VIOLENT CRIMES LAW ServiceS:

DOMESTIC VIOLENCE

We provide you with the guidance you need when facing domestic violence charges.

At the Law Office of Andres R. Guevara, we understand how difficult it can be to face charges of domestic violence. We are here to defend you and protect your rights in the face of a domestic violence accusation. Our Denver criminal defense attorneys represent clients facing charges for all types of domestic violence-related crimes, including: menacing, endangering the welfare of a child, stalking, harassment, and more.

Our team of expert attorneys is committed to settling domestic violence cases as effectively, quickly, and peacefully as possible, so you can get back to living your life. We know how emotionally painful it can be to deal with domestic violence charges, which is why we’ll do everything we can to bring your case to a speedy resolution and peaceful conclusion.

And if it turns out that litigation is indeed necessary, the attorneys at the Law Office of Andres R. Guevara have the extensive experience and competitive edge to obtain the best possible result for your domestic violence case.

Domestic Violence Crimes in Colorado

In Colorado, domestic violence laws are gender neutral and apply equally to both male and female alleged perpetrators. Moreover, domestic violence can occur in both heterosexual and same-sex relationships, as the law does not recognize a distinction between the two in terms of partner violence.

In essence, the concept of domestic violence builds upon the traditional notion of assault. It adds an additional element: an intimate, formerly intimate, or familial relationship between the parties involved. Consequently, penalties for domestic violence perpetrators are varied and may be more punitive than those imposed for simple assault.

Colorado law [C.R.S. 18-6-800.3(1)] defines domestic violence as an “act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.”

The law does not limit its definition of domestic violence to acts committed against a person. The law includes crimes against property or animals if the accuser commits the crime as a “method of coercion, control, punishment, intimidation, or revenge” against a current or former intimate partner.

Crimes associated with Domestic Violence

Accordingly, the types of crimes often associated with a domestic violence charge include any of the following:

• Destruction of property, theft, or arson

• Animal cruelty

• Child abuse and neglect

• Stalking and menacing

• Assault

• Rape

• Homicide

One of the most important inquiries in any domestic violence case involves the “intimate partner” question—namely, how does the law determine whether the parties are (or were) intimate partners?

Under C.R.S. 18-6-800.3(2), an intimate partnership is “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.”

Timeline of a Domestic Violence Case

1. Because Colorado is a “mandatory arrest” state, a law enforcement officer must arrest an alleged perpetrator so long as probable cause exists to detain that individual. In essence, once the accuser summons the police, there is a strong likelihood officers will haul the alleged perpetrator off to jail.

2. Of course, once under arrest, there is no requirement to speak to police or offer any information other than a name and address.Also, when facing an arrest and possible charge for domestic violence, the alleged perpetrator has the right to counsel under the Sixth Amendment to the U.S. Constitution. Be sure to take advantage of this; do not speak to law enforcement officers without an attorney present.

3. Once the mandatory arrest occurs, the law also requires the entry of a mandatory restraining order between the parties. While the terms of restraining orders may vary, the order forbids the alleged perpetrator from contacting or coming within a certain distance of the alleged victim. For co-parents, this can place an extreme burden on the alleged perpetrator, as it may interfere with access to the child.

4. From there, the prosecution will continue with the case, even if the alleged victim wants to drop the charges and forget the entire incident. Contrary to popular belief, the law requires the prosecution to continue with the charges even if the victim refuses to cooperate. Practically speaking, however, it will be increasingly difficult for the prosecution to succeed without the testimony and collaboration of the accuser.
   
   Note: Even if your accuser attempts to contact you, do not respond to any contact attempts, as this is a violation and may result in harsher penalties. Do not respond even if your accuser intends to drop the charges; as stated above, your charges will still stand even if your accuser attempts to drop the charges.
   
   

MENACING

Didn't mean to come off as menacing? Our Colorado criminal defense lawyers are here to help.

In the heat of the moment, when emotions are flaring, arguments can escalate out of control. Whether intentional or not, words and actions can often be misinterpreted as threats.

These tense situations often result in misdemeanor menacing charges, even if no one is injured.

In Colorado, since many citizens legally carry firearms or small knives for personal protection, you could be charged with felony menacing if someone believes you used a weapon in a threatening manner, say, for example, by waving a knife or gun in your car.

What is Menacing in Colorado?

C.R.S. 18-3-206 states:

A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury. Menacing is a class 3 misdemeanor, but it is a class 5 felony if committed:

• By the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon.

• By the person representing verbally or otherwise that he or she is armed with a deadly weapon.

Intent matters

To be convicted of misdemeanor or felony menacing, the district attorney must prove that you intended to put someone in fear of imminent serious bodily injury.

That means your intent matters.

Colorado case law clearly states, “Actual subjective fear on the part of the victim is not a necessary element,” because “it is only necessary that the defendant be aware that his conduct is practically certain to cause fear.”

Therefore, even if you were just trying to scare a friend and had no intention of causing harm, you risk being charged with menacing. This broad statute also means that behaviors such as pointing an unloaded gun, a broken beer bottle, or even pretending to have a weapon could be considered a felony.

Remember, people can arrested for things they didn’t do–sometimes all that matters is whether someone else thought a threat was being made.

HARRASSMENT

Our Denver law firm will protect you from harassment charges

Harassment, also known in Colorado as Kiana Arellano’s law, is a common charge because its broad definition can be applied to various conduct. Almost a catch-all charge, it’s easy to accuse someone of harassment, and it’s easy for the government to prove.

Yell at me and it could be harassment; touch or push me– harassment.

Regardless of its simplicity, a harassment conviction can trigger significant consequences that jeopardize your freedom. Certain convictions may limit your ability to own firearms, require that you complete domestic violence counseling, prevent you from communicating with friends or family, or hurt your chances of landing a new job.

At Denver’s Law Office of Andres R. Guevara, our attorneys routinely represent clients charged with harassment in Adams, Arapahoe, Boulder, Denver, Douglas, Jefferson, and Weld County. Armed with years of trial experience and respect from District Attorneys, our criminal defense lawyers work diligently to protect your rights and defend your freedom when facing a harassment charge.

Let our attorneys be your voice and your advocate if you’re accused of committing harassment here in Colorado.

Elements of Harassment Charges

A person commits harassment if, with intent to harass, annoy, or alarm another person, he or she:

• Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact
  In a public place, directs obscene language or makes an obscene gesture to or at another person

• Follows a person in or about a public place
  Directly or indirectly initiates communication with a person or directs language toward another person, anonymously or otherwise, by telephone, telephone network, data network, text message, instant message, computer, computer network, computer system, or other interactive electronic medium in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone, computer, computer network, computer system, or other interactive electronic medium that is obscene

• Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation

• Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another’s home, private residence, or other private property

• Repeatedly insults, taunts, challenges, or makes communications in offensively coarse language to another in a manner likely to provoke a violent or disorderly response.

Penalties of Harassment in Colorado

Harassment is a class 3 misdemeanor punishable by jail or fine, but is a class 1 misdemeanor if it is committed because of someone’s actual or perceived race, color, religion, ancestry, or national origin. Additionally, once you are charged with harassment and served a protection order, you may be forced to move out of your home, abstain from consuming drugs and alcohol, and forfeit any legal firearms.

There could also be unforeseen consequences if you have a harassment charge on your record; employers routinely conduct background checks on all job applicants, and a harassment charge may be the difference between getting the job or not.

Let a lawyer be your voice

Talking to the police in an attempt to explain your way out of a bad situation is one of the biggest mistakes a person can make, especially when dealing with a harassment charge.

We cannot stress enough the importance of exercising your right to remain silent when interacting with the police. Once you make a statement to law enforcement, you may have unknowingly talked yourself into more trouble by making a case for the police.

Police are not counselors, and rarely will you help yourself by telling them your side of the story. In a “he said, she said” situation, it is best to remain silent and allow a knowledgeable attorney to speak on your behalf.