When Is Domestic Violence a Felony in Colorado?

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Understanding Colorado’s Domestic Violence Designation

Colorado law treats domestic violence as an enhancement or designation that can be applied to various underlying criminal offenses. Under Colorado Revised Statute 18-6-800.3, domestic violence occurs when someone commits or threatens to commit certain crimes against an intimate partner, family member, or household member. The key relationships covered include current or former spouses, unmarried couples who live or have lived together, individuals who have a child together, and family members related by blood or marriage.

The domestic violence designation can be applied to numerous underlying offenses, including assault, harassment, criminal mischief, violation of restraining orders, sexual assault, kidnapping, and stalking. This means that what might typically be charged as a simple assault can become “assault with domestic violence designation” if it occurs between qualifying parties. The designation carries additional consequences beyond the underlying criminal charge, including mandatory protection orders and domestic violence treatment programs.

The domestic violence designation functions as an enhancement that can be applied to various underlying criminal offenses when they occur between qualifying parties. Similar to other criminal enhancements, the underlying offense determines the base penalties, while the designation adds specific consequences and legal requirements. Many jurisdictions have specialized domestic violence units and policies that discourage plea negotiations or case dismissals. If you’re charged in Denver, consult a Denver domestic violence lawyer promptly to protect your rights.

Factors That Escalate Domestic Violence to Felony Level

Several aggravating factors can transform domestic violence cases from misdemeanors to felonies in Colorado. The key factors that prosecutors consider include:

• Severity of injury: When domestic violence involves serious bodily injury—defined as injury that creates substantial risk of death, permanent disfigurement, or impairment of bodily functions—charges typically advance to felony level.
• Strangulation: Colorado law treats strangulation as a Class 4 felony, even on first offense, due to the potentially lethal nature of this conduct.
• Use of weapons: The presence of weapons during domestic violence incidents greatly increases the likelihood of felony charges.
• Prior criminal history: Previous domestic violence convictions, particularly those involving the same victim, often result in enhanced charges under Colorado’s habitual domestic violence offender statute.
• Presence of children: Committing domestic violence in the presence of minors can be considered an aggravating factor in sentencing but does not automatically elevate the charge to a felony.
• Victim vulnerability: Cases involving pregnant women or particularly vulnerable victims may face enhanced penalties at sentencing, depending on judicial discretion.
• Violation of protection orders: Existing restraining orders that are violated during domestic violence incidents typically result in felony charges.

These aggravating circumstances work together to paint a picture of the offense’s severity. Prosecutors evaluate the totality of circumstances when determining appropriate charge levels, and multiple factors often combine to justify felony prosecution. If you are accused, do not contact the alleged victim and follow all court orders—failure to comply creates additional legal jeopardy.

Common Felony Domestic Violence Charges in Colorado

Colorado prosecutors file various types of felony domestic violence charges depending on the specific conduct and circumstances involved. The most frequently encountered felony charges include:

• Third-degree assault (Class 4 felony): Becomes a felony when involving domestic violence designation and prior domestic violence conviction.
• Second-degree assault (Class 4 felony): Involves serious bodily injury or use of deadly weapons, can be enhanced to Class 3 with aggravating circumstances.
• First-degree assault (Class 3 felony): Involves serious bodily injury with a deadly weapon, carrying the most severe penalties.
• Strangulation (Class 4 felony): Automatic felony designation due to the potentially lethal nature of this conduct.
• Sexual assault: When occurring in domestic relationships, typically charged as Class 4 felony or higher.
• Violation of protection orders with force: Advances to felony level when involving violence or credible threats.
• Kidnapping or false imprisonment: Felony charges when involving domestic partners or family members.
• Child abuse cases: Enhanced penalties due to vulnerable victim designation, often resulting in Class 2 or Class 3 felony charges.

Each type of charge carries different penalty ranges and consequences. The specific classification depends on the severity of conduct, injury caused, and presence of aggravating factors that can enhance charges within or between felony classes.

Consequences: Misdemeanor vs. Felony Domestic Violence

The distinction between misdemeanor and felony domestic violence charges carries vastly different consequences in Colorado. Misdemeanor domestic violence typically involves potential jail sentences ranging from several days to 364 days, fines up to $1,000, and mandatory domestic violence treatment programs. While serious, misdemeanor convictions generally don’t result in loss of fundamental rights.

Felony domestic violence convictions carry much more severe consequences. Class 4 felony domestic violence charges can result in prison sentences ranging from 2 to 6 years, with potential for enhanced sentences based on aggravating factors or criminal history. Class 3 felonies carry 4 to 12 years in prison, while Class 2 felonies can result in 8 to 24 years imprisonment.

Beyond incarceration, felony convictions result in loss of voting rights, loss of gun ownership rights, and can severely impact employment opportunities, professional licensing, and housing options. The collateral consequences of felony domestic violence convictions often extend far beyond the criminal sentence itself, affecting virtually every aspect of your life for years after completion of your sentence.

Professional licenses are particularly vulnerable to felony domestic violence convictions. Healthcare professionals, lawyers, teachers, and others in licensed professions may face disciplinary action, suspension, or permanent loss of their ability to practice. Even misdemeanor domestic violence convictions can trigger professional license reviews, but felony convictions almost always result in substantial professional consequences.

Mandatory Requirements for Domestic Violence Cases

All domestic violence cases in Colorado, whether misdemeanor or felony, trigger certain mandatory requirements that distinguish them from other criminal charges. These requirements include:

• Mandatory protection orders: Courts must issue protection orders in all domestic violence cases, typically prohibiting contact between you and the alleged victim, requiring you to vacate shared residences, and restricting access to firearms.
• Domestic violence treatment programs: All convictions carrying the domestic violence designation require completion of 36-week treatment programs focusing on accountability, behavior modification, and education about healthy relationships.
• Enhanced bond conditions: Courts have authority to impose stricter conditions including GPS monitoring, no-contact orders, and surrender of firearms.
• Federal firearm restrictions: Even misdemeanor domestic violence convictions result in permanent federal firearm prohibitions under the Lautenberg Amendment, affecting employment in law enforcement, security, or military service.

These mandatory requirements apply regardless of charge level, though felony cases often involve more restrictive conditions and higher bond amounts. Failure to comply with treatment requirements or protection order violations can result in additional criminal charges, creating ongoing legal jeopardy even after initial case resolution.

How the Domestic Violence Designation Affects Your Case

The domestic violence designation substantially impacts how cases proceed through Colorado’s criminal justice system. Many jurisdictions have specialized domestic violence units and policies that discourage plea negotiations or case dismissals.

The designation affects bail and bond conditions, with courts typically imposing stricter requirements and higher bond amounts for domestic violence cases. Pretrial detention is more common, and you often face longer periods of incarceration while awaiting trial resolution. The mandatory protection orders can force you from your home and limit contact with family members, creating immediate life disruptions.

Additionally, the domestic violence designation can impact immigration status for non-citizens, as these convictions often qualify as deportable offenses under federal immigration law. Professional licenses may be at risk, and certain employment opportunities become unavailable. Even misdemeanor domestic violence convictions can have lasting consequences that extend well beyond the immediate criminal penalties.

The designation also affects how judges view your case during sentencing. Colorado courts take domestic violence seriously, and judges often impose more severe sentences within statutory ranges for cases carrying the designation. This means you’re more likely to receive jail time for misdemeanor charges and longer prison sentences for felony charges compared to similar cases without the domestic violence designation.

Understanding whether you’re facing misdemeanor or felony domestic violence charges is vital for making informed decisions about your defense strategy. The stakes are considerably higher with felony charges, making it important to work with a domestic violence attorney who understands Colorado’s complex domestic violence laws and can help protect your rights throughout the legal process.

Key Takeaways and Action Items

• Domestic violence is a designation—not a separate crime; the underlying offense determines whether charges are a misdemeanor or felony.
• Strangulation, serious bodily injury, weapons, prior convictions, and violations of protection orders are the most common drivers of felony exposure.
• Mandatory protection orders and 36-week treatment programs apply to all domestic-violence-designated convictions.
• Consequences of a felony conviction extend beyond prison: loss of gun rights, professional licenses, and serious immigration and employment impacts.
• Immediate action items: contact an experienced criminal defense attorney, comply with all court orders, do not contact the alleged victim, and document injuries and witnesses if safe to do so.

If you’re facing domestic violence allegations in Colorado, seek a Denver domestic violence attorney immediately—the difference between a misdemeanor and a felony conviction can be life-altering.

Do You Need Legal Help with Your Colorado Criminal Charges?

If you or someone you love is facing criminal charges in Colorado, don’t wait — contact the Colorado criminal defense lawyers at Prager Law today. Criminal charges are terrifying, and you deserve more than a cookie-cutter defense. At Prager Law, we provide personalized legal representation backed by real trial experience and insider knowledge of how prosecutors think.

Founding attorney Steve Prager is a former supervisor in the El Paso County District Attorney’s Office. He’s handled more than forty jury trials and trained new prosecutors — giving him rare insight into how cases are built and, more importantly, where they fall apart. That experience can be the difference between a conviction and a second chance.

Call 303-483-4452 or contact us online to discuss your case. We’ll review your situation, explain your legal options, and start building a strategic defense — one built just for you.