For many, the term “Domestic Violence” in Fort Collins conjures up an image of a man habitually beating his wife as she cowers in a corner. However, our top criminal defense lawyers most often see DV added as a sentence enhancer to non-violent crimes. Under C.R.S. 18-6-800.3, a crime of Domestic Violence includes any crime against a person or property. The only requirement for DV to be added as a sentence enhancer is that the defendant and alleged victim were in an intimate relationship. For that reason, we most often see people accused of Domestic Violence when they never even laid a hand on the other person.
1. What is Domestic Violence, C.R.S. 18-6-800.3, in Fort Collins?
Domestic Violence, C.R.S. 18-6-800.3, is defined as follows in Fort Collins:
Despite the name, crimes of Domestic Violence most often involve those where the defendant never even laid a hand on the alleged victim.
2. What Crimes are Frequently Charged with DV at the Larimer County Courts?
DV can be added as a sentence enhancer to any crime at the Larimer County Courts. Domestic Violence is added whenever the defendant and alleged victim were in an intimate relationship. The underlying offense need not actually be “violent” to be an act of Domestic Violence. Two offenses that frequently go hand-in-hand with Domestic Violence include:
- Harassment, C.R.S. 18-9-111 – It’s a common scenario: a woman breaks up with her boyfriend with little to no explanation, and he calls her over and over again to try to find out why. Much to his surprise, the Fort Collins Police later show up at his house to arrest him.
- False Imprisonment, C.R.S. 18-3-303 – A couple gets into an argument, and one tries to leave to go and simmer down. The other steps in front of the doorway to prevent them from leaving. The “victim” then calls the Larimer County Sheriff.
Notice that in the above scenarios, the defendant never even touched the alleged victim, let alone engaged in actual violence. They likely didn’t even intend to cause any sort of harm to the victim. Yet because the two people were in an intimate relationship, the defendant is charged with a crime of Domestic Violence.
3. Contact the Best Larimer County Domestic Violence Lawyers Today
If you have been charged with a crime of Domestic Violence, you need to contact the best Larimer County criminal defense lawyer today. The addition of a DV sentence enhancer changes every aspect of your case, starting when you’re first handcuffed all the way to your sentencing hearing. An experienced attorney with the years of experience, insight, and knowledge of the Larimer County Courts is essential. Even if you were charged with a non-violent offense, you will still be painted as an “abuser” by the District Attorney, which can result in harsh and undue penalties if you are convicted. A top lawyer can protect you by demonstrating your good character and lack of intent to cause harm to the Court. Don’t wait, and contact us today to discuss your charges and get back to living in freedom.
Have you been charged with a crime of Domestic Violence? Be smart, and exercise your right to stay silent. Never talk to the Fort Collins Police or other law enforcement, and do not contact the alleged victim. Instead talk to a criminal defense lawyer with decades of experience at the O’Malley Law Office today at 970-658-0007 to discuss your case. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
Photo by Timur Weber