If you’ve been falsely accused of domestic violence, you’re likely scared for your future. However, false accusations don’t have to result in a conviction. You can lodge a defense – especially when you have a skilled criminal defense lawyer and former prosecutor on your side. Elaine E. Lukic can discuss your case during a confidential consultation.
Charges Vs. Conviction
It’s essential to understand that just because you are charged with domestic violence does not mean you will be convicted of this offense. Criminal charges arise when prosecutors formally file them against you, but your guilt or innocence has not yet been determined. A conviction occurs when a judge or jury renders a verdict finding you guilty.
If you have been charged with domestic violence or merely accused of it, you still have an opportunity to raise a defense. However, if you’ve been convicted of this offense, you may have the right to appeal, but grounds for appeal are more limited and focused on mistakes that occurred during the trial.
An experienced lawyer can review the charges against you and any other records of your criminal case to inform you where you’re at with it and how they can help.
Possible Penalties for Domestic Violence
Colorado laws harshly punish individuals convicted of domestic violence. Jail time is a possibility. The potential penalty depends primarily on how the offense is charged, as follows:
- Third degree assault – Misdemeanor, with up to 18 months in jail and/or up to $5,000 in fines.
- Second-degree assault – Class 4 felony, punishable by two to six years in prison and fines up to $500,000
- First degree assault – Class 3 felony, punishable by four to twelve years in prison and fines up to $750,000
- Habitual domestic violence offender – If a defendant is convicted three times of certain domestic violence offenses, they can face enhanced penalties and longer sentences if they are deemed a habitual domestic violence offender.
It’s important to note that Colorado has a mandatory arrest law designed to protect alleged victims. Under this law, the accused is immediately arrested upon suspicion of domestic violence. The alleged victim can also petition for a protective order. If the defendant violates the terms of the order, they can face up to 120 days in jail and/or a fine of up to $750, in addition to any other penalties for the underlying offense(s).
How to Fight Against False Charges
When you’re facing such stiff consequences, you need a targeted legal defense. As a former prosecutor, Elaine E. Lukic knows how the other side builds cases – and their weaknesses. She can investigate your case to determine possible defenses, such as finding that the alleged victim is pursuing this legal action for a nefarious purpose – like revenge or gaining an upper hand in a family law case. She can gather evidence that calls into question the credibility of the victim, witnesses, or evidence.
Contact Us for a Confidential Consultation to Discuss Your Case
If you are facing domestic violence charges, we can help. The Law Offices of Elaine E. Lukic provides dedicated legal defense services to the accused. Call us at (888) 565-2217 or fill out our contact form to schedule a confidential case review.