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| DOMESTIC
VIOLENCE* |
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| In
General |
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“Domestic
Violence” is a label for a type of case, it is not,
by itself, a criminal charge. There must be an underlying
charge. For example, the most common charges in a Domestic
Violence case are:
- Third Degree Assault
- Harassment
- Menacing
- “Wiretapping”
- False Imprisonment
- Violation of Restraining Order
Domestic Violence can involve crimes as serious as murder;
but, the vast majority of Domestic Violence cases involve
the misdemeanors listed above. What classifies a
case as a Domestic Violence case is an intimate relationship
between the defendant and the alleged victim. It
can be either a present or former relationship. |
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| “Recanting
Victim” |
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| Even
if the alleged victim comes forward and admits that he/she
was never assaulted; he/she is labeled a “recanting
victim,” and the prosecutor will
still try to convict you. The prosecutor might call a “Domestic
Violence Expert” to take the stand and say that every alleged victim
who now says it didn’t happen is lying and that this is a typical part
of the “cycle of violence.” And, that the victim is only
changing the story now to try to protect the accused at trial. At trial,
an “expert” like this one would be attacked for credibility. For
instance, the “expert” was not present when the incident occurred;
and, therefore did not technically witness anything from that incident! |
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| Sentencing |
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| At
trial, if it is determined that this intimate relationship
exists pursuant to the statute, the Domestic Violence tag
acts as a sentence enhancer, increasing potential jail time. It
will also add treatment terms to probation such as 36 Domestic
Violence classes (mandatory). |
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| Collateral
Consequences |
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| A person
convicted of a “misdemeanor domestic violence” offense
as defined by federal law cannot possess, transport or receive
any firearm or ammunition which has been shipped or transported
in interstate or foreign commerce. A conviction for a Domestic
Violence charge can also have enormous career implications,
as many industries and professions will not employ those with a Domestic Violence
conviction. |
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Evening
And Weekend Appointments Available |
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Visa
and MasterCard Credit Cards Accepted |
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Call
970-926-6556 |
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Email
Us at taggarthowardpc@comcast.net |
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| Taggart
H. Howard vigorously defends people facing Domestic Violence
charges in the Colorado “High Country.” Taggart
H. Howard represents clients in Eagle County, Summit County,
Clear Creek County, Garfield County and Pitkin County including
the towns of Vail, Aspen, Breckenridge, Edwards, Avon, Eagle,
Georgetown, Frisco, Silverthorne and Glenwood Springs. |
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*The information found on this website should not be
construed as legal advice and is not a substitute for professional
legal consultation. You should not base your legal decisions
solely on the information found in this site and you are
encouraged to seek the counsel of an attorney regarding
your specific questions or situation. The information found
herein may represent the opinions or commentary of the
site editor(s) and is for informational or education purposes
only. You agree by using this site that no attorney/client
relationship has been formed between you and the attorneys,
editors, owners, or participants in this site unless and
until a written agreement has been signed between you and
your attorney. |
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