Colorado Sex Crime Attorney Blog

Domestic Violence and Self-Defense in Denver and Across Colorado

Posted by Kyle B. Sawyer | Oct 16, 2015 | 0 Comments

As Denver sex crimes criminal defense lawyers, we've handled many sex crimes cases. In some of those cases, we've seen men and women facing sex crimes charges with the unnecessary Domestic Violence label. Let's look more closely at the Domestic Violence (DV) label in Colorado, how prosecutors overcharge you and how Domestic Violence can be defended by criminal attorneys in Colorado.

How Domestic Violence is Charged in Douglas County

Domestic Violence, C.R.S. 18-6-800.3, is often charged in Douglas County and across Colorado when there's an “act or threatened act of violence” against a victim you are or have been in an intimate relationship with. Domestic Violence can also include any other crime involving “coercion, control, punishment, intimidation, or revenge” directed towards the person you are or were in an intimate relationship with.  Apparently, once in an intimate relationship, always in an intimate relationship.

What is the Definition of An Intimate Relationship?

The law defines intimate relationships so broadly that it makes it easy to be charged with Domestic Violence in Colorado. Intimate relationships involve relationships between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time. A sexual relationship is no longer necessary – making the pool of DV offenders even broader.

Prosecutors Often Overcharge You in Arapahoe County

The broadness of the Domestic Violence definition makes it that much easier for you to be overcharged by prosecutors in Arapahoe and Adams County. For example, a district attorney can easily tack on a domestic violence charge to a harassment charge against your boyfriend, husband or ex-husband, if you yelled at them or tried to force them to do something they didn't want to do. Things have gotten so bad, we wonder if pestering another can be charged as Domestic Violence.  Domestic Violence is a sentence enhancer, lengthening Arapahoe County jail sentences or prison sentences.

Is Self-Defense a Defense in Domestic Violence Cases in Colorado?

Self-defense is one of the most common defenses a lawyer can use when defending Domestic Violence.

Domestic Violence can be defended in many ways in Colorado. Self-defense is one of the most common defenses an experienced sex crimes lawyer can use when defending Domestic Violence. Self-defense is an affirmative defense, which means there are facts of a criminal case (other than the ones given by a plaintiff or prosecutor) that can result in the dismissal of a criminal charge or lessen the outcome of a criminal case conviction. However, for self-defense to be a valid defense, the amount of force you used to defend yourself has to line up with any force / attempted force against you. If you felt someone was going to sexually assault you or touch you inappropriately, it's okay to use self-defense in response. But, the amount of force has to be reasonable for the attempted or exerted force used by someone else. For example, a woman pulling a gun on a man who tried to touch her clothed intimate parts might cross the line of self-defense.

Why You Need the Best Sex Crimes Lawyers

Domestic Violence charges can complicate any other sex crimes charges against you in Denver and El Paso County. You should always consult a lawyer if you have questions about any sex crimes charges you're facing. Many situations don't warrant the DV label.  Don't risk being overcharged or facing lengthier sentences because of a Domestic Violence label. Call our defense attorneys today.

Request a Free Consultation

If you or a loved one has been charged with a Domestic Violence sex crime in Denver, Aurora or Littleton, Colorado, be smart, exercise your right to remain silent, and contact the best sex crimes attorneys at the O'Malley Law Office at 303-830-0880. Together, we can protect your future.

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About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.


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