Third Degree Assault and Domestic Violence Assault
Assault is always serious and can lead to legal ramifications in Colorado. However, if you’re charged with assault and it is deemed domestic violence assault, you could have elevated penalties.
In Colorado, crimes in which there is an underlying domestic violence issue will have enhanced penalties.
Domestic assault has even more severe penalties than standard assault. You won’t only be burdened with expensive fines and possible jail or prison time, but you could be required to attend a domestic violence treatment program as well. In addition, a domestic violence charge triggers a mandatory protective order filed against the accused.
If you or someone you know has been charged with third-degree assault, domestic violence, it’s imperative you seek trusted legal representation.
Domestic Violence Attorney for Third Degree Assault in Colorado Springs
In some cases, a domestic violence assault charge stems from a simple misunderstanding. Unfortunately, that doesn’t mean anything to Colorado’s criminal courts. A domestic violence assault charge could result in an extended jail sentence, court ordered treatment programs and being subject to a restraining order.
If you or someone you know has been charged with domestic assault, it’s highly recommended you contact an attorney at Black, Blink, & Associates, LLC. Our legal team at Black, Blink, & Associates has in-depth knowledge of Colorado’s domestic violence laws. We will utilize our skills to create a strong defense for you. Call 719-694-0578 today to set up a free consultation.
Black, Blink, & Associates LLC represents people throughout the greater Colorado Springs area including Calhan, Fountain and Manitou Springs.
Overview of Third-Degree Domestic Assault in CO
- What Constitutes as Third-Degree Domestic Assault in Colorado?
- Penalties for Third-Degree Domestic Assault
- Domestic Violence Consequences for Assault
- Additional Resources
What Constitutes as Third-Degree Assault, Domestic Violence in Colorado?
Colorado is unique in how it handles domestic violence crimes. Instead of having a statute for domestic violence offenses, Colorado enhances the charges that have are considered domestic violence. So, any crime can have a domestic violence enhancement, including offenses against persons, property or animals.
Colorado defines “domestic violence” under Colorado Revised Statutes as violence or a threat of violence against someone you have an intimate relationship with. The term “intimate relationship” refers to romantic or shared parental relationships. Some examples of people in a “intimate relationship” include, but are not limited to:
- Spouses;
- Ex-spouses;
- Boyfriend and girlfriends;
- Ex partners; and
- Couples who share children but aren’t together
Assault is classified under three degrees and third-degree assault is the lightest. To be charged with third-degree assault you must have.
The elements of third degree assault are:
- when a person knowingly or recklessly causes bodily injury to another, or even negligently causes bodily injury with a deadly weapon.
- The person, with intent to harass, annoy, threaten, or alarm another person whom the actor knows or reasonably should know to be a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, causes the other person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or toxic, caustic, or hazardous material by any means, including throwing, tossing, or expelling the fluid or material.
Colorado law defines a deadly weapon as:
- A loaded or unloaded firearm; or
- Any weapon used to produce death or serious bodily injury
Penalties for Third-Degree Domestic Assault in CO
A third-degree domestic assault conviction is a class 1 misdemeanor, with a potential jail time of 364 days.
Domestic Violence Consequences of Assault
Colorado is a mandatory domestic violence arrest state. Colorado Law enforcement officers are required to arrest a person if they have probable cause indicating domestic violence has occurred.
Even if the alleged victim denies that they were assaulted, does not want the defendant arrested, the police will still make an arrest with some evidence that a crime occurred.
Likewise, if the alleged victim changes their story, tells the prosecutor or judge that they want the case dismissed, or indicates that they will not testify against the defendant, the District Attorney’s office will not merely agree to dismiss the case. This is why it is important to have experienced criminal defense attorneys on your side so that they can take a look at the entirety of the case and determine if the prosecutor has enough evidence to go forward, or otherwise look for a dismissal or a reasonable plea offer.
In addition, domestic violence offenders are not allowed bond until they’ve appeared in front of a judge. Unfortunately, this typically means that the person charged with a crime that has domestic violence added on, will likely spend at least one night in jail.
If you’re convicted of domestic assault, you’ll be required to face /colorado-springs-criminal-defense-attorney/domestic-violence/domestic-violence-consequences/ from being convicted with assault that is not domestic violence.
Your incarceration or probation period may be extended depending on the judge. The court will order you to attend a domestic violence treatment program, possibly anger management classes if the issue stems anger. You will also be obligated to relinquish all your firearms within 24 hours of your release.
Colorado will automatically issue a protective order if they believe an assault was domestic violence-related. A protective order is also known as a restraining order and prohibits you from being near the vicinity of the alleged victim. It may even require you to move out if you share a residence with the alleged victim, and staying away from places the alleged victim may be.
You must follow the order even if the alleged victim didn’t want it to be issued. Violating a protective order will result in a class 1 misdemeanor, which is punishable by:
- Up to 18 months in jail; and
- A fine of up to $5,000
Black, Blink, & Associates LLC has been successful in amending the mandatory protection order so that the defendant and alleged victim may communicate. This can be helpful when the parties need to communicate about finances, children, household issues. Also, our lawyers have been successful at amending the mandatory protection order so that the parties can be reunited in the same household.
Additional Resources
Colorado Assault Laws – Visit the official website of the Colorado Revised Statutes to learn more about their assault laws. Access their legislation to learn the charge specifics, penalties, possible mitigating factors and more
Potential Defenses For Domestic Violence
- General denial. The assault did not occur.
- Self-defense, defense of others, defense of property. This can occur when the defendant was merely trying to protect themself, protect someone else, or prevent property from being damaged or stolen;
- False allegations. The alleged victim is lying to have the defendant arrested. This can occur when the alleged victim wants to get the defendant out of the house, gain leverage in a custody battle, revenge, or being vindictive.
Defense Lawyer for Domestic Assault in Colorado Springs
If you or someone you know has been charged with assault that is deemed domestic violence or domestic assault, it’s vital you have a skilled defense attorney on your side. A domestic violence charge can be tricky to defend because it relies mostly on testimony.
Find Legal Representation At Black, Blink, & Associates, LLC.
The attorneys at Black, Blink, & Associates, LLC have years of experience with domestic violence cases. We can assess your situation and use our extensive resources to help you. Call us now at 719-694-0578 to schedule a consultation today. Black, Blink, & Associates LLC represents people throughout the El Paso County area including Denver County and Arapahoe County.