Is Domestic Violence a Felony in Colorado?
Domestic violence is a serious criminal offense that can have long-lasting effects on victims and their families. In the state of Colorado, the answer to the question is complex and depends on various factors. In this article, we will delve into the details of domestic violence laws in Colorado and provide insights on when it can be charged as a felony.
What is Domestic Violence in Colorado?
In Colorado, domestic violence is defined as an act of physical or sexual abuse, stalking, or threatening behavior directed at a person with whom you have a domestic relationship, including:
• Spouse or former spouse
• Partner or former partner in a romantic relationship
• Person with whom you have a child in common
• Parent or stepparent of your child
• Current or former resident of your household
• Current or former household member who has a biological relationship with you
Degrees of Domestic Violence in Colorado
Domestic violence charges in Colorado can range from misdemeanors to felonies, depending on the severity of the offense and any prior convictions. Here is a breakdown of the degrees of domestic violence in Colorado:
| Degree | Felony or Misdemeanor | Penalties |
|---|---|---|
| 2nd Degree Domestic Violence (Simple Misdemeanor) | Misdemeanor | Up to 1 year in jail and a fine of up to $5,000 |
| 1st Degree Domestic Violence (Misdemeanor) | Misdemeanor | Up to 2 years in jail and a fine of up to $5,000 |
| 2nd Degree Domestic Violence (Class 5 Felony) | Felony | 1-3 years in prison and a fine of up to $100,000 |
| 1st Degree Domestic Violence (Class 3 Felony) | Felony | 4-12 years in prison and a fine of up to $100,000 |
Is Domestic Violence a Felony in Colorado?
A first-degree domestic violence offense can be charged as a felony in Colorado, usually when there is evidence of serious bodily harm or great bodily harm. For a domestic violence offense to be charged as a Class 3 felony, it must meet one of the following criteria:
- Serious bodily harm or great bodily harm
- Attempting to cause serious bodily harm or great bodily harm
- Using a firearm, deadly weapon, or causing injury with a domestic violence weapon
- A second or subsequent domestic violence offense within 7 years
On the other hand, second-degree domestic violence is typically charged as a misdemeanor, unless the victim suffers serious bodily harm, great bodily harm, or the offender has a previous domestic violence conviction.
Consequences of a Domestic Violence Conviction in Colorado>
A domestic violence conviction in Colorado can have serious consequences, including:
* **Criminal Records**: A felony conviction for domestic violence can lead to a criminal record that remains on your record for years to come.
* **Prison Time**: If convicted, you may face imprisonment, ranging from several years to a decade.
* **Fines and Restitution**: You may be required to pay substantial fines and restitution to your victim.
* **Civil Liability**: You may also be liable for civil lawsuits, which can result in further financial losses.
* **Loss of Employment Opportunities**: A domestic violence conviction can lead to the loss of employment opportunities, due to the stigma and limitations associated with a felony record.
* **Restraining Orders**: A restraining order may be issued, requiring you to stay away from the victim and potentially interfering with your daily life.
* **Loss of Legal Rights**: A domestic violence conviction can also result in the loss of certain legal rights, such as the right to own a firearm or the right to adopt children.
Penalties for Violating a Protection Order in Colorado
**Protection orders** are an important aspect of domestic violence laws in Colorado. When a protection order is in place, it is considered a criminal offense to knowingly and willfully violate any provision of the order, including:
* Contact with the protected person
* Remaining within a certain distance of the protected person’s residence, school, or place of employment
* Stalking or harassing the protected person
Violations of protection orders can be charged as a **misdemeanor or a felony**, depending on the circumstances. **Here are the penalties for violating a protection order in Colorado:**
| Degree | Penalty |
| — | — |
| Misdemeanor | Up to 1 year in jail and a fine of up to $5,000 |
| Felony | 2-6 years in prison and a fine of up to $100,000 |
**Conclusion**
In conclusion, domestic violence in Colorado is a serious offense that can be charged as a felony or a misdemeanor, depending on the severity of the offense and the victim’s injuries. **If you are facing a domestic violence charge, it is essential to consult with a qualified attorney who is familiar with Colorado domestic violence laws**. A well-informed defense strategy can help minimize the consequences and ensure a fair outcome for your case.
