Fort Collins Domestic Violence Defense AttorneyRequest Free Consultation
Getting charged with domestic violence in Fort Collins or the surrounding areas is a serious matter. Domestic violence can encompass various allegations. Maybe those allegations arose during a heated argument and were made to get back at you. Maybe the alleged victim decided to make a mountain out of a molehill. Regardless of how the charges against you came about, now they exist. Your entire future is now at stake. So, now what? Call (970) 573-5187 or complete our contact form to schedule your free consultation with a Fort Collins domestic violence defense attorney at Martin & Reed, LLC.
What is Considered Domestic Violence in Fort Collins?
Domestic violence is defined by the State of Colorado as a threat or an actual assault against someone or their property. The key is that the person is someone that you are currently in an intimate relationship with them or you were once in an intimate relationship with. It doesn’t matter if you were married to them or if you or the other person is part of the LGBTQ+ community. Abuse against children or spouses falls under domestic violence. Stalking and harassment also fall under the domestic violence umbrella.
Domestic violence allegations create an emotionally charged atmosphere. It’s crucial that you establish a defense strategy with an experienced domestic violence attorney. Schedule your free consultation with a Fort Collins criminal defense lawyer from Martin & Reed, LLC, now.
Who Gets Arrested When the Fort Collins Police Are Called?
When the police are called in Fort Collins or anywhere else in Colorado because of an incident involving domestic violence, there are several factors that the police look for to determine if they have probable cause to believe this crime occurred.
- Intimidation of the alleged victim
- Coercion of the alleged victim
- Control of the alleged victim
- Punishment of the alleged victim
- Retaliation against the alleged victim
If these factors exist according to law enforcement’s belief, they are required to make an arrest. Their belief is based only on suspicion that the signs are present. Keep in mind that domestic violence isn’t based only on violence. It can also be stalking, harassment, document control, threats of violence, improper financial control, and crimes against property (including pets and other animals).
What Does Colorado Law Say About Domestic Violence Charges?
Colorado domestic violence law is fairly strict. Domestic violence charges are not independent crimes. For example, if you’re facing two counts of domestic violence, they wouldn’t be two individual crimes. Under Colorado law, domestic violence is a sentence enhancement. In plain language, they are aggravating circumstances that increase the punishment for the crime committed against the current or intimate partner. Colorado law also makes our state a mandatory arrest state if there is probable cause that someone committed domestic violence. The law also allows a protective order to be automatically issued when a domestic violence charge occurs. Domestic violence cases are fast-tracked according to State law so that defendants are able to get treatment and alleged victims are protected from abusive or violent behavior.
If the Victim Drops the Case, Are the Domestic Violence Charges Dropped?
There are times when victims decide to drop the domestic violence case. This is often true when alleged victims admit that they called the police because they were angry and wanted to get their partner or former partner into trouble. Unfortunately, there are many times that alleged victims want to drop the charges against their partner or former partners and even if they do or even refuse to testify, the State continues to prosecute.
Yet, if the only proof the State has is the testimony of the alleged victim, the prosecutor may also choose to drop the charges against you. Regardless it’s important to have an experienced domestic violence defense lawyer representing you. Schedule your free consultation with one of our Fort Collins domestic violence attorneys now.
Penalties Associated with Domestic Violence in Fort Collins
There are several penalties for being convicted of domestic violence that you may face, including:
- You could lose your right to own or possess a firearm. If you already own firearms, you must give them to law enforcement, a gun dealer, or a private party. If your charges are dismissed or the protection order is dismissed, you can get your firearms back. If you’re convicted of a felony or a violent misdemeanor, you could lose your firearm rights forever.
- If you’re not a citizen of the US, you may be deported
- You could face fines
- You could lose custody or visitation of your children
- You could face jail or prison time
- If you’re convicted of a felony, it could make it more difficult to find adequate work or housing in the future
Martin & Reed, LLC, Will Help you with your Fort Collins Domestic Violence Case
Whether you were involved in an argument that turned physical, or you have been charged with stalking your current or previous partner, when domestic violence charges are brought up against you, you need a skilled Fort Collins domestic violence defense attorney to come up with the right defense strategy for you. Schedule your free consultation with a Fort Collins criminal defense lawyer from Martin & Reed, LLC, today.