Fort Collins Domestic Violence Defense Lawyer

We Represent Defendants in Cases with DV Sentencing Enhancements

Domestic violence in Colorado is considered a sentence enhancer under C.R.S. § 18-6-800.3. This means that, when a crime is committed within the context of an intimate relationship and includes acts of coercion, control, or intimidation, it triggers additional legal consequences beyond the penalties for the underlying crime. These enhancements often include:

• Mandatory participation in a domestic violence treatment program
• Surrender of firearms or ammunition upon conviction
• Stricter probation terms or longer incarceration periods, especially for repeat offenders

For example, a person convicted of misdemeanor assault may face several months of incarceration. If the alleged assault occurred between two people in an intimate relationship, it will be classified as domestic violence, and the individual may also be ordered to complete extensive treatment programs and face firearm restrictions.

If you've been arrested and charged with domestic violence, and the court has issued a protection order for you to stay away from the victim, it's time to hire a defense attorney. Prosecutors can bring DV charges even if the alleged victim recants or opts out of pressing charges, which makes having legal representation on your side critical. Rachel A. Michael, LLC is here to help.

Our Fort Collins domestic violence lawyer recognizes that innocent people can be wrongly charged with domestic violence due to a misunderstanding or even a false accusation made maliciously. Whether you have been charged with physical, sexual, psychological, emotional, or economic domestic violence, we are here to help.

Call  Rachel A. Michael, LLC today at (970) 616-6668 or contact us online to request a FREE consultation with our domestic violence lawyer in Fort Collins.

Why Choose Rachel A. Michael, LLC for Your Defense?

• Former Prosecutor Defending Your Rights
• National Trial Lawyers: Top 40 Under 40 in Colorado
• We Return All Calls and Emails Promptly
• We Offer Affordable Rates & Student Discounts

What You Need to Know About Your Charges

In C.R.S. 18-6-800.3(1), Colorado law defines domestic violence as: “an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.” The definition also includes any crime used as a means of coercion or control against a person with whom the actor is in an intimate relationship.

Persons in intimate relationships include:

• Spouses
• Former spouses
• Unmarried couples
• Parents of the same child (regardless of marital status)

Colorado Is a Mandatory Arrest State

In Colorado, law enforcement officers are required to make an arrest when responding to a reported incident of domestic violence if they have probable cause to believe a crime was committed with the intent of revenge, control, coercion, intimidation, and/or punishment.

Due to the broad nature of these terms, authorities often proceed with arrests in nearly all domestic violence cases they encounter. This can result in arrests based on unfounded or false accusations.

Our domestic violence defense attorney can play a critical role in protecting the defendant’s rights when a mandatory arrest is made. We will thoroughly investigate the circumstances of the arrest, evaluating whether law enforcement acted appropriately and within legal boundaries. If the charges are based on false allegations, we will work to uncover discrepancies in the accuser's statements and gather evidence to challenge their claims.

We will guide you through all aspects of the legal process, from addressing the protective orders to negotiating a dismissal or reduction of charges. By crafting a strong defense strategy and presenting compelling evidence, we strive to minimize penalties or get your charges dismissed altogether.

Potential Penalties for Domestic Violence in Colorado

Domestic violence is not its own crime but rather a sentence enhancement for those convicted of harming or threatening to harm a person with whom they are in an intimate relationship. As such, the penalties for domestic violence depend on the underlying offense.

For instance, suppose someone is accused of third-degree assault, which involves knowingly or recklessly causing bodily injury to another person.

Third-degree assault is a class 1 misdemeanor, punishable by:

• 6 to 24 months of incarceration (it is an extraordinary risk crime) and/or
• $500 to $5,000

If the alleged victim was someone the actor was in an intimate relationship with, in addition to the sentences listed above, they would also be required to complete a treatment evaluation and program. 

If you are convicted of a crime with a DV aggravator, the court may order that:

• you not purchase or possess firearms or ammunition until your sentence is complete, and
• you surrender any guns or ammunition currently in you possession.

It's possible that you'll also be designated as a habitual domestic violence offender. This designation applies to individuals convicted of their fourth or subsequent domestic violence offense. In such cases, if the underlying crime is a misdemeanor, the charge increases to a class 5 felony.

If you’ve been accused of domestic violence, our Fort Collins domestic violence lawyer can work to help you avoid or minimize penalties by aggressively challenging the allegations against you.

Get Legal Help from Our Fort Collins Domestic Violence Lawyer

At Rachel A. Michael, LLC, we understand how devastating a single accusation can be to your life, your family, and your future. Our team, made up of former prosecutors and public defenders, brings a depth of knowledge and experience to help you effectively navigate the complexities of the criminal justice system in Northern Colorado and the Denver Metro area. With a proven track record spanning over a decade, we are dedicated to defending individuals accused of domestic violence, delivering exceptional outcomes through personalized legal strategies.

What sets our team apart is our firsthand experience working on both sides of the courtroom. This unique background gives us an in-depth understanding of how the system operates and allows us to anticipate and counter the tactics used by the prosecution. We are relentless in our pursuit of justice and committed to standing by your side every step of the way to protect your rights and secure the best possible resolution for your case.

Contact Rachel A. Michael, LLC online to get started on your defense with our Fort Collins domestic violence attorney. Give us a call at (970) 616-6668.