Mr. Merson is a highly rated and seasoned Longmont criminal defense attorney with over 20 years experience that is committed to providing you with high quality legal representation on your drug charges. If you have a pending domestic violence case in Longmont or Boulder County, you probably have many questions about what to expect. Set up a free consultation today to get some answers.
Domestic Violence Legal Framework and Sentencing Enhancements
Under Colorado Revised Statutes (C.R.S.) § 18-6-801, any crime that includes an act of domestic violence triggers mandatory sentencing enhancements. These enhancements apply to various offenses, including assault, harassment, and stalking, when committed against an intimate partner. The court is required to impose a domestic violence treatment program and evaluation, conforming to standards set by the Colorado Domestic Violence Offender Management Board.
Habitual Domestic Violence Offenders
A significant aspect of Colorado's domestic violence sentencing is the classification of habitual offenders.If a defendant has been convicted of three or more prior offenses involving domestic violence, each arising from separate criminal episodes, any subsequent misdemeanor offense that includes an act of domestic violence is elevated to a Class 5 felony.This classification carries a penalty of one to three years in prison, a fine between $1,000 and $100,000, and mandatory parole.
Many different factors influence the severity of sentencing in domestic violence cases:
Criminal History;
Severity of Injury;
Use of Weapons;
Rehabilitation Efforts;
The Severity of the offense;
Danger posed to the community or victims;
The Likelihood of recidivism;
Whether the sentence will depreciate the seriousness of the offense if a less drastic option for sentencing was chosen;
The Impact of the sentence on the community;
The Age of the defendant;
Unique Factors in the case and of the Defendant; and
The Overall protection of society.
Mandatory Treatment Programs
Conviction of a domestic violence offense requires participation in a court-ordered treatment program. Defendants convicted of a domestic violence offense undergo an evaluation to determine the appropriate treatment track, which can range from Level A to Level C, based on the severity of the offense and the individual's history. Treatment typically involves weekly sessions and continues until the provider deems the defendant has met all required competencies. The cost of these programs is borne by the defendant.
Firearms Restrictions
Colorado law imposes strict firearm restrictions on individuals convicted of domestic violence offenses.Convicted individuals must surrender any firearms or ammunition in their possession and are prohibited from purchasing or possessing firearms for the duration of their sentence.Failure to comply with these restrictions can result in additional criminal charges.
Impact on Criminal Record and Future Opportunities
A domestic violence conviction in Colorado carries long-term consequences. such convictions cannot be sealed or expunged, making them visible on background checks for employment, housing, and professional licensing. This permanent record can significantly impact an individual's future opportunities.
If you have been accused of domestic violence charges in Longmont or Boulder that carry some of the long lasting consequences mentioned above, your future is in jeopardy. Do not go into the fight without an experienced advocate. Choosing an experienced lawyer is the best decision you can make early on in your case. If you need representation in Longmont, Boulder, Fort Collins, Erie, Mead, Frederick, Firestone, Berthoud, Niwot, Dacono or Lyons schedule a free consultation today, Contact The Merson Law Office at 970-219-2923 or 303-776-3511. Or fill out an intake form here.