hearings and trial, domestic violence cases often have emotional issues ranging from a victim wanting to recant and take it back, to an alleged victim wanting revenge and gathering large numbers of supporters to attend to try to influence the case.
The law requires any disposition involving a domestic violence enhancer must include domestic violence counseling as part of the sentence.
Determine and advise you on all possible penalties, including jail time, sentence options, collateral consequences, required counseling, firearm restrictions.
Determine who was really the victim, as opposed to who called the police.
Determine whether the police interviewed our client or simply accepted the alleged victim’s story.
Work to preserve exculpatory (favorable) evidence.
Obtain all video, body cams, relevant discovery-reports, criminal record, and evidence from police, witnesses and chemical testing.
Determine whether the prosecution has preserved its evidence.
Determine whether the alleged victim is willing to cooperate with the prosecution, or where the victim is located.
Determine whether the prosecution meets all necessary elements of the charges.
Analyze all the facts and law to develop a legal opinion on whether the charges are defensible.
Review with the client the risks and benefits of going to trial. Whether trial is feasible in consideration of the strength of the client’s evidence, the prosecution evidence and the nature of the charges and possible penalties.
Analyze and advise regarding the feasibility of trial or plea bargain, based upon the quality of evidence.
Control the speed and timing of court dates to fit your circumstances.
Identify all aggravating and mitigating factors.
Meet with the district attorney to determine the quality of evidence for and against you, along with factors that help or harm your case.
Appear with you at court and ensure your rights are protected.
If a plea bargain is reached, we prepare to argue for the most favorable sentence possible.
If trial is the best option, we make the prosecution try to prove its case beyond a reasonable doubt and present all admissible evidence to disprove the charges.