Domestic violence charges in Colorado carry significant legal and social consequences. A conviction can result in jail time, fines, mandatory counseling, and a permanent criminal record, not to mention the potential damage to personal and professional relationships.
Perhaps the worst consequence for a parent is the possibility of being kept apart from your children – not for a conviction, just for being charged.
If you are facing domestic violence charges, it is crucial to understand your rights and the defenses available to you. This blog will explore effective defense strategies to help you navigate the complexities of domestic violence charges in our state.
A Strong Defense Starts with Understanding Domestic Violence Laws in CO
According to state law, domestic violence is defined as any act or threatened act of violence against a person with whom the accused has had an intimate relationship. This includes spouses, former spouses, co-parents, and current or former dating partners.
Notably, domestic violence is not a standalone crime but an enhancer added to other criminal charges such as assault, harassment, or stalking. This enhancer increases the severity of the penalties and often mandates mandatory arrests and protective orders.
Common Defense Strategies Against Denver Domestic Violence Charges
Challenging the Evidence
One of the most fundamental defense strategies for fighting any charge is challenging the evidence presented by the prosecution. This can involve questioning the credibility of the alleged victim and any witnesses, scrutinizing the police reports for inconsistencies, and investigating the physical evidence.
If the evidence against you is weak or contradictory, your attorney can argue that there is reasonable doubt about your guilt.
Self-Defense
Self-defense is a common and often valid defense in domestic violence cases. If you can demonstrate that you were acting to protect yourself or someone else from imminent harm, this can justify your actions.
For a self-defense claim to be successful, you must show that you had a reasonable belief that force was necessary to prevent harm and that the force used was proportionate to the threat.
False Allegations
Unfortunately, false allegations of domestic violence can occur for a variety of reasons, such as custody disputes, revenge, or manipulation. If you believe you have been falsely accused, gathering evidence supporting your innocence is essential. This can include text messages, emails, witness statements, and other documentation disproving the allegations.
Lack of Intent
Intent is a crucial element in many domestic violence cases. This can be a strong defense if your actions were accidental or unintentional. For example, if you accidentally injured the alleged victim during an argument or physical altercation, your attorney can argue that you did not have the intent to cause harm.
Alibi
Another very general defense that nonetheless applies to domestic violence – using the alibi defense involves proving that you were not present at the scene of the alleged incident. This can be substantiated with witness testimony, surveillance footage, receipts, or other evidence showing that you were elsewhere during the alleged offense.
An airtight alibi can effectively exonerate you from the charges.
Inconsistencies in Testimonies
In many domestic violence cases, the prosecution’s case relies heavily on the testimony of the alleged victim and witnesses. If there are significant inconsistencies or contradictions in their statements, this can weaken the prosecution’s case.
Your attorney can cross-examine the witnesses to highlight these discrepancies and cast doubt on their credibility.
Constitutional Violations
If your rights were violated during the investigation or arrest, this could form the basis of a defense. For example, if law enforcement officers conducted an illegal search or seizure, failed to read you your Miranda rights, or coerced you into confessing, your attorney can argue that any evidence obtained as a result should be excluded from the case.
Beating Your Charges Means Navigating Colorado’s Complex Criminal Justice System
Facing domestic violence charges can be overwhelming, especially if it feels like you are being abandoned by everyone you love. It is crucial to have an experienced criminal defense attorney who understands Colorado’s domestic violence laws and can build a strong defense on your behalf. Your attorney will work to protect your rights, gather evidence, negotiate with the prosecution, and advocate for the best possible outcome in your case.
If you are facing domestic violence charges, do not hesitate to seek legal counsel immediately to ensure that your defense is as strong as possible. Defending against domestic violence charges in Colorado requires a thorough understanding of the law and a strategic approach to challenging the allegations.
Remember, being charged with domestic violence does not automatically mean you will be convicted. With the right defense strategy, you can work towards a favorable resolution and move forward with your life.
About the Author:
Kimberly Diego is a criminal defense attorney in Denver practicing at The Law Office of Kimberly Diego. She obtained her undergraduate degree from Georgetown University and her law degree at the University of Colorado. She was named one of Super Lawyers’ “Rising Stars of 2012 & 2019-2022” and a “Top 100 Trial Lawyers in Colorado” for 2012-2022 by The National Trial Lawyers. Both honors are limited to a small percentage of practicing attorneys in each state. Additionally, Expertise names her to its lists of the 25 Best Denver DUI Lawyers and 21 Best Denver Criminal Defense Lawyers, both in 2020-2022. Ms. Diego has also been recognized for her work in domestic violence cases.
