It is a common misconception that Domestic Violence is a separate criminal charge in Denver, Aurora, and Castle Rock. In actuality, Domestic Violence is a sentence enhancer that can be added to any underlying crime, including sex offenses, if certain provisions are met. Let's look at the DV statute and how it can be applied in sex crimes cases, like Sexual Assault or Unlawful Sexual Contact.
Domestic Violence Lawyer in Douglas and Arapahoe County
According to C.R.S. 18-6-800.3 – Domestic Violence is defined as:Domestic violence means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. “Domestic violence” also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.
In order to understand this definition, you must know what intimate relationship means:Intimate relationship means a relationship 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.
Basically, if you are accused of a crime against someone you have had a sexual or dating relationship with (both in the past or in the present), then you can be charged with the DV sentence enhancer.
Sexual Crimes and Domestic Violence: Can Sexual Assault or Unlawful Sexual Contact be a DV Crime?
More and more often, we are seeing former significant others come forward and say that they were the victim of a Sexual Assault or another sex crime while in a relationship with the accused. It may be that the person claimed they were too drunk to consent or were forced to do something they didn't really want to do. In these cases, if the DA decides to file charges, they can have the Domestic Violence sentence enhancer attached. The DV enhancer adds sentencing requirements, including a mandatory protection order, DV treatment completion and restrictions on your ability to own a firearm.
If you or a loved one has been charged with a Sex Crime as an act of Domestic Violence, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O'Malley Law Office at 303-830-0880 to schedule your free consultation. Together, we can protect your future.
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