We have defended clients whose girlfriends have accused them of rape following a break-up. As if this isn't enough of a slap in the face, Domestic Violence (DV) sentence-enhancers are often added to the roster of offenses. Let's discuss how false rape accusations and Domestic Violence go together, and why it's important to understand how it changes your sentence in Adams, Jefferson, and Douglas County.

What is Domestic Violence in Colorado Cases?

When you hear the term “Domestic Violence,” many people think of a man repeatedly abusing his spouse or girlfriend. But, there are two things that are incorrect about this assumption:

1. DV is a Sentence Enhancer: DV isn't a crime in and of itself. You can't simply be charged with Domestic Violence. Instead, it is a label which is added to any crime committed between two people who are in, or have been in, an intimate relationship.
2. DV Doesn't Equal Violence: Believe it or not, in most cases where DV is attached, no actual violence occurred. It can be charged along with Harassment, or even Trespassing. Non-violent offenses still result in a DV conviction.

How Does Domestic Violence Affect My Sentence?

If you are convicted of a Domestic Violence offense, you will face a harsher sentence than you would without the label. These consequences include:

• Bigger Fines
• Longer Jail or Prison Sentences
• Mandatory Treatment
• Probation with stricter monitoring, including possible GPS

One of the biggest downsides to a DV conviction is the required treatment. This treatment is overseen by the Colorado Domestic Violence Offender Management Board (DVOMB). A person who physically abuses their spouse will receive the same treatment as a person who called their girlfriend too many times and was convicted of Harassment. A Domestic Violence conviction will have other negative affects on your life, such as the inability to own or possess a firearm.

Why You Need a Lawyer for False Rape Accusations and Domestic Violence Charges

If you are facing any crime with a DV label attached, such as Sexual Assault or Unlawful Sexual Contact, don't hesitate to contact an unbeatable criminal defense attorney immediately. Here at the O'Malley Law Office, we fight hard for the rights of our clients. We seek evidence to prove their innocence, and can often get cases dismissed, or work out favorable plea agreements. Don't stand alone in front of a judge or jury and try to make a case for yourself. Instead, work with a skilled lawyer by your side who has a strong grasp of criminal law and fights to win.

If you or a loved one is facing false rape accusations and Domestic Violence has been added as an enhancer, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office for a free consultation at 303-830-0880.
Together, we can protect your future.