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Assault and Domestic Violence
General information:
Charges of assault can have significant effects on an individual's life and livelihood. Assault is labeled as an “extraordinary risk crime.” This means that courts, employers, and even some landlords take charges of assault seriously. You should do the same.
In Colorado, assault can be charged as a first degree misdemeanor (“M1,” usually accompanied by a charge of harassment). However, assault will be charged as a fourth degree felony (“F4”), if “serious bodily injury” is alleged. Finally, assault will be charged as a second degree felony (‘F2”) if use of a deadly weapon; malicious intent; or severe injuries are alleged.
Common charges that may accompany a charge of assault include: bias motivated assault, unauthorized person in possession of a firearm, aggravated assault, assaulting a police officer, manslaughter, vehicular manslaughter, careless driving resulting in death, vehicular assault, domestic assault, violation of a personal protective order—criminal, violation of a personal protective order—civil, revenge, stalking, harassment.
Defenses to assault include: self defense, consensual combat, and being a “reactive victim.”
Charges of Domestic Violence:
Everything about a domestic violence charge is serious. From the state’s mandatory arrest policy, to the court’s fast tracking of domestic violence cases. Once the police are involved in an argument, the best thing to do is terminate all contact with the victim and contact an attorney immediately.
In Colorado, domestic violence is not considered a standalone offense and is instead labeled a “sentence enhancer” or an “aggravator.” This means that accusations of domestic violence are added on to other criminal charges. Usually domestic violence is added onto charges of assault. Yet, domestic violence can also be added to charges involving property crimes, violations of personal protective orders, stalking, and menacing.
According to C.R.S. § 18-6-003(1), “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…”
The criminal code defines acts of violence to include acts against property, criminal mischief, interfering with a telephonic communication, and cruelty to animals; especially when the property is used to coerce, control, punish, intimidate, or exact revenge against a person whom the offender has been involved with intimately.
Colorado defines an “intimate relationship” as:
“… a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.”
Understanding how Colorado defines domestic violence terms will help offenders and victims know what steps to take following a domestic incident. Yet, the most essential step to take following an incident of domestic violence is to contacts an attorney.
If you or someone you love has been accused of assault or domestic violence, contact attorney James Frazier today at (720) 583-5529.
Charges of assault can have significant effects on an individual's life and livelihood. Assault is labeled as an “extraordinary risk crime.” This means that courts, employers, and even some landlords take charges of assault seriously. You should do the same.
In Colorado, assault can be charged as a first degree misdemeanor (“M1,” usually accompanied by a charge of harassment). However, assault will be charged as a fourth degree felony (“F4”), if “serious bodily injury” is alleged. Finally, assault will be charged as a second degree felony (‘F2”) if use of a deadly weapon; malicious intent; or severe injuries are alleged.
Common charges that may accompany a charge of assault include: bias motivated assault, unauthorized person in possession of a firearm, aggravated assault, assaulting a police officer, manslaughter, vehicular manslaughter, careless driving resulting in death, vehicular assault, domestic assault, violation of a personal protective order—criminal, violation of a personal protective order—civil, revenge, stalking, harassment.
Defenses to assault include: self defense, consensual combat, and being a “reactive victim.”
Charges of Domestic Violence:
Everything about a domestic violence charge is serious. From the state’s mandatory arrest policy, to the court’s fast tracking of domestic violence cases. Once the police are involved in an argument, the best thing to do is terminate all contact with the victim and contact an attorney immediately.
In Colorado, domestic violence is not considered a standalone offense and is instead labeled a “sentence enhancer” or an “aggravator.” This means that accusations of domestic violence are added on to other criminal charges. Usually domestic violence is added onto charges of assault. Yet, domestic violence can also be added to charges involving property crimes, violations of personal protective orders, stalking, and menacing.
According to C.R.S. § 18-6-003(1), “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…”
The criminal code defines acts of violence to include acts against property, criminal mischief, interfering with a telephonic communication, and cruelty to animals; especially when the property is used to coerce, control, punish, intimidate, or exact revenge against a person whom the offender has been involved with intimately.
Colorado defines an “intimate relationship” as:
“… a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.”
Understanding how Colorado defines domestic violence terms will help offenders and victims know what steps to take following a domestic incident. Yet, the most essential step to take following an incident of domestic violence is to contacts an attorney.
If you or someone you love has been accused of assault or domestic violence, contact attorney James Frazier today at (720) 583-5529.
Frazier Legal LLC
"The arc of the moral universe is long; but it bends towards justice." -- Dr. Martin Luther King Jr.
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