- Former prosecutor & honors graduate of NYU Law
- Hundreds of misdemeanor and felony DV cases handled
- Track record of dismissals and trial wins in appropriate cases
Accused of Domestic Violence? You Need an Experienced Denver Defense Lawyer
Good people make mistakes, and innocent people are often wrongly accused of crimes. Too often, though, merely being charged with domestic violence can turn someone’s life upside down—jobs are lost, or families divided, even in minor cases. Whether fighting to establish your innocence, to keep you out of jail, or to obtain a plea bargain that allows you to keep your job, Matthew Hand is committed to defending you and protecting your future.
matt@handlaw.com
303-900-8480
Domestic Violence Legal Defense: Recent Successes
Every domestic violence case is different. The results below, in Denver, Colorado and surrounding counties, were obtained by lawyer Matt Hand applying hard work and skill to situations with feasible legal or factual defenses. No lawyer can guarantee a client any particular result.
People v. John Doe (Jefferson County)
Acquitted client of harassment and domestic violence in jury trial with thorough attack on the evidence, plus constitutional motions that undercut the government's ability to argue their case.
People v. Jane Doe (Denver Municipal)
All domestic violence charges (assault and damage to property) dismissed after investigation cast doubt on alleged victim’s credibility and motivation for accusing client, and after extensive negotiations and commitment to trial.
People v. John Doe (Adams County)
All domestic violence charges (assault and harassment) dismissed after thorough investigation and motions hearings weakened the prosecution’s case and revealed critical inconsistencies in alleged victim’s story.
People v. Jane Doe (Douglas County)
All domestic violence charges (assault) dismissed after demonstrating commitment to litigate client’s valid self-defense claims at trial.
People v. John Doe (Denver Metro Counties)
After investigation and lengthy battles with the police and prosecution, four domestic violence and related VPO cases were resolved with a single deferred judgment (domestic violence) and a petty offense (non-domestic violence) conviction and no…
People v. John Doe (Denver County)
All domestic violence charges (assault) dismissed after motions hearings and thorough investigation revealed self-defense issues and manipulation by the alleged victim.
Domestic Violence Cases in Colorado
What you need to know
Domestic violence doesn’t have to be physical violence. Under Colorado law, domestic violence is a sentence enhancer applied to any crime in which a current or former intimate partner is named as the victim, if that crime involved any element of violence, control, coercion, etc.
Arrest in domestic violence incidents is mandatory in Colorado. Unlike in some other states, if the police have probable cause (a low standard) to believe a domestic violence offense occurred, by law they must arrest. It is not possible for the police to give just a warning, or to initiate a case with a summons to appear in court. Further, upon arrest, it is not possible for the arrestee to quickly post a bond. Instead, the arrestee must spend at least one night in jail and appear before a judge at the next available docket, when bond will be set and a protection order issued. Once bond is set, the arrestee may post the bond and be released from custody until the next court date. The amount and conditions of bond vary from case to case.
A mandatory protection order (MPO) will be issued in every case. The MPO prevents the defendant from possessing firearms, possessing or consuming alcohol or drugs, and contacting the alleged victim. If the defendant and alleged victim live together, the MPO will require the defendant to find another place to live, no matter whose name is on the lease or deed. Although most of these terms of the MPO can be modified or changed if the alleged victim requests (and if the judge agrees), it is not always as easy or fast as the parties want. In all cases, a provision will remain that prevents the defendant from harassing or intimidating the alleged victim. The protection order stays in force (modified or not) for the life of the case, including any sentence the defendant serves. A violation of a protection order is a serious misdemeanor offense and will also revoke your bond (leading to rearrest). NEVER VIOLATE A PROTECTION ORDER, THIS IS AN INCREDIBLY SERIOUS ISSUE.
The alleged victim can not drop charges. Although prosecutors are required to confer with the alleged victim in a domestic violence case, the final decision of what charges to pursue, and what plea offers to make, is completely up to the prosecutor. Because of Colorado law, in fact, a prosecutor may not dismiss a domestic violence case, or plead a DV case to a non-DV resolution, without very good cause (and a victim not wanting the charges pursued does not suffice). Prosecutors have less discretion with DV cases than with almost any other criminal case type.
Domestic violence sentences in Colorado require a domestic violence evaluation and treatment on probation, if probation is granted. The treatment involves weekly therapy sessions over the course of 36 weeks (sometimes longer, rarely shorter). Because of the time it takes to start and complete DV treatment, probation in DV cases is virtually never set at less than a year, and many judges and prosecutors insist on longer than a year, to ensure there is enough time to complete treatment.
There are numerous possible collateral consequences from domestic violence arrests and convictions. From getting fired from a job to losing your firearm rights, there are several things that may happen to you because of your criminal case, often without you realizing it until after you’ve resolved your case. People with domestic violence criminal cases may face serious immigration consequences, difficulty in renting apartments, difficulty traveling to other countries, career-threatening professional licensing consequences, and more. These collateral consequences can often be mitigated or avoided by a properly structured plea offer, so go slow and make sure your lawyer knows about any areas of concern.
Federal law prohibits a person with a domestic violence conviction from possessing a firearm. However, the Colorado and federal definitions of domestic violence are not the same! In some cases there are ways to structure a plea bargain that avoids losing your right to a firearm. Discuss this with a competent domestic violence defense lawyer if it is a concern.
Why People Choose Us
Defending Domestic Violence Cases in Denver and Colorado
In every criminal domestic violence case, no matter whether a client is in fact guilty or innocent of what he or she is accused, the Law Office works two processes in tandem to get the best result. On the one hand, we attack the state’s evidence, looking for holes in the case that could lead to an acquittal on any of the charged crimes. On the other hand, we develop mitigation that shows that whatever mistakes were made, they are fixable, they are not representative of the defendant’s character, and the defendant is taking responsibility for them. Both strategies are necessary in almost every case, both strategies gain us leverage, whether we are fighting for a dismissal, preparing for trial, or trying to get the most favorable plea offer possible. Some prosecutors care about character and make honest efforts to be reasonable about small mistakes people make in stressful moments. Some prosecutors, though, have such a warped view of what is reasonable that we must focus on attacking their evidence, because only their fear of losing a trial will lead them to give a better plea offer.
False accusations in domestic violence cases are common, and an experienced defense lawyer will know how to investigate and defend against false or exaggerated claims. Law enforcement and prosecutors tend to believe whoever makes the initial report and claims to be a victim. But jealousy, intoxication, custody battles, or animosity can provide the motive to lie or exaggerate. There are at least two sides to any story, and in heated domestic conflicts those stories are often very, very different. By closely examining evidence, investigating, and learning the backstory and context or your relationship, your lawyer can help show how and why the accuser lied or exaggerated about key details in your case.
A central issue in many domestic violence cases is self-defense. You have a right to use reasonable force to defend yourself from your partner or ex, but what is reasonable? That’s in the eye of the beholder—the police and then the prosecutor are the gatekeepers for this judgment, but ultimately, at trial, a jury would decide. Getting to the “truth” of reasonableness of self-defense requires careful consideration of details, history, and context, but on scene, police officers often don’t have the time or ability to do that. So they go with their gut and simply arrest, thinking that the courts will sort it all out. The result is often shoddy police reports and a frustrating, risky and expensive process of untangling the evidence and trying to convince the prosecutor, or a jury, that the police got it wrong. A skilled defense criminal defense lawyer is critical for this.
Many domestic violence cases deal with conflict that is intensified by alcohol, drugs, or mental health episodes. A shocking number of cases involve a person charged with a crime after contemplating or attempting to commit suicide. The eventual alleged victim intervenes, physical conflict ensues, and the suicidal person, in no state to control his or her actions, pushes the victim away and causes injury or pain, leading to criminal charges. Often the alleged victim has called police to get help for his or her partner, and police wind up arresting that person instead. This can take a bad situation and make it far worse, with cascading life and health consequences for the defendant. In these cases, it is critical that the defense lawyer thoroughly explore and understand not just the dynamics of the specific conflict, but the mental health history and treatment plan. There are specific legal issues regarding the defendant’s state of mind, and perception of threats in tense moments, that may provide a partial or full legal defense. At the very least, the Law Office will persevere to make sure that the client is treated as reasonably and empathetically as possible, considering all the mental health concerns involved in a case. When a defendant has committed a crime partly as a result of intoxication or mental health issues, it is critical that the lawyer and defendant work together to demonstrate that the defendant is responsibly addressing sobriety and/or mental health to reduce the likelihood of repeat offenses.
Every case is truly different. Domestic violence charges arise from sloppy or nasty text messages, from criminal mischief (damage to property), from minor pushing incidents, to more serious assaults and felony strangulation. The exact steps to defend each case differ, but the Law Office is comprehensive and thorough in its approach in every case. Many cases are defensible, but even in cases where a plea of some kind is necessary, there are numerous different ways to structure that plea to make it more favorable and reasonable to the defendant. To find out more about your case, reach out to the Law Office for a free consultation.
Call the Law Office of Matthew Hand to discuss how we can help you. (303) 900-8480.