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Penalties for Domestic Violence Convictions

09/25/14 9:16 AM

Possible Penalties For Domestic Violence Convictions

Penalties for domestic violence convictions vary. Often times, being accused of a domestic violence crime is stressful, scary, and confusing. Everyone that you encounter in the court system and jail are uncaring as to your specific situation. Often times, the only question that you have is what is the worse possible scenario I am facing, if I am convicted. As domestic violence attorney the main concern I hear from my clients is the threat of additional jail time and/or a potential loss of a job. This post seeks to provide information on the potential penalties for domestic violence convictions in Colorado.

Mandatory Provisions

There are some penalties for domestic violence convictions that are the same regardless of the severity of the crime. These mandatory provisions come into effect if you receive probation. It does not matter if you receive felony, misdemeanor, or municipal court probation.

Mandatory Domestic Violence Evaluation and Treatment

If you receive probation, you will be ordered to complete a mandatory domestic violence evaluation and do all recommended treatments, classes, and therapies. The evaluation will rank you as an A, B or C. “A” being the shortest amount of treatment and C being the longest amount of treatment. There is no evaluation that does not include at least the “A” track for education and therapies.

Mandatory Protection Order

There will be a mandatory protection order in place. The terms of the protection order can very widely in each case. You can be ordered to vacate your home, have not or limited contact with your children, not be allowed to drink alcohol if you are over the legal age, and you may not have a firearm.

Fines / Fees

In addition to the treatment costs, you face additional court fines and fees and the cost of probation. These are assessed to you and must be paid prior to the completion of probation.

Gun Rights

In Colorado, if you are under a mandatory protective order, you are NOT allowed to possess, own, carry, or have any firearms or ammunition. This is a federal as well as state ban and a violation of such could result in additional criminal charges.

Sentencing to Jail or Prison

If and how much jail time you may face depends on if you are convicted of a felony, misdemeanor, or municipal court domestic violence crime. If you are charged with a felony domestic violence crime, you may face time in prison or the county jail. The amount of time you face depends on the level of felony offense and if you have any prior convictions for crimes of violence or domestic violence related crimes. Prison time can range from one year to life in prison. This is a large range because Colorado has six classifications of felony offenses with a wide range of potential felony prison sentences. Discuss the possible penalties for domestic violence convictions with a domestic violence attorney as soon as possible.

Many domestic violence charges may be eligible for felony probation. If eligible for felony probation, you could face up to 90 days in jail. After which, you would be placed under the supervision of the probation department for two to five years.

A charge of a domestic violence crime as a misdemeanor may carry up to two years in the county jail. Most of these crimes are probation eligible which can reduce the jail time to sixty days plus mandatory probation terms.

Finally, a domestic violence crime as a municipal code violation or a petty offense can carry up to one year in the county jail. These offenses are the maximum period of incarceration and many factors and defense may be available to reduce the amount of jail time or exclude it in its entirety. It is best to contact a domestic violence attorney to review your defense options and possible penalties for domestic violence convictions.

If you, a friend, or family member are being accused of a domestic violence related crime, don’t wait, contact us today for a free consultation to learn the possible penalties for domestic violence convictions. Our law firm number is (303) 747-4686. We are here to help and guide you through a stressful and often unfair process. Penalties for domestic violence convictions

Posted by Laurie Schmidt | in Domestic violence | Comments Off on Penalties for Domestic Violence Convictions

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