How do You Defend a Domestic Violence Charge in Colorado?

On October 26, 2020

You Need A Fierce Ally and Skilled Advocate To Defend A Domestic Violence Charge

If you need to defend a domestic violence charge in Colorado Springs, you need someone in your corner who understands how to challenge prosecutors at every turn. That is because El Paso County prosecutors will use every tool at their disposal to obtain your conviction.

Domestic violence is a serious offense, with harsh consequences that start from the minute Colorado Springs police show up at the scene of the alleged incident. If officers believe you committed an act of domestic violence, you will end up in the back of a squad car. Even if the claims against you are false, even if the purported victim wants to “drop the charges,” a judge’s order will significantly curtail your rights. You also face the prospect of substantial time behind bars and a stain on your reputation that will linger for years.

However, with an experienced and aggressive domestic violence defense attorney on your side, you can successfully defend a domestic violence charge or have the charges reduced.

What Makes It Difficult To Defend A Colorado Domestic Violence Charge?

Colorado law requires police to take swift and specific action when responding to a claimed domestic violence incident. Specifically, if a responding officer determines that there is probable cause to believe you engaged in an act of domestic violence, the officers will arrest you on the spot and charge you. The “probable cause” to support your arrest can be nothing more than a credible allegation, even in the absence of physical or other evidence that you did anything improper.

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Once Colorado Springs prosecutors charge you with domestic violence, you’ll learn that Colorado has a “no-drop” policy in such cases. What no-drop means is that even if your spouse, significant other, or other alleged victim asks prosecutors repeatedly to drop the charges, they won’t necessarily do so. Simply put, prosecutors will not care that the two of you have since reconciled.

Nevertheless, your lawyer can successfully defend a domestic violence charge by challenging the veracity of the testimony or strength of the evidence prosecutors intend to use against you, casting doubt on the allegations, and producing evidence in your favor. Here are just three ways your Colorado Springs criminal defense lawyer can defend a domestic violence charge against you:

Lack of Evidence

While an allegation alone may be sufficient for police to arrest and charge you with domestic violence, prosecutors will need more than just the victim’s word to prove that you are guilty beyond a reasonable doubt.

Your defense attorney can raise the lack of any other evidence as part of their efforts to show that prosecutors do not have enough proof for a conviction. For example, your lawyer may emphasize:

  • Lack of any physical evidence that reflects an altercation.
  • No witnesses, other than the alleged victim, can credibly testify about what happened.
  • Absence of any emails, voicemails, texts, video, or other evidence of threats or physical acts.
  • No prior acts, threats, arrests, or convictions that would suggest you would commit an act of domestic violence.

Show That YOU Were The Victim

In some Colorado Springs domestic violence incidents, the person accused of domestic violence is actually the victim. In such cases, any injuries that the accuser may have could be “defensive” ones. That is, the person attacked fought back to defend themselves, leaving scratch marks, bruises, cuts, and other wounds on the accuser.

If escaping injury is a factor in your situation, you need to prove that you were acting in self-defense. Document any defensive injuries by taking pictures immediately after the incident. Such exculpatory evidence can go a long way in casting doubt on the allegations against you.

Uncooperative Victim

While an alleged domestic violence victim has no power to “drop the charges,” they are also under no obligation to assist prosecutors with their case. Prosecutors in Colorado Springs can move forward even if the victim refuses to testify. But if he or she changes their story about what occurred, recants their allegation, or is unable to credibly remember what happened, it can be a crippling blow to the prosecution’s ability to prove their case. That said, you should NEVER attempt to threaten, coerce, or intimidate a witness or purported victim.  Doing so can seriously compromise your lawyer’s ability to defend a domestic violence charge.

If You Need To Defend A Domestic Violence Charge In Colorado Springs, Call The Criminal Defense Attorneys at Perkins Law Today For A Free Consultation

You needn’t and shouldn’t face domestic violence charges alone. The expert criminal defense attorneys at Perkins Law in Colorado Springs can develop and implement the defense strategy most likely to obtain a positive result, including asserting defenses that can get your charges reduced or dismissed.

Please contact Perkins Law today for your free initial consultation to discuss your case.


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