While a lot of attention is given to females as victims of domestic violence, women are sometimes the perpetrators of domestic violence. According to research, among violent relationships, nearly half were characterized as reciprocally violent. In relationships not considered reciprocally violent, women were reported to be the perpetrators in approximately 70% of cases.
If you are a woman who is facing domestic violence charges, you need the assistance of an experienced Lakewood domestic violence lawyer. Contact The Law Offices of Elaine E. Lukic for more information about how we can help defend you against these charges.
Why Choose The Law Offices of Elaine E. Lukic for Your Defense?
Domestic violence is a serious criminal charge in Colorado. You are facing significant penalties and need a legal advocate on your side that you can trust. Our criminal defense firm was founded by Elaine E. Lukic, a former sex crime and domestic violence prosecutor with over 25 years of experience in criminal law. She is nationally recognized for her work in domestic violence cases and has the highest acquittal/dismissal rate in Colorado, according to the Equal Justice Foundation.
Because Ms. Lukic previously worked as a domestic violence prosecutor, she understands how the other side operates, as well as how to defeat them. She can anticipate the other side’s arguments and exploit weaknesses in the prosecution’s case.
Elaine E. Lukic focuses her practice on domestic violence and sexual assault cases. She regularly works with women and can offer compassionate and dedicated legal support through every stage of the case.
Unlike many other criminal defense attorneys, our law office offers a free consultation to prospective clients, so you can get a better idea about how we can help and what is at stake before you make a commitment to hire us. Call us today to learn more.
What Is Domestic Violence?
Domestic violence is an act or threat of violence between people in certain types of intimate relationships, including dating relationships, parental relationships, or domestic relationships. Domestic violence includes physical acts of violence, such as hitting, slapping, or choking. It also includes making verbal threats of physical violence, as well as non-verbal threats, such as raising a hand during a heated argument.
Domestic violence is a sentencing enhancement in Colorado, rather than a separate criminal offense. As such, the judge assigned to the case can increase your criminal penalty beyond the normal range for a crime if they find that you committed domestic violence in conjunction with another crime, such as:
- Assault (CRS 18-3-202 – 204)
- Child abuse (CRS 18-6-401)
- Elder abuse (CRS 18-6.5-103)
- False imprisonment (CRS 18-3-303)
- Harassment (CRS 18-9-111)
- Menacing (CRS 18-3-206)
- Sexual contact (CRS 18-3-404)
- Stalking (Vonnie’s Law) (CRS 18-3-602)
These are not the only crimes that can result in a domestic violence sentencing enhancer. Any criminal charge or municipal ordinance violation can potentially include this enhancement.
The means that someone “charged” with domestic violence is really being charged with another crime and having additional penalties related to domestic violence added to the consequences they already face.
Domestic violence enhancements can arise when there is conflict between people in an intimate relationship, which includes:
- Spouses
- Ex spouses
- Same sex partners
- Boyfriends or girlfriends
- Co-parents
- Parents and children
- Roommates
What Are the Penalties for Domestic Violence for Women in Colorado?
The potential penalties for domestic violence vary widely because they are tied to the underlying crime you are charged with and serve as an enhancement. You could face jail time, in addition to any jail time you may have already been sentenced to due to the underlying criminal charge. If you have been convicted of multiple domestic violence offenses, you can face up to three years in prison and a fine of up to $100,000.
It is common in domestic violence cases for judges to order the defendant to mandatory domestic violence counseling or treatment. A protective order could also be put in place that prevents you from seeing the accuser or your children.
Being convicted of a crime with a domestic violence sentence enhancement can also result in various collateral penalties, including:
- Being labeled as a habitual offender, which could subject you to additional incarceration time and harsh penalties
- Having your child custody or visitation rights revoked, terminated, or restricted
- Removal from the United States if you are not a citizen
- Loss of firearm rights
- A criminal record that could interfere with your ability to find a job or obtain housing
- Difficulty obtaining house arrest, probation, or other lesser penalties
What Are Possible Defenses to a Domestic Violence Charge Against Women?
An experienced criminal defense attorney can carefully evaluate your case to determine the potential defenses that you could raise, such as:
- Self-defense
- False allegations
- Self-defense
- Defense of others
- Lack of intent
- Missing elements of the underlying offense
- Insufficient evidence
- Lack of cooperation from the alleged victim
Sometimes, a criminal defense lawyer will work to secure an early dismissal or to have you participate in a pretrial diversion program to minimize the negative consequences you face.
Our award-winning domestic violence attorney can create a custom-tailored defense for your case.
What Is the Statute of Limitations for Domestic Violence in Colorado?
Statutes of limitations are timelines by which certain legal action must be taken. Because domestic violence is an enhancement in Colorado, there is no regular timeline by which the prosecutor must file charges. The deadline for the prosecutor must adhere to depends on the underlying crime. Misdemeanor-related charges must generally be brought within 18 months, while felony charges must usually be brought within three years of the alleged incident. Cases involving sexual assault can be filed within 20 years of the alleged offense. The statute of limitations for a civil case involving domestic violence is six years from the incident date.
Call Our Lakewood Female Domestic Violence Attorneys Today
If you are facing charges that could include a domestic violence enhancer, you need to take immediate action to protect your legal rights and begin mounting a solid defense. Contact The Law Offices of Elaine E. Lukic today to take advantage of your free, no-obligation case review.