Domestic violence allegations can lead to criminal penalties, the issuance of constrictive protective orders, restrictions on your parenting rights, and a criminal record that can derail your future ambitions. If you are facing criminal charges stemming from a domestic situation, you need a skilled legal advocate who can aggressively protect your rights. You need the Lakewood domestic violence attorneys at The Law Offices of Elaine E. Lukic.
Why Choose Us at The Law Offices of Elaine E. Lukic
The choice you make in your criminal defense lawyer is a crucial one. What sets us apart is:
- Our experience: Attorney Elaine E. Lukic has over 25 years of experience. This includes time as a sex crimes and domestic violence prosecutor. This previous experience gives her unique insight into how the other side builds cases and allows her to mount a strong defense on her clients’ behalf.
- Our focus: Attorney Lukic focuses exclusively on criminal defense, primarily domestic violence and sex crimes defense.
- Our results: Time and time again, our criminal defense firm has established ourselves as a formidable opponent. We have won cases that other attorneys would refuse to take on or thought that they would lose.
- Personal attention: We are available 24/7 for our clients. Our clients share that they felt like they were the only client we had because of the personal attention we dedicated to their case. Attorney Lukic is so available to her clients that she gives them her personal cellphone number and that of her investigator.
- Approach: We strive to get to the bottom of the case, to uncover why someone would make false allegations you, and to give you a platform to share your side of the story. At every stage in the process, we treat you with respect and give you straightforward answers about your legal situation.
What Is Domestic Battery?
Colorado law does not use the term “battery” in criminal statutes. Instead, it uses the term “menacing,” which has a definition similar to that of battery in other states. Menacing means using actions or threats of injury to knowingly place or attempt to place another person in imminent fear of serious bodily injury. Meanwhile, unlawful physical contact is charged under 1st, 2nd, or 3rd degree assault.
The term “domestic violence” is defined under Colorado law as “an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.” An intimate relationship involves parties who share certain relationships, such as:
- People involved in a current or former romantic relationship
- Spouses or ex-spouses
- People who ever lived together, including roommates
- Parents and children
- Co-parents
Potential Penalties for Domestic Battery Charge in Colorado
The penalties for menacing typically depend on whether a deadly weapon was involved or threatened. Without a weapon, the crime is typically classified as a class 1 misdemeanor, punishable by up to 364 days in jail and a fine of up to $1,000. If a deadly weapon is involved, the crime is classified as a class 5 felony, punishable by one to three years in prison and up to $10,000 in fines.
In Colorado, the designation of domestic violence serves as an enhancer, rather than as a separate criminal offense for sentencing purposes. Therefore, the specific penalties they face will depend on the actual criminal offense they are charged with, whether that is assault, menacing, criminal mischief, harassment, or other crime. The domestic violence designation adds mandatory components and restrictions, which consider the victim’s safety and community protection while imposing sentences. The defendant can be subject to monitoring, rehabilitation, counseling, and other penalties.
Call a Skilled Lakewood Domestic Battery Lawyer Today
Call The Law Offices of Elaine E. Lukic us at (888) 565-2217 or fill out our contact form to get started with a confidential consultation.