If you are seeking advice on how to beat domestic violence criminal charges in Colorado, you’re likely feeling overwhelmed, scared, and uncertain about what the future holds. The Colorado criminal justice system takes domestic violence cases extremely seriously, making it challenging for the accused to defend themselves.
This article will help you navigate the road ahead as you build a robust defense against domestic violence allegations in Colorado. From gathering evidence and finding the right attorney to navigating the legal process and exploring potential defenses, we’ll equip you with the knowledge and tools to beat domestic violence criminal charges, emerging victorious with your freedom, reputation and future intact.
Understanding Colorado’s Domestic Violence Laws
Colorado’s domestic violence laws are designed to protect victims. This can make it incredibly difficult for the accused to defend themselves, especially if the accusations against them are false. To develop an effective defense strategy and beat domestic violence criminal charges, a strong understanding of the laws involved is crucial.
Mandatory Arrest Laws
Colorado law mandates that a police officer make an arrest if they have probable cause to believe an act of domestic violence has occurred.
This low threshold for probable cause can lead to many wrongful arrests, as the police may not have a complete understanding of the circumstances or, in some cases, of who the actual victim is in the situation.
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Reporting Laws
Colorado has also extended the statute of limitations for reporting domestic violence incidents from one year to six years and, in some cases, up to 20 years. This extended timeline can make it challenging to gather evidence and mount a defense, as the alleged incident may have occurred long ago.
Prosecution Challenges
Even if the victim recants their testimony or does not want to press charges, El Paso County prosecutors may still proceed with the case if they believe they have sufficient evidence to prove the allegations.
This can be particularly frustrating for the accused, who may feel that there is little to no chance they will beat domestic violence criminal charges with the judicial system stacked against them.
Building a Robust Defense
To effectively beat domestic violence criminal charges in Colorado, you’ll need to take a multi-faceted approach addressing the unique challenges resulting from the state’s laws.
Gather Compelling Evidence
The foundation of your defense will be the evidence you can gather to support your case. This may include:
- Photographs of any injuries or lack thereof
- Witness statements from individuals who observed the alleged incident
- Text messages, emails, or other communications that contradict the victim’s account
- Proof of the victim’s intoxication or history of false accusations
Collecting this evidence as soon as possible after the alleged incident is crucial, as time can erode or obscure critical details.
Identify Potential Defenses
Depending on the specifics of your case, you may be able to mount a defense based on self-defense, accident, or the lack of evidence that you and the alleged victim have or had an intimate relationship. Your attorney will carefully examine the evidence in your case to determine the most effective defense strategy.
Hire an Experienced Colorado Springs Domestic Violence Attorney
To navigate the complex legal landscape and beat domestic violence criminal charges in Colorado requires the expertise of a criminal lawyer specializing in these types of cases.
Therefore, you should hire an attorney who has a proven track record of successfully defending their clients against domestic violence allegations and who can provide you with personalized, attentive service.
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Preparing for the Legal Process
Once you’ve assembled your criminal defense team and gathered the necessary evidence, you’ll need to prepare for the legal process ahead.
Understand the Fast-Tracked Nature of Domestic Violence Cases
Domestic violence cases in Colorado are fast-tracked, meaning that the initial court hearing and plea entry will happen much more quickly than in non-domestic violence cases. This accelerated timeline can be challenging to an inexperienced attorney, but a seasoned Colorado Springs domestic violence defense attorney will guide you through the process. Their experience will ensure your rights are protected and give you the best chance to beat domestic violence criminal charges.
Comply with Any Protective Orders
If a protective, or restraining, order is issued against you, complying with the order to the letter is crucial to your future freedoms. Violating a restraiging order can result in additional criminal charges, further complicating your case.
Consider a Plea in Abeyance
In some cases, your attorney may recommend a “plea in abeyance,” where you plead guilty or no contest, but the plea is not entered. Instead, you receive the opportunity to complete certain conditions. These may include community service or anger management classes.
If you successfully fulfill these conditions, the charges can be dismissed. You can go on with your life, secure in the knowledge that you beat domestic violence criminal charges.
In El Paso County Court
In cases of domestic abuse accusations, an El Paso County judge or jury will likely decide your fate. Your criminal defense attorney will tirelessly work to present a compelling defense and challenge the prosecution’s case. Here is what you can do during this phase of your defense.
Dress Appropriately and Conduct Yourself Professionally
Making a good impression on the judge and jury is imperative if you are going to beat domestic violence criminal charges in El Paso County.
Dress conservatively and behave professionally throughout the proceedings.
Decide Whether to Testify
Your criminal defense attorney will advise whether testifying in your defense is in your best interests. Their decision will depend on factors such as your ability to remain calm under cross-examination and the strength of other evidence in your case.
Trust your attorney’s opinion on whether or not you should testify – they have your best interests at heart.
Present a Robust Defense Strategy
Your criminal defense attorney will develop a robust strategy that either challenges the prosecution’s ability to prove you’re guilty beyond a reasonable doubt or establishes that your actions were justified, such as in cases of self-defense.
Cross-Examine the Alleged Victim
If the alleged victim testifies, your attorney will have the opportunity to cross-examine them. During their testimony, controlling yourself may be difficult, especially when you are facing false accusations of abuse.
Remember, however, that any outburst you display can reflect negatively on your defense and lessen the odds that you will beat domestic violence criminal charges.
Trust your attorney to do their job, highlighting any inconsistencies or weaknesses in the alleged victim’s testimony.
The Best Way to Beat Domestic Violence Criminal Charges is With the Aid of an Experienced Criminal Defense Attorney
Make no mistake: if you are facing charges of domestic violence in Colorado, you have an uphill battle ahead of you. But that does not mean your case is hopeless. With the right legal strategy, evidence, and support, overcoming these charges and protecting your future is possible. Stay strong, stay focused, and trust that your experienced legal team has your back every step of the way.
At James Newby Law, our criminal attorneys form the experienced Colorado Springs domestic violence defense team you want on your side. As former prosecutors, we know how to use the system to our advantage. We will fight for your rights, reputation, and future with an unmatched tenacity.
Put our former prosecutor advantage to work for you today. Schedule your free, confidential initial consultation.
James Newby is a criminal defense attorney in Colorado Springs and the managing attorney of the criminal justice law firm James Newby Law. James got into law because of a deep-rooted passion for helping good people that may have made a poor choice that could have lasting consequences.
