35 min read
Criminal Defense
The question "is domestic violence a felony in Colorado?" doesn't have a simple yes or no answer, and that ambiguity matters more than you might think. Here's something most people don't realize: domestic violence isn't actually a standalone crime in Colorado. It's a sentencing enhancement that gets attached to other offenses—assault, harassment, stalking, false imprisonment—when they happen between people in intimate relationships.
Whether you're facing a misdemeanor or felony depends on the underlying crime, the severity of what happened, whether weapons were involved, your criminal history, and specific circumstances that Colorado law treats seriously. This distinction isn't just legal semantics. It's the difference between spending a few months dealing with probation versus years in state prison, between a mark on your record that might fade with time versus one that follows you for life in Colorado.
Why the Charge Level Changes Everything
The gap between misdemeanor and felony domestic violence charges affects nearly every aspect of your future in Colorado, not just your immediate legal situation.
Here's what hangs in the balance:
Prison time – Misdemeanors typically mean up to 364 days in county jail; felonies can mean multiple years in the Colorado Department of Corrections
Your criminal record – Felony convictions carry significantly more stigma and create barriers that misdemeanors don't, and Colorado DV convictions cannot be sealed except in limited municipal court cases
Gun rights – Both can affect firearms possession, but felony convictions mean a lifetime federal ban, and even misdemeanor DV convictions involving force trigger permanent loss of gun rights
Mandatory treatment – Colorado requires 36 weeks of domestic violence treatment for any DV conviction
Employment prospects – Many Colorado employers will hire someone with a misdemeanor; far fewer will consider a felony candidate
Professional licenses – Doctors, lawyers, nurses, teachers, and other licensed professionals in Colorado face different consequences based on charge level
Child custody – Colorado family courts view felony domestic violence convictions very differently than misdemeanor ones
Immigration status – For non-citizens, the distinction can mean the difference between staying in the country or facing deportation
Understanding Domestic Violence Charges in Colorado
Domestic violence isn't a single, specific crime in Colorado—this is one of the most misunderstood aspects of the law. Under Colorado Revised Statutes, domestic violence is a sentencing enhancement that gets attached to other offenses when they happen between people in certain types of relationships. The same assault charge that might be straightforward if it happened between strangers becomes "assault with a domestic violence enhancement" when it happens between intimate partners. This matters because the "domestic violence" designation triggers additional penalties, mandatory arrest policies, automatic protection orders, required treatment programs, and consequences that extend far beyond the underlying criminal case itself.
What Actually Counts as Domestic Violence in Colorado
Colorado law defines domestic violence as an act or threatened act of violence upon a person with whom you are or have been involved in an intimate relationship. The definition also includes any crime against a person or property—even harm to an animal—when used as a method of coercion, control, punishment, intimidation, or revenge directed against someone in an intimate relationship.
These acts typically include:
Physical violence – Hitting, slapping, pushing, choking, restraining someone against their will, any unwanted physical contact causing injury
Sexual assault – Any forced or coerced sexual contact between intimate partners
Threats and intimidation – Threatening physical harm to the person, their children, pets, or property (menacing)
Harassment and stalking – Repeated unwanted contact, following someone, monitoring their activities
Property destruction – Breaking or damaging belongings, particularly as intimidation or control
False imprisonment – Confining or detaining someone against their will, preventing them from leaving
Interference with emergency services – Preventing someone from calling 911 or seeking help
Who Qualifies Under "Intimate Relationship" in Colorado
Colorado law is specific about what constitutes an "intimate relationship" for domestic violence purposes. You don't have to be married or even living together for the domestic violence enhancement to apply.
Relationships that qualify under Colorado law include:
Current or former spouses
People who are dating or have dated (including same-sex relationships)
Past or present unmarried couples
People who are both parents of the same child, regardless of whether they've been married or lived together
People who currently live together or have lived together in the past
Notice what's not on this list: Colorado's definition is narrower than some states. General roommates who aren't in a romantic relationship, extended family members beyond parents and children of the same child, and casual acquaintances typically don't qualify. If your relationship doesn't fit Colorado's specific definition, you might face regular assault or harassment charges instead of domestic violence charges—which come with fewer long-term restrictions and don't trigger the mandatory arrest and protection order requirements.
How Colorado Determines Charge Levels
So when is domestic violence a felony versus a misdemeanor in Colorado? Since DV is an enhancement rather than a standalone crime, the classification depends entirely on the underlying offense. A Class 2 misdemeanor harassment charge stays a Class 2 misdemeanor—it just gets the DV enhancement added. A Class 4 felony assault stays a Class 4 felony, with the DV enhancement attached.
Common misdemeanor offenses that receive DV enhancements:
Third-degree assault (Class 1 misdemeanor) – Causing minor bodily injury with criminal negligence or recklessly causing pain
Harassment (Class 2 misdemeanor or petty offense) – Repeated unwanted contact, obscene communications, or following someone
False imprisonment (Class 2 misdemeanor) – Detaining someone for less than 12 hours without force
Criminal mischief (varies by damage amount) – Property damage under certain dollar thresholds
Violation of protection orders (Class 2 misdemeanor for first offense)
Common felony offenses that receive DV enhancements:
Second-degree assault by strangulation (Class 4 felony) – Applying pressure to restrict breathing or blood circulation, causing any bodily injury
First-degree assault (Class 3 felony) – Causing serious bodily injury with intent or with a deadly weapon
Second-degree assault with a deadly weapon (Class 4 felony) – Causing injury with a weapon
Felony menacing (Class 5 felony) – Threatening someone with a deadly weapon
Felony stalking (Class 5 felony) – Repeated following or contacting with credible threats
Child abuse (varies) – When domestic violence occurs in the presence of or involves children
Factors That Elevate Charges to Felony Level
Prosecutors and law enforcement consider multiple factors when deciding what underlying charge to file. The same incident could result in a misdemeanor or felony depending on these circumstances.
Factors that typically result in felony charges with DV enhancement:
Strangulation or suffocation – Colorado automatically charges this as second-degree assault (Class 4 felony) if any bodily injury results, even minor injury like redness or pain
Serious bodily injury – Broken bones, significant cuts requiring stitches, internal injuries, loss of consciousness, permanent impairment, or disfigurement
Use of a deadly weapon – Guns, knives, or any object used as a weapon almost always means felony charges
Prior DV convictions – A fourth domestic violence conviction automatically becomes habitual domestic violence offender status (Class 5 felony), regardless of the current offense severity
Violation of existing protection orders – Committing new domestic violence while under a restraining order often elevates charges
Assault on peace officers or emergency responders – Special provisions make these automatic felonies
Child abuse during DV incidents – When children are harmed or seriously endangered during domestic violence
Pattern and severity of conduct – Multiple acts during a single incident, extreme cruelty, or sustained attacks
The Bottom Line: Whether domestic violence in Colorado is charged as a felony depends on the underlying criminal offense and specific circumstances that prosecutors evaluate case by case. The same underlying behavior—say, pushing someone during an argument—could be third-degree assault (Class 1 misdemeanor) if it results in minor pain, or second-degree assault (Class 4 felony) if prosecutors can show strangulation occurred. Colorado law treats strangulation cases with particular severity, making it one of the most commonly charged felony domestic violence offenses in the state. This is why understanding the specific factors in your situation matters so much when evaluating what you're actually facing.
Misdemeanor Domestic Violence Charges in Colorado
Just because something is "only" a misdemeanor doesn't mean it's minor in Colorado. Misdemeanor domestic violence charges still carry real jail time, mandatory 36-week treatment programs, automatic protection orders, firearms restrictions, and consequences that ripple through your life for years. People often ask "is domestic violence a felony in Colorado?" hoping the answer is no, assuming a misdemeanor is basically a traffic ticket with some community service. That's dangerously wrong. A misdemeanor domestic violence conviction in Colorado shows up on background checks, affects your rights in ways most people don't anticipate, and cannot be sealed from your record except in limited municipal court cases.
Colorado's Misdemeanor Classification System
Colorado reorganized its misdemeanor classifications in 2022, simplifying the system to two main levels. Understanding these classifications helps you grasp what penalties you're actually facing.
Class 1 Misdemeanors (more serious):
Maximum penalty – Up to 364 days in county jail and/or fines up to $1,000
Common DV charges – Third-degree assault, unlawful sexual contact, menacing without a weapon, violation of protection orders (second or subsequent offense)
Typical outcomes – First offenders often receive probation instead of jail, but repeat offenders face actual incarceration
Class 2 Misdemeanors (less serious):
Maximum penalty – Up to 120 days in county jail and/or fines up to $750
Common DV charges – Harassment, false imprisonment (under 12 hours without force), criminal mischief (property damage under $1,000), first violation of protection order
Typical outcomes – Probation is common for first-time offenders, though jail time increases with prior history
Petty Offenses:
Maximum penalty – Up to 10 days in jail and/or fines up to $300
Common DV charges – Certain harassment cases, disorderly conduct
Note – Even petty offenses with DV enhancement trigger mandatory treatment and protection orders
Typical Penalties for Colorado Misdemeanor DV Convictions
Colorado takes domestic violence seriously at every level. Even if you avoid jail time, the requirements and restrictions fundamentally alter your daily life.
Standard penalties for misdemeanor DV convictions in Colorado include:
Jail time – Up to 364 days for Class 1 misdemeanors, up to 120 days for Class 2 misdemeanors (though many first offenses result in suspended sentences with probation)
Probation – Typically 18-24 months with regular check-ins and strict compliance requirements
Mandatory 36-week domestic violence treatment program – State-approved classes meeting weekly, conducted by certified providers under the Domestic Violence Offender Management Board (DVOMB), paid at your expense
Fines and court costs – Several hundred to several thousand dollars depending on the offense
Community service – Often 50-200 hours as part of sentencing
Mandatory protection orders – Automatic no-contact orders with the alleged victim, often lasting years
Alcohol abstinence requirement – Courts typically order complete abstinence from alcohol as a condition of bond and probation
Substance abuse evaluation and treatment – If drugs or alcohol were involved in the incident
Mandatory firearms surrender – You must turn over all guns and ammunition while under a protection order
Loss of firearm rights – If convicted of a misdemeanor involving force or threatened force, permanent federal firearm prohibition applies
Colorado's Mandatory Arrest Policy
Colorado is a mandatory arrest state for domestic violence. This means if law enforcement has probable cause to believe a domestic violence offense occurred, they must make an arrest—even if the alleged victim doesn't want to press charges, even if injuries are minor, and even if both parties want to resolve things privately. Officers cannot simply warn you or separate you for the night. Someone is getting arrested, and Colorado law requires officers to identify the "primary aggressor" to determine who that will be.
First Offense vs. Building Toward Habitual Offender Status
Colorado courts and prosecutors treat first-time offenders somewhat differently than people with prior domestic violence convictions. If this is your first charge and circumstances aren't particularly severe, you might have options like deferred sentencing that could keep a conviction off your record if you complete all requirements successfully. However, these opportunities typically require completing the full 36-week treatment program, maintaining sobriety, following all protection order requirements, and staying arrest-free during the deferral period.
Here's what many people don't realize: Colorado tracks all domestic violence convictions, and they count toward habitual offender status even if they're years apart and in different counties. Your first conviction is serious. Your second makes things harder. Your third puts you one offense away from automatic felony charges. By your fourth conviction involving domestic violence, Colorado law mandates that you be charged as a habitual domestic violence offender—a Class 5 felony—regardless of how minor the current incident might be.
Beyond the Courtroom: Collateral Consequences in Colorado
The legal penalties are just the beginning. A misdemeanor domestic violence conviction in Colorado creates practical problems that affect daily life in ways most people don't anticipate until they're already dealing with them.
Collateral consequences specific to Colorado include:
Permanent criminal record – Colorado domestic violence convictions cannot be sealed or expunged except for municipal court cases (which can be sealed three years after the case ends if eligible)
Employment barriers – Background checks reveal the conviction permanently; many Colorado employers have strict policies against hiring anyone with domestic violence on their record
Housing discrimination – Colorado landlords can legally deny rental applications based on domestic violence convictions, and existing leases may not be renewed
Professional licensing issues – Colorado's professional licensing boards for teachers, healthcare workers, lawyers, real estate agents, and others take domestic violence convictions seriously; expect investigations and potential discipline
Military service problems – Active duty service members may face discharge; those trying to enlist will likely be disqualified
Child custody and visitation restrictions – Colorado family courts weigh domestic violence convictions heavily when determining parenting time and decision-making responsibility
Immigration consequences – Non-citizens can face deportation even for misdemeanor convictions, particularly with patterns of domestic violence
Gun rights loss – Federal law permanently prohibits firearm possession for anyone convicted of misdemeanor domestic violence involving force or threatened force; this cannot be restored even if Colorado law would allow it
Loan and credit applications – Some lenders ask about criminal history and may deny applications
Volunteer restrictions – Organizations working with children, vulnerable populations, or in schools exclude people with domestic violence convictions
Social stigma – Friends, family, employers, and community members often react strongly to domestic violence charges regardless of the circumstances or your side of the story
Felony Domestic Violence Charges in Colorado
Felony domestic violence charges in Colorado represent the most serious end of the spectrum. These aren't cases where someone made a bad decision during a heated argument—or at least, that's not how Colorado prosecutors and courts see them. Felony charges typically involve significant injury, weapons, strangulation, repeated patterns of violence, or circumstances suggesting high risk of future harm. The question "is domestic violence a felony in Colorado?" becomes very real when you're facing years in the Colorado Department of Corrections rather than months of probation, and when the conviction will follow you for the rest of your life in ways that misdemeanors simply don't. Colorado law is particularly strict about certain acts—especially strangulation—that automatically trigger felony charges even without serious visible injury.
Circumstances That Automatically Trigger Felony Charges in Colorado
Colorado law specifies certain conduct that results in felony charges when paired with the domestic violence enhancement. Understanding these triggers helps you grasp the severity of what you're facing.
Circumstances that commonly result in felony DV charges in Colorado:
Strangulation or suffocation causing any bodily injury – Second-degree assault (Class 4 felony, 2-6 years DOC, up to $500,000 fine) applies when you apply pressure to restrict breathing or blood circulation, even if injury is only redness, pain, or minor marks
Serious bodily injury – First-degree assault (Class 3 felony) when causing substantial risk of death, serious permanent disfigurement, protracted loss or impairment of any body part or organ
Use of a deadly weapon causing injury – Second-degree assault (Class 4 felony) when using guns, knives, or any deadly weapon to cause bodily injury
Menacing with a deadly weapon – Class 5 felony (1-3 years DOC) when threatening someone with a weapon or simulated weapon
Felony stalking – Class 5 felony when making credible threats and repeatedly following, approaching, or contacting someone
Child abuse – Varies from Class 2 to Class 6 felony depending on injury severity and whether it occurred during domestic violence incident
Fourth or subsequent DV conviction – Habitual domestic violence offender (Class 5 felony, 1-3 years DOC with mandatory 2-year parole) applies when you have three prior domestic violence convictions, even if all previous offenses were misdemeanors
Assault on peace officers or emergency responders – Enhanced felony charges when the victim is law enforcement or emergency personnel performing official duties during a domestic violence call
Colorado's Strangulation Law: Why It Matters
Colorado specifically targets strangulation in domestic violence cases because of the high correlation between choking incidents and future homicide. Since 2016, Colorado law has made strangulation resulting in any bodily injury an automatic Class 4 felony under second-degree assault (C.R.S. § 18-3-203(1)(i)). This is now one of the most commonly charged felony domestic violence offenses in the state.
What qualifies as strangulation under Colorado law:
Applying pressure to someone's neck or throat to impede or restrict breathing
Blocking the nose or mouth to restrict circulation of blood
Manual strangulation (using hands, forearms, or kneeling on the neck)
Ligature strangulation (using cords, belts, clothing, bedding, or other items tightened around the neck)
Any bodily injury – Colorado doesn't require serious injury; even redness, pain, difficulty swallowing, or temporary discomfort qualifies
Law enforcement in Colorado is specifically trained to look for strangulation in every domestic violence call. They ask detailed questions, look for physical signs (redness, petechiae in the eyes, scratches, victim complaints of difficulty breathing), and document everything. Even if the alleged victim minimizes what happened, officers can charge strangulation based on their observations and training.
Aggravating Factors That Increase Severity
Even within felony charges, certain factors push cases toward more serious classifications with harsher mandatory sentences. Colorado courts and prosecutors consider these aggravating circumstances when determining both what to charge and what sentence to recommend.
Key aggravating factors in Colorado:
Crime of violence designation – When serious bodily injury or deadly weapons are involved, the charge becomes a "crime of violence" under C.R.S. § 18-1.3-406, triggering mandatory prison time (judges cannot grant probation)
Children present – Committing domestic violence in front of children or using children as part of the abuse increases severity and affects family court proceedings
Vulnerable victim characteristics – Elderly victims, pregnant victims, disabled victims, or those unable to defend themselves
Violation of existing protection orders – Committing new felony domestic violence while already under restraining orders
Pattern of escalating violence – Documented history of prior incidents showing increasing severity
Serious psychological harm – PTSD, severe emotional trauma documented by mental health professionals
Interference with emergency services – Preventing the victim from calling 911, destroying phones, or blocking access to help
Extreme duration or cruelty – Prolonged attacks, torture, or particularly degrading treatment
Use of multiple weapons – Using more than one weapon or particularly dangerous weapons
Colorado's Felony Classifications and Sentencing
Colorado classifies felonies from Class 1 (most serious) to Class 6 (least serious), with different presumptive sentencing ranges for each level. Domestic violence felonies most commonly fall into Classes 3, 4, and 5.
Common felony domestic violence classifications in Colorado:
Class 3 Felonies (First-degree assault):
Presumptive range – 10-32 years in Colorado Department of Corrections
Crime of violence – Mandatory sentence, no probation eligibility
Mandatory parole – 5 years following prison
Fines – Up to $750,000
Typical cases – Causing serious bodily injury with intent, using deadly weapons causing serious injury
Class 4 Felonies (Second-degree assault, including strangulation):
Presumptive range – 2-6 years DOC (extraordinary risk crime range: 2-8 years for strangulation)
Crime of violence – If involving serious bodily injury or deadly weapon: mandatory 5-16 years, no probation
Non-violent Class 4 – Probation may be possible if no serious injury or weapon
Mandatory parole – 3 years following prison
Fines – Up to $500,000
Typical cases – Strangulation causing bodily injury, assault with deadly weapon, serious but not life-threatening injuries
Class 5 Felonies (Habitual DV offender, felony menacing, stalking):
Presumptive range – 1-3 years DOC
Mandatory parole – 2 years following prison for habitual DV offender
Fines – Up to $100,000
Typical cases – Fourth DV conviction, menacing with weapon, felony stalking with threats
Class 6 Felonies (Lowest-level felonies):
Presumptive range – 1-1.5 years DOC
Mandatory parole – 1 year following prison
Fines – Up to $100,000
Typical cases – Some criminal mischief cases, lower-level felonies with DV enhancement
Long-Term Impact of Felony DV Convictions in Colorado
Felony domestic violence convictions in Colorado carry consequences that extend far beyond prison time. You're not just serving a sentence—you're permanently changing your legal status and drastically limiting your future opportunities.
Lifelong consequences of felony DV convictions in Colorado:
Permanent loss of gun rights – Federal lifetime ban on possessing firearms or ammunition with no possibility of restoration; Colorado requires immediate surrender of all guns upon arrest
Cannot seal or expunge – Felony domestic violence convictions remain on your Colorado criminal record permanently (except rare Governor's pardons)
Felon status – Loss of voting rights while incarcerated (restored after release in Colorado), inability to serve on juries, restrictions on holding public office
Mandatory protection orders – Long-term or permanent no-contact orders with victims and potentially their family members
Severe employment barriers – Most Colorado employers will not hire convicted felons, especially for violent crimes; background checks reveal the conviction forever
Housing discrimination – Landlords can legally refuse to rent to people with felony convictions; public housing may be unavailable
Professional license revocation – Nearly all Colorado professional licenses (doctors, lawyers, nurses, teachers, contractors, real estate agents) are permanently revoked following felony domestic violence convictions
Child custody loss – Colorado family courts heavily weigh felony domestic violence when determining parenting time; supervised visitation may be the only option
Immigration consequences – Felony convictions almost always result in deportation for non-citizens with extremely limited chances of relief
Federal benefits – Ineligibility for federal student loans, public housing assistance, and certain federal benefits
Social and community stigma – The label "convicted felon" for domestic violence follows you through every job application, housing search, and social interaction
Remember: Felony domestic violence convictions in Colorado create a permanent record that affects nearly every aspect of your future. Unlike misdemeanors, which might become less significant over time (though still cannot be sealed in DV cases), felony convictions mark you as someone who committed a serious violent crime. That designation follows you through job applications, housing searches, custody battles, and countless other situations for the rest of your life.
Colorado's strangulation law makes it particularly easy to face felony charges even in situations where visible injury is minimal—which is why understanding the specific circumstances of your case and getting experienced legal representation immediately is so important. This is why the distinction between misdemeanor and felony charges matters so much—it's not just about the initial sentence, it's about who you're allowed to be afterward.
Mandatory Protection Orders in Colorado Domestic Violence Cases
Protection orders in Colorado domestic violence cases aren't optional, and they're not something you can negotiate away even if the alleged victim wants to. The moment you're arrested for domestic violence in Colorado, a mandatory protection order automatically goes into effect. This happens before you've been convicted of anything, before you've had a chance to tell your side of the story, and regardless of whether the alleged victim wants the order or not.
These orders run parallel to your criminal case and create immediate, enforceable restrictions on where you can go, who you can contact, and what you can possess. Violating a protection order is its own separate criminal offense that can land you back in jail and make your underlying case significantly worse.
How Protection Orders Work With Criminal DV Charges
When law enforcement arrests you for domestic violence in Colorado, the court issues a mandatory protection order (MPO) as a condition of your bond. This order remains in place throughout the criminal case and, if you're convicted, typically gets extended for years beyond your sentence. The alleged victim doesn't request this order—it's automatic under Colorado law. The order usually requires you to have no contact with the alleged victim (no calls, texts, emails, social media contact, third-party messages, or showing up where they are), stay away from their home and workplace, abstain from alcohol completely, and immediately surrender all firearms and ammunition to law enforcement or a licensed dealer.
Consequences of Violating Protection Orders in Colorado
Violating a protection order is a separate criminal charge under C.R.S. § 18-6-803.5. A first violation is typically charged as a Class 2 misdemeanor (up to 120 days jail, $750 fine). A second or subsequent violation becomes a Class 1 misdemeanor (up to 364 days jail, $1,000 fine). But here's what makes violations particularly dangerous: if you commit new domestic violence while violating an existing protection order, that underlying offense almost certainly gets charged at a higher level. What might have been a misdemeanor becomes a felony. What might have been a Class 4 felony becomes a crime of violence with mandatory prison time.
Common ways people violate protection orders without realizing it:
Responding to contact initiated by the alleged victim – Even if they text or call you first, responding violates the order
Using third parties to communicate – Having friends or family members pass messages counts as contact
Social media interactions – Liking posts, viewing stories, or any online interaction violates the order
Going to shared locations – Showing up at places you know they'll be, even if it's a child's school event or a public place
Returning home if you live together – You cannot go back to a shared residence even to get belongings without court permission
Alcohol consumption – Even one drink violates the mandatory sobriety requirement
Duration and Modification of Colorado Protection Orders
The mandatory protection order issued at arrest stays in place until your criminal case resolves. If you're convicted, the court typically extends the protection order for additional years—often two years for misdemeanors, longer for felonies. If charges are dismissed or you're found not guilty, the protection order ends with the case. Both you and the alleged victim have the right to request modification or dismissal of the protection order, but Colorado judges are extremely reluctant to modify or drop these orders while criminal charges are pending. The alleged victim can request modifications, but the court isn't required to grant them.
Many people mistakenly believe that if the alleged victim wants the order dropped, it automatically goes away—that's not how it works in Colorado. The court maintains the order based on what it believes protects public safety, not just the alleged victim's wishes. This is part of why the question "is domestic violence a felony in Colorado?" matters so much—felony convictions typically come with much longer protection orders that can last five years or more, fundamentally altering where you can live and work for years after you've completed your sentence.
Your Rights and Legal Options in Colorado
Being charged with domestic violence in Colorado doesn't mean you're automatically guilty, and it doesn't mean you have no options. The criminal justice system is supposed to presume innocence, though it often doesn't feel that way when you're sitting in jail with a mandatory protection order in place and prosecutors moving forward regardless of what actually happened. Colorado's mandatory arrest policy and the fact that alleged victims cannot drop charges create situations where people get prosecuted for incidents that were exaggerated, misunderstood, or completely fabricated. You have legal rights and defenses available, but they require knowledgeable representation and strategic action from the very beginning.
Common situations where charges don't match reality:
You were defending yourself – Colorado law recognizes self-defense, but police often arrest both parties or misidentify the primary aggressor
The incident was accidental – What looked like intentional harm was actually an accident during an argument
Injuries are exaggerated – Minor redness or marks are being characterized as serious assault or strangulation
You were falsely accused – The alleged victim fabricated or embellished what happened for reasons ranging from custody disputes to revenge
Mutual combat occurred – Both parties were physical, but only you got arrested
Context is missing – What police saw or what the alleged victim reported leaves out critical information about what actually happened
Strangulation charges don't fit – Prosecutors charged strangulation based on allegations, but there's no evidence you restricted breathing or circulation
Self-Defense Claims in Colorado Domestic Violence Cases
Colorado law allows you to use reasonable physical force to defend yourself against unlawful force from another person. This applies even in domestic relationships. If your intimate partner attacked you first and you used force to protect yourself, you have a legitimate self-defense claim. The problem is that Colorado's mandatory arrest policy often results in police arresting the wrong person or arresting both parties.
Officers are supposed to identify the "primary aggressor" based on who initiated the violence, who caused the most serious injury, and who poses the greater threat. But these determinations happen quickly, often based on who called 911 first, who appears more upset, or which party has visible injuries. Size and gender stereotypes also play a role, with larger individuals or men more likely to be arrested even when they were defending themselves.
False Accusations and How Colorado Courts Handle Them
False domestic violence accusations happen more often than most people realize. Motivations vary: gaining advantage in divorce or custody proceedings, retaliation after a breakup, covering up their own behavior, mental health issues, or manipulation to control the relationship. Colorado prosecutors claim they take false accusations seriously, but in practice, the system is heavily weighted toward believing alleged victims. Once charges are filed, prosecutors proceed with the case even if the alleged victim recants, admits they lied, or actively asks for charges to be dropped.
Evidence that can expose false or exaggerated accusations:
Inconsistent statements – Comparing the alleged victim's initial 911 call to their written statement to their testimony shows contradictions
Text messages and communications – Messages before, during, or after the alleged incident that contradict the accusations
Witness testimony – People who saw what actually happened or can speak to the alleged victim's credibility
Medical records – When claimed injuries don't match medical documentation or when no medical treatment was sought despite claims of serious harm
Video or audio evidence – Doorbell cameras, security footage, phone recordings (where legally obtained)
History of false allegations – Prior instances where the alleged victim made similar accusations against you or others
Motive to fabricate – Pending custody disputes, divorce proceedings, new relationships, or other circumstances creating incentive to make false claims
Physical evidence contradicting the narrative – Your injuries showing you were the one attacked, lack of damage to property that was allegedly destroyed
The Alleged Victim Cannot Drop Charges in Colorado
This is one of the most frustrating aspects of Colorado's domestic violence system for both defendants and alleged victims. Once the state files criminal charges, the case belongs to the prosecutor—not the alleged victim. Even if the alleged victim immediately says it was a misunderstanding, wants charges dropped, refuses to cooperate with prosecution, or actively contradicts their initial statement, Colorado prosecutors typically move forward anyway.
The state's position is that domestic violence is a crime against society, not just against an individual, and that victims are often pressured to recant or minimize what happened. While this policy may protect genuine victims facing coercion, it also means innocent people get prosecuted even when everyone involved knows the charges are wrong. Prosecutors can subpoena the alleged victim to testify against their will, threaten them with contempt of court for refusing to cooperate, and proceed based on other evidence even without victim testimony.
Why Experienced Legal Representation Matters
Whether you're asking "is domestic violence a felony in Colorado?" because you're facing charges now or trying to understand what might happen, one thing is absolutely clear: you cannot navigate this system effectively without experienced legal representation. Colorado's domestic violence laws are complex, the stakes are enormous, and prosecutors have vast resources and experience on their side.
A skilled Colorado criminal defense attorney who regularly handles domestic violence cases knows how to challenge evidence, expose false accusations, negotiate with prosecutors, present self-defense claims effectively, and protect your rights throughout the process. They understand which defenses actually work in Colorado courts, how to get charges reduced or dismissed, when to take a case to trial versus when to negotiate a plea, and how to minimize the long-term consequences if conviction is unavoidable.
Get Help From Experienced Colorado Domestic Violence Defense Attorneys
If you're facing domestic violence charges in Colorado—whether misdemeanor or felony—the Reputation Law Group understands what you're up against. Colorado's mandatory arrest policies, automatic protection orders, and aggressive prosecution create situations where good people face serious criminal charges for incidents that were misunderstood, exaggerated, or completely fabricated. We work with clients throughout Colorado who are dealing with domestic violence accusations, and we know how to build defenses that actually work in Colorado courts.
Whether you're facing strangulation charges, habitual offender allegations, or protection order violations, we provide honest assessments and aggressive representation to protect your freedom, your rights, and your future. Contact us today to schedule a confidential consultation and discuss your specific situation with attorneys who understand both Colorado domestic violence law and the human realities of these cases.
What to Do If You're Facing Domestic Violence Charges in Colorado
The hours and days immediately following a domestic violence arrest in Colorado can determine the trajectory of your entire case. Decisions you make right now—who you talk to, what you say, whether you try to contact the alleged victim—can be used against you for months or years. Most people facing these charges have never been arrested before and don't understand how the system works. They make mistakes that seem reasonable in the moment but devastate their defense later. Whether you're wondering "is domestic violence a felony in Colorado?" or already know the specific charges you're facing, what you do right now matters more than almost anything that comes later.
Immediate steps to take after a domestic violence arrest:
Exercise your right to remain silent – Do not explain what happened to police, do not try to clarify misunderstandings, do not give your side of the story without an attorney present (anything you say will be used against you)
Request an attorney immediately – Say clearly "I want to speak with my attorney" and then stop talking
Document everything you remember – As soon as possible, write down detailed notes about what actually happened, including timeline, witnesses, and any evidence (don't share these notes with anyone except your attorney)
Identify potential witnesses – Write down names and contact information for anyone who saw what happened or has relevant information
Preserve evidence – Save text messages, emails, voicemails, photos, videos, or anything else relevant to your case (do not delete anything, even if it seems harmful)
Take photos of your injuries – If you were injured during the incident, photograph all injuries from multiple angles with timestamps
Contact an experienced Colorado domestic violence defense attorney – Do this within 24-48 hours if possible; early attorney involvement dramatically improves outcomes
Follow all protection order requirements exactly – Do not violate the mandatory protection order under any circumstances
Arrange for firearms transfer – If you own guns, work with your attorney to legally transfer them immediately as required
What Not to Do: Common Mistakes That Destroy Defenses
What you don't do is just as important as what you do. These mistakes happen constantly, and they give prosecutors ammunition they wouldn't otherwise have.
DO:
Remain completely silent with law enforcement
Follow every single protection order requirement
Keep detailed private notes for your attorney
Preserve all evidence, even if it seems bad for you
Show up to every court date on time
Comply with all bond conditions
Document any contact initiated by the alleged victim (but don't respond)
DON'T:
Talk to police without your attorney present (they're not trying to help you, even if they seem friendly)
Contact the alleged victim in any way—no texts, calls, emails, social media, third-party messages, or "accidental" encounters
Post about your case on social media or discuss it publicly
Respond even if the alleged victim contacts you first (save the evidence, tell your attorney, but don't respond)
Drink alcohol or use drugs (your bond conditions almost certainly prohibit this)
Miss court dates or ignore paperwork
Talk to the alleged victim's friends or family members
Delete texts, emails, photos, or any evidence
Try to get witnesses to lie or change their stories
Assume the alleged victim can make charges go away (they can't in Colorado)
Accept a plea deal without fully understanding long-term consequences
Represent yourself or rely on a public defender if you can possibly afford private counsel
Understanding Plea Deals vs. Going to Trial in Colorado
Most domestic violence cases in Colorado resolve through plea negotiations rather than trial. Prosecutors offer plea deals for various reasons: their case has weaknesses, witness credibility issues, resource constraints, or simply to move cases through the system efficiently. A plea deal typically involves pleading guilty to a reduced charge in exchange for specific sentencing recommendations. For example, prosecutors might offer to reduce a Class 4 felony assault by strangulation down to a Class 1 misdemeanor assault if you plead guilty. Or they might offer to dismiss some charges if you plead to others.
These deals can be attractive because they provide certainty and often avoid the harshest penalties. But they still result in convictions with all the associated consequences—criminal record, domestic violence treatment, protection orders, potential loss of gun rights, and implications for custody and employment. Your attorney's job is to evaluate the strength of the prosecution's case, identify weaknesses and potential defenses, and advise you whether a plea offer is worth accepting or whether you have better odds at trial. Some cases should absolutely go to trial—when evidence clearly supports your innocence, when prosecution's case has fatal flaws, when you were obviously acting in self-defense, or when the alleged victim's story is demonstrably false. Other cases, even if you're innocent, might warrant plea negotiations if the risk of conviction at trial is high and the plea offer significantly reduces potential penalties.
Working Effectively With Your Colorado Defense Attorney
Your relationship with your attorney can make or break your case. They need complete honesty from you—including the parts of the story that don't make you look good—to build an effective defense. Tell them everything: what actually happened, your prior relationship history with the alleged victim, any previous incidents or police calls, your criminal history if any, substances involved, witnesses who might help or hurt, and any evidence that exists. Your attorney cannot be surprised by information that comes out later. They also need you to follow their advice even when it conflicts with what you want to do emotionally. You might desperately want to contact the alleged victim to explain or apologize. Your attorney will tell you not to. Listen to them. You might want to post on social media about how you're being falsely accused.
Your attorney will tell you not to. Listen to them. They understand how prosecutors think, what judges care about, and what actually works in Colorado domestic violence cases. Ask questions when you don't understand something. Make sure you're clear on what plea offers actually mean long-term, what your chances are at trial, what strategy your attorney plans to use, and what each decision point means for your future. Your attorney should explain whether your charges are misdemeanors or felonies, what the potential sentences are, what defenses apply to your situation, and realistically what outcomes you can expect. Good attorneys tell you hard truths when necessary—they don't just tell you what you want to hear.
Is Domestic Violence a Felony in Colorado? Understanding the Stakes and Your Next Steps
The answer to "is domestic violence a felony in Colorado?" depends entirely on the underlying criminal offense and the specific circumstances of your case. But here's what doesn't depend on circumstances: domestic violence charges in Colorado—whether misdemeanor or felony—carry consequences that extend far beyond whatever sentence a judge hands down. These cases affect your ability to see your children, own firearms, find housing, maintain employment, keep professional licenses, and in many ways determine what kind of future you're allowed to build. Colorado's approach to domestic violence is particularly unforgiving.
Mandatory arrest policies mean police must arrest someone even when both parties want to resolve things privately. Automatic protection orders separate you from your home and family before you've been convicted of anything. The alleged victim cannot drop charges even when they want to. Convictions cannot be sealed from your record except in rare municipal court cases. And specific acts like strangulation automatically trigger felony charges even when visible injury is minimal.
What's at stake in Colorado domestic violence cases:
Your freedom—jail or prison time ranging from days to decades depending on charges
Your criminal record—permanent convictions that cannot be sealed in most cases
Your gun rights—often permanently lost even for misdemeanor convictions
Your family—custody and visitation restrictions that can last years
Your home—mandatory separation through protection orders, housing discrimination afterward
Your career—employment barriers and professional license consequences
Your immigration status—potential deportation for non-citizens
Your future opportunities—the domestic violence label follows you through every background check
Why Early Legal Intervention Changes Everything
The biggest mistake people make in Colorado domestic violence cases is waiting too long to get serious legal help. By the time many defendants realize they need an experienced attorney, critical evidence has been lost, witnesses have disappeared, memories have faded, and prosecutors have already built their case. Early intervention means your attorney can immediately preserve evidence, interview witnesses while events are fresh, identify defenses that might not be obvious later, and begin negotiations with prosecutors before they've invested significant resources in pursuing maximum penalties.
Early representation also prevents you from making the devastating mistakes that happen constantly: talking to police without counsel, violating protection orders, contacting the alleged victim, posting on social media, or accepting a plea deal without understanding long-term consequences. Attorneys who get involved within the first 24-72 hours after arrest can sometimes prevent charges from being filed at all or can negotiate significantly better outcomes before prosecutors dig in.
Get Experienced Colorado Domestic Violence Defense Representation Now
If you're facing domestic violence charges in Colorado—or if you've been arrested and are trying to understand what happens next—don't wait to get legal help. The Reputation Law Group represents clients throughout Colorado who are dealing with domestic violence accusations ranging from misdemeanor harassment to felony assault and habitual offender charges. We understand Colorado's domestic violence laws, the mandatory policies that make these cases different from other criminal charges, and how to build defenses that protect your rights and your future.
Whether you're asking "is domestic violence a felony in Colorado?" because you're facing strangulation charges, worried about becoming a habitual offender, dealing with false accusations, or trying to understand protection order violations, we provide clear answers and aggressive representation. These cases move quickly, and decisions made in the first days and weeks often determine the outcome. Contact the Reputation Law Group today for a confidential consultation about your domestic violence charges. We'll give you an honest assessment of your situation and explain your options for moving forward.
