A California man was arrested a few weeks ago for allegedly killing and cooking his ex-girlfriend’s dog to feed it to her in revenge. The girlfriend claimed to have been physically assaulted by the man and fled from the premises, leaving her dog behind. When she returned, her dog was gone. During a brief reconciliation, the man cooked his girlfriend a meal that included meat. He admitted that after the meal, he sent texts messages to her alluding that he killed the dog and she ate it. He also confessed to leaving a small bag with two dog paws and a note at the girlfriend’s house. He was arrested two days later and charged with Domestic Violence, False Imprisonment, Stalking, and Animal Cruelty.
While this is quite an extreme story, when I read the charges, it instantly made me think about how he would have been charged had he committed these crimes in Colorado. Colorado handles Domestic Violence not as it’s own crime but as a sentencing enhancer. It can be attached to any other crime to allow for harsher punishments. Confused? You are not alone. Let’s examine Domestic Violence Laws in Colorado to get a better understanding.
Colorado and Domestic Violence: An Aggravator
Colorado law defines Domestic Violence – 18-6-800.3(1) – as:
Keep in mind, this definition does not define it’s own crime. You would never be charged with Domestic Violence as a crime in and of itself. Instead, considering the gentleman in our example above, in Fort Collins, Colorado, he may have been charged with Animal Cruelty – Domestic Violence. While not it’s own charge, the added tag of Domestic Violence aggravates the charge and will make for harsher punishments at sentencing. In fact, we can postulate that had the man committed these offenses in Colorado, he may have been charged with:
- Criminal Mischief – Domestic Violence,
- Animal Cruelty – Domestic Violence,
- Stalking – Domestic Violence, and
- False Imprisonment – Domestic Violence.
Because the alleged incidences happened between two people who were at one point involved in what the State of Colorado calls an “intimate relationship,” the domestic violence tag can be added to each charge.
What Does This Mean For Sentencing?
How does a Domestic Violence enhancer affect sentencing? Well, the bottom line is: it adds a lot of potential penalties. Now, no one here is denying that the man above made poor choices, but relationships are highly emotional and sometimes people respond based on their emotions not really think through their actions. Often, it works the other way around, where the alleged victim reacts in anger and calls the police to prove a point. The consequences can be dire.
[pullquote align=”right” textalign=”center” width=”30%”]Relationships are highly emotional and sometimes people respond based on their emotions not really think through their actions.[/pullquote]Mandatory Arrest in Fort Collins
First of all, Colorado is a mandatory arrest state for Domestic Violence. This means that if the police are called for a domestic dispute (anything from a verbal argument to repeated ‘harassing’ text messages) someone will be going to jail.
Mandatory Protection Order – Not Always the Best Revenge
Next, a mandatory protection order is always entered, where the arrestee is ordered to have no contact with victim. DV is not a charge that the victim can drop. The state presses these charges and while the victim has a right to voice his or her opinion, the fate of the defendant is in the hands of the state. This is important to mention because sometimes in the heat of the moment, someone thinks calling the cops will teach their ‘significant other’ a lesson. With the motivation to get a little revenge, they believe that they can send their girlfriend or boyfriend to spend the night in jail, drop the charges the next day, and everyone learns their lesson and life goes on. This is not the case in Larimer, Boulder or Grand County, Colorado.
Domestic Violence Conviction in Larimer County
If convicted of a crime with a Domestic Violence enhancer, Domestic Violence treatment will be required. This standardized “one – size – fits – all” treatment is required for a specific amount of time, usually a year, and anger management, substance abuse, and/or psychiatric treatment may be added, all at the expense of the convicted.
These are not the only ramifications resulting from a Domestic Violence conviction. People who are convicted or plead guilty may lose custody of their children, may lose their right to bear arms, and will have a permanent conviction on their record.
Why You Need a Lawyer When Facing Domestic Violence Charges
Your future is at stake when facing Domestic Violence charges. There is a lot at risk and you should have an attorney you trust to defend you and your future. At the O’Malley Law Office, we get involved early and work hard to get your charges dismissed. Don’t be afraid. Our attorneys have fought hundreds of court battles and are prepared to be at your side every step of the way.
If you or a loved one has been charged with a crime, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 970-658-0007. We can also meet with your friend or family member at the Larimer County jail. Together, we can protect your future.