In Boulder County and throughout Colorado, domestic violence encompasses a range of behaviors committed against a person with whom the perpetrator has an intimate relationship, such as a spouse, partner, or ex. These behaviors include:
- physical violence,
- emotional abuse,
- threats,
- intimidation,
- coercion
Under Colorado law, Domestic Violence CRS 18-6-800.3 is not a separate crime but enhances penalties for other offenses when committed against someone in a domestic relationship. Common charges related to domestic violence include assault, harassment, stalking, and criminal mischief, among others.
Defenses to Boulder Domestic Violence Charges
Defenses to charges of domestic violence in Boulder, Superior, or Louisville can vary depending on the circumstances of the case. One common defense is self-defense or defense of others, asserting that the accused acted to protect themselves or someone else from harm.
Lack of evidence is another potential defense, challenging the prosecution's ability to prove beyond a reasonable doubt that the alleged incident occurred or that it constitutes domestic violence. In some cases, mistaken identity may be argued if the accused was wrongly identified as the perpetrator. Additionally, consent can be a defense if the alleged victim consented to the conduct in question.
Top Boulder Domestic Violence Lawyer
Colorado law also recognizes affirmative defenses specifically related to domestic violence cases. These include arguing that a defendant's actions were necessary to protect themselves or another person from imminent harm, or that the conduct alleged was in defense of property or to prevent trespass.
Counseling or therapy completed voluntarily by the accused may also serve as a mitigating factor in sentencing if it demonstrates efforts towards rehabilitation. In cases where the prosecution fails to meet the burden of proof or where there are mitigating circumstances, an attorney from Sawyer Legal Group can assist in charges being reduced or even dismissed. However, every case is unique and outcomes can vary significantly based on the specifics of the situation and the evidence presented. Contact a Boulder County domestic violence lawyer today to discuss your unique case.
Don't talk to police about allegations of domestic violence - talk to us. 303-830-0880
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