If you have been accused of aggravated domestic violence, you may be facing serious felony charges and life-changing consequences. Allegations involving serious bodily injury, strangulation, or the use of a deadly weapon can expose you to substantial prison time, mandatory protection orders, and other severe penalties. An experienced aggravated domestic violence lawyer can protect your rights and begin building your defense immediately.
At Liberty Law Center, we defend clients facing serious domestic violence-related charges throughout Colorado. Our attorneys thoroughly investigate every case, challenge the prosecution's evidence, and fight for the best possible outcome. If you have been arrested, call (719) 285-4889 today to schedule a confidential consultation.
Domestic violence cases often involve conflicting statements, emotional allegations, and aggressive prosecution.
At Liberty Law Center, we conduct a thorough investigation by reviewing police reports, body camera footage, witness statements, medical records, and other available evidence to identify weaknesses in the prosecution's case. We also challenge unlawfully obtained evidence, negotiate with prosecutors when appropriate, and are fully prepared to defend your case at trial if necessary.
From the moment you hire our firm, we work to protect your rights and pursue the strongest possible defense based on the facts of your case.
Colorado does not have a separate criminal offense called aggravated domestic violence.
Instead, the term is commonly used to describe domestic violence cases involving aggravating circumstances that can result in more serious criminal charges or enhanced penalties.
For example, allegations may be considered more serious if they involve:
In Colorado, domestic violence is generally a designation that may be applied to certain criminal offenses when the alleged victim and the accused have or had an intimate relationship, as defined by state law.
The underlying offense, such as assault, menacing, or criminal mischief, determines the criminal charge, while the domestic violence designation can affect sentencing, mandatory treatment requirements, and other legal consequences.
In Colorado, domestic violence is not a separate criminal offense.
Instead, it is a legal designation that may be added to certain criminal charges when the alleged offense involves a person with whom the accused has or had an intimate relationship, such as a spouse, former spouse, dating partner, co-parent, or someone with whom they have lived in an intimate relationship.
A domestic violence designation can significantly affect how a case is handled, even though it does not change the underlying criminal charge. Depending on the circumstances, it may result in:
Because the designation can have lasting legal consequences, it is important to understand not only the underlying charge but also how the domestic violence designation may affect your case. An experienced criminal defense attorney can evaluate the allegations, explain your legal options, and develop a defense strategy tailored to your circumstances.
The specific charges depend on the facts of the case, including the alleged injuries, whether a weapon was involved, and the available evidence. Some of the most common charges associated with aggravated domestic violence allegations include the following.
Under C.R.S. § 18-3-202, first-degree assault is one of Colorado's most serious violent crimes. It generally involves intentionally causing serious bodily injury with a deadly weapon or causing serious bodily injury under circumstances showing extreme indifference to human life. When the offense involves domestic violence, additional legal consequences may apply.
Under C.R.S. § 18-3-203, second-degree assault may be charged when a person intentionally causes bodily injury with a deadly weapon or commits another act prohibited by the statute. Allegations involving strangulation or significant injuries frequently result in second-degree assault charges.
Under C.R.S. § 18-3-204, third-degree assault generally involves knowingly or recklessly causing bodily injury to another person. While it is less serious than first- or second-degree assault, a domestic violence designation can still result in mandatory treatment requirements and other significant consequences.
Under C.R.S. § 18-3-206, prosecutors may file menacing charges when someone is accused of knowingly placing another person in fear of imminent serious bodily injury through threats or intimidation. The use of a deadly weapon can substantially increase the severity of the charge.
If property is intentionally damaged during a domestic dispute, prosecutors may also file criminal mischief charges under C.R.S. § 18-4-501. The severity of the offense generally depends on the amount of damage allegedly caused.
Because Colorado does not recognize aggravated domestic violence as a separate offense, the penalties depend on the underlying criminal charge and its classification. However, allegations involving serious injuries or weapons often result in felony charges carrying significant prison exposure.
Depending on the circumstances, a conviction may result in:
The specific penalties vary based on the offense charged, your criminal history, and the facts of the alleged incident. An experienced criminal defense attorney can explain the potential consequences and develop a strategy to challenge the charges.
After a domestic violence arrest, the criminal justice process begins almost immediately. Because Colorado treats domestic violence allegations seriously, the court may impose conditions and restrictions even before your case is resolved.
Although every case is different, the process generally includes:
The decisions you make during these early stages can significantly affect the outcome of your case, making it important to speak with an experienced criminal defense attorney as soon as possible.
In Colorado, courts generally issue a mandatory protection order after a person is arrested for a domestic violence-related offense. The order is intended to protect the alleged victim while the criminal case is pending and may impose restrictions on the accused.
Depending on the circumstances, a mandatory protection order may:
It is important to follow every condition of the protection order. Violating the order can result in additional criminal charges and may negatively affect the outcome of your case.
Domestic violence cases often involve more than the statements of the people involved. Prosecutors may rely on a wide range of evidence to establish what they believe occurred.
Evidence may include:
An experienced defense attorney will carefully examine this evidence for inconsistencies, constitutional issues, and weaknesses that may support your defense.
Every case is different, and the strongest defense depends on the facts surrounding the allegations. A thorough investigation may reveal weaknesses in the prosecution's evidence or legal issues that support reducing or dismissing the charges.
Possible defenses include:
Colorado law allows individuals to use reasonable force to protect themselves or another person in certain circumstances. If your actions were legally justified, self-defense may provide a complete defense to the charges.
Domestic violence accusations sometimes arise during contentious divorces, custody disputes, or emotionally charged arguments. If the allegations are false or exaggerated, evidence may contradict the prosecution's claims.
Certain offenses require prosecutors to prove that you acted intentionally or knowingly. If the incident was accidental or the required mental state cannot be established, the prosecution may be unable to prove the charge.
The prosecution must prove every element of the offense beyond a reasonable doubt. If the available evidence is inconsistent, unreliable, or incomplete, your attorney may seek a dismissal, reduction of the charges, or an acquittal.
If law enforcement violated your constitutional rights during the investigation, search, arrest, or questioning, certain evidence may be excluded from trial.
A conviction involving domestic violence can affect nearly every aspect of your life long after your criminal case is over. In addition to any jail or prison sentence, you may face consequences that impact your career, finances, and personal relationships.
Depending on the offense, a conviction may result in:
Because these consequences can be significant, it is important to take any domestic violence allegation seriously and seek experienced legal representation.
If you have been accused of aggravated domestic violence or another domestic violence-related offense, do not wait to seek legal help. Early intervention can make a meaningful difference in the outcome of your case. An experienced aggravated domestic violence lawyer can explain the charges you face, protect your constitutional rights, and develop a defense strategy tailored to your situation.
At Liberty Law Center, we are committed to defending clients facing serious domestic violence allegations throughout Colorado. Call (719) 285-4889 today to schedule a confidential consultation with an experienced aggravated domestic violence lawyer.
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