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- Colorado Criminal Domestic Violence Law – Understanding The Colorado Laws Governing Dismissal In Colorado Domestic Violence Cases
- Domestic Violence Defense – How To Head Off A False Accusation Of Domestic Violence
- Colorado Domestic Violence Defense Ideas: What Legal Strategies Should My Attorney Consider To Defend Against The Restraining Order
- Trial Issues In Colorado Domestic Violence Cases
- Colorado False Imprisonment Laws and Colorado Domestic Violence Cases
- Can a Colorado Domestic Violence Victim Refuse to Testify in Court?
- Understanding The Difference Between Colorado Domestic Violence And Actual Domestic Abuse
- Colorado Criminal Law – 18-8-610 When You Tamper With Evidence -18-8-306 Attempting To Influence A Public Servant and 18-5-104 Second Degree Forgery
- Finding The Best Colorado Domestic Violence Criminal Defense Lawyer – Don’t Be “Handed Off” To Another Lawyer In The Firm – One You Did NOT Retain!
- Meeting With Your Colorado Domestic Violence Criminal Defense Lawyer For The First Time – Making The Decision To Retain A Lawyer
- Experienced Colorado Domestic Violence Criminal Lawyers in Colorado – Does Experience Really Make A Difference In A Colorado Criminal Defense Lawyer?
- Colorado Domestic Violence: An Industry
- FAQ: Colorado Domestic Violence Cases Part II
- FAQ: Colorado Criminal Law: Understanding the Impact of FEDERAL FIREARMS LAWS AND BRADY FINDINGS in Colorado Domestic Violence Cases
- Colorado Criminal Law – A Comprehensive Look at the Colorado Defense of Self Defense, Initial Aggressor Laws, Make My Day Laws and the Duty to Retreat
- Colorado Criminal Domestic Violence Laws – Couple’s or Martial Counseling NOT Allowed in Domestic Violence Treatment Programs
- Colorado Criminal Domestic Violence Sentencing Procedures and Law – What Happens In A Colorado Domestic Violence Sentencing Hearing
- Withdrawing a Guilty Plea In Colorado – Especially Colorado Domestic Violence Cases
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- H. Michael Steinberg – A Colorado Criminal Domestic Violence Lawyer Defense Lawyer
- Colorado Stalking Laws 18-3-602 – To Convict, A Defendant Does Not Need To Know That The Alleged Victim Is Suffering Serious Emotional Distress
- Key Colorado Domestic Violence Issues
- Understanding Colorado Domestic Violence Cases
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- Colorado Criminal Procedure – The Steps In A Colorado Criminal Case
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- Colorado Criminal Law – Understanding the Marital Privilege – When A Wife Is Prevented From Testifying Against Her Husband And The Reverse
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- Colorado Criminal Law Guide – Self Defense and Domestic Violence Charges
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- Colorado Domestic Violence Law – The Danger Of Being Charged With False Reporting If You Change Your Testimony – C.R.S. 18-8-111
- Colorado Criminal Trial Law – Introducing Evidence Of A Defendant’s Good Character Under CRE 404 (a) – In Colorado Domestic Violence Cases
- A Denver Colorado Criminal Lawyer Helps You To Understand Colorado Criminal Restraining Orders Under 18-1-1001
- Colorado Domestic Violence Lawyer On Common Domestic Violence Defenses – Why Does She Lie?
- Colorado Domestic Violence Law Series – Bail Bonds – How Are They Set? What Criteria Is Applied?
- Why You Should Never Rush To Plead Guilty In A Colorado Domestic Violence Case – The Fast Track Trap
- Colorado Domestic Violence Cases Prosecuting With No Victim – Can They Still Go To Trial?
- Colorado Domestic Violence Lawyer On Domestic Violence And Mental Health Issues
- How DO The Police Evaluate Colorado Domestic Violence Cases? – The Law 18-6-803.6
- Understanding Colorado Domestic Violence Crimes – Wiretapping 18-9-303 C.R.S. vs Obstructing Telephone Service- C.R.S. 18-9-306.5
- How Mistakes Are Made In Colorado Domestic Violence Arrests – Predominant Aggressor Analysis
- Colorado Criminal Law – Understanding Criminal Mischief 18-4-501
- Colorado Criminal Law – Why Did My Doctor Call The Police On Me? – Physician – Psychologist Confidential Communications In Child Abuse – Domestic Violation Cases
- Colorado Domestic Violence Law – Understanding The Impact Of The Domestic Violence “Tag” Designation
- Colorado Criminal Law – Restitution Is For ALL Crimes – Not Just Plea Bargained Convictions
- Will My Child Have To Testify In My Colorado Domestic Violence Case?
- Dual Arrests – Colorado Domestic Violence Arrest Mistakes – The Predominant Aggressor Law – Revisited
- How Can I Get A False Colorado Domestic Violence Case Dismissed?
- False Charges In Colorado Domestic Violence Cases – The Ugly Divorce
- Why Aren’t Perjury Charges Filed More Often In Colorado Domestic Violence Cases?
- Police Contact in Colorado – What Are My Rights?
- Tactics and Strategies When You Are Accused of Domestic Violence in Colorado
- Colorado Criminal Law Update – Colorado May Upgrade Strangulation To A Felony – Even Without Serious Bodily Injury
- Your Colorado Criminal Defense Lawyer Must Conduct A Thorough Investigation Of Your Case To Properly Defend You
- Colorado Domestic Violence Cases – Defense Lawyers And Victim Contact
- Colorado Criminal Law – Domestic Violence Convictions & Custody Of Your Child
- Colorado Domestic Violence Law – False Reporting To Authorities – 18-8-111 – A Dangerous Law
- New 2013 Colorado Gun Law In Domestic Violence Cases Applies Further Protection / Restraining Order Restrictions On Second Amendment Rights
- Colorado Q and A – Knowing Your Constitutional Rights – The First Step In A Colorado Criminal Defense Strategy
- Colorado Restraining Orders
- How To Lift A Colorado Domestic Violence No Contact Order by Denver Criminal Defense Lawyer – H. Michael Steinberg
- Colorado Domestic Violence Permanent Civil Protection Order Laws – Title 13 and 18
- Lifting Or Modifying Colorado Civil Restraining – Protection Orders Pursuant to C.R.S. 13-14-108
- Colorado Violation Of Protection Orders Cases -18-6-803.5. The Why and The How
- Colorado Civil Protection Orders And The Loss Of The Right To Bear Firearms – 13-14-105.5
- Colorado Criminal Law – Civil Restraining Orders – Common Sense Rules When You Have a Permanent Restraining Order Pending In Court Against You
- Questions and Answers About Violation of A Restraining Order in Colorado
- Colorado Domestic Violence Cases and Restraiing Orders
- Colorado Domestic Violence Restraining Orders – The Trick -Making Me Break the Restraining Order
- Colorado Domestic Violence Issues – The Initial Steps To Take In Dealing with a Restraining Order?
- Why Police And Prosecutors Overcharge In Colorado Domestic Violence Cases
- Colorado Criminal Restitution Law – Collecting Unpaid Pre- & Post Judgement Interest – An Unfair Turn In The Law
- Colorado Criminal Domestic Violence Laws – Understanding the Crime of Stalking and Stalking Behavior
- Understanding the Crime of Stalking in Colorado – A Case In Point
- Colorado Domestic Violence No Contact Orders
- Why Police And Prosecutors Overcharge In Colorado Domestic Violence Cases
- Colorado Domestic Violence Law: Why the Police Make Immediate Arrests in Domestic Violence Cases
- Colorado Criminal Law: What Is the Crime of False Reporting All About?
- Colorado Domestic Violence Cases – How Do I Get Off Of This Ride? Discharge Standards, Risk Categories and the Completion of Court Ordered Mandated Treatment – Part I
- Colorado Domestic Violence Cases – How Do I Get Off Of This Ride? Discharge Standards and the Completion of Court Ordered Mandated Treatment – Part II
- Colorado Domestic Violence Fast Track Programs
- Colorado Law Harassment Stalking Statute
- Colorado Domestic Violence – When the Wrong Person Is Arrested
- Colorado Domestic Violence Mandatory Arrest Laws – Wrong Headed – Make No Sense
- Colorado Domestic Violence Cases – A Birds Eye View
- Child Custody and Domestic Violence Allegations – How Allegations of Domestic Violence Are Used In Colorado Child Custody Battles
- The Defense Of Anticipated False Allegations Of Domestic Violence Cases in Divorce Cases
- Colorado Criminal Domestic Violence Law – The Recanting or Reluctant Witness – Can I Refuse To Testify?
- Transferring Probation Out Of Colorado – The Interstate Compact
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- Colorado Criminal Law – Domestic Violence – How Colorado Courts Measure and to Predict Domestic Violence Threats – the Domestic Violence Risk and Needs Assessment (DVRNA)
- The New Colorado DV Treatment Standards
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- Colorado Domestic Violence Cases – Re-victimizing The Victim – The Loss of Power For The Alleged Victim and The Case Against No Drop Policies
- Colorado Criminal Law Domestic Violence Right to Bear Arms
- Colorado Municipal Code Violations – City Code Criminal Charges – How Does This Work?
- Don’t They Have To Read Me My Rights? – The Meaning Of Miranda – Custodial Interrogation Under Colorado Law
- Colorado Stalking Domestic Violence Criminal Defense Lawyer Writes About Being Charged With Stalking In Colorado 18-3-601, 18-3-602
- Colorado Domestic Violence Lawyer – How To Avoid Incriminating Yourself At The Scene Of A Domestic Violence Investigation
- Colorado Domestic Violence Cases- The Arrest
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- Colorado Domestic Violence Sentencing
- Colorado Domestic Violence Sentencing Law – Understanding The Restrictions on Prosecutors
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- Understanding Colorado’s Pre-Sentence Credit Laws – Credit For Time Served – 18-1.3-405
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- FAQ: Understanding Colorado’s Probation Supervision System
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- Understanding Colorado Mandatory Arrest and So Called “No Drop” Prosecution Policies – The Research
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- Colorado Criminal Domestic Violence Cases – The Critical Impact of Expert Opinions On The Jury – The Battered Woman’s Syndrome And Other Issues For Expert Testimony
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- Understanding The Laws, Politics And Policies Behind Domestic Violence Cases – No Room For Justice Here*
- Limits On Hearsay Evidence – Colorado Domestic Violence Cases – The Crawford Decision
- Understanding Colorado Arrest and Conviction Records
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- Colorado’s Child Abuse Mandatory Reporters Law Changed – Does NOT Include Adults
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Colorado Domestic Violence Lawyer On Common Domestic Violence Defenses – Why Does She Lie?
Colorado Domestic Violence Lawyer On Common Domestic Violence Defenses – Why Does She Lie?
Colorado Domestic Violence Lawyer On Common Domestic Violence Defenses – Why Does She Lie? – As a former career prosecutor I was keenly aware of the difficulties in prosecuting Colorado domestic violence cases.
I quickly learned in the 1980’s that experienced Colorado criminal defense lawyers were excellent at uncovering the inherent weaknesses in these cases… cases where conflicts in the evidence and testimony are common and using those conflicts to defend the man or woman accused of an “act of domestic violence” becomes critical.
Representing The Unjustly Charged In A Colorado Domestic Violence Case – The Defenses
In formulating a defense to Colorado domestic violence charges – the experienced criminal defense lawyer with develop alternative theories of defense. These defense theories arise out of the facts and evidence of the specific case AND from the criminal defense lawyer’s mind as to what would create reasonable doubt in the minds of the judge – or if this is a judge or “bench” trial – the judge.
The accounts given by the accused and the alleged victim in the most common domestic violence cases will usually mean at least two massively different accounts of what really happened at the time of the alleged trial.
What follows are some common factual defenses that – if appropriate – might be used in your Colorado domestic violence trial:
False Allegations – A jealous, vindictive girlfriend or a rejected ex-girl or boyfriend alleges an act of domestic violence.
Child Custody Based Attack – A future – pending or past child custody battle may be impacted by false allegations of acts of domestic violence.
Joint Tenant – Owner Of A Piece Of Real Estate – The false allegations of domestic violence in your case are made to gain the advantage of a restraining order ordering you to leave joint property previously occupied by both of you.
Financial Gain – Gaining some kind of financial advantage asa result of a false allegation of an act or acts of domestic violence.
Self Defense – This is the most common affirmative defense. in a Colorado domestic violence case – You were acting with justification under Colorado’s self defense law.
Here it is YOU who are the victim of long term and ongoing domestic violence and it is YOU who are charged!
An Accidental Injury – This is an act that results in unintended consequences and was not done with the intention of hurting someone in any way. An accidental injury is not grounds to bring a domestic violence charge.
Domestic Violence Charges Based On Lies, Character Assassination or Innuendo – Many times there are no facts supporting domestic violence charges – the claims underlying the charges are the result of a poor police investigation or even corrupt practices by the police. This area can also include biased witnesses who are used by law enforcement and or the alleged victim to replace actual facts and evidence into distortions and innuendo
The Defense Of Heat of Passion? – Here – the mind is overcome by a highly provoking act on the part of the alleged victim.. The most common example is finding your spouse in bed with another person. The rage that follows is believed to be beyond the control of the accused and the penalty is reduced accordingly. See my article on this subject matter.
False Accusations Based On Jealousy – Vindictiveness – Building on the heat of passion defense are false accusations based on jealousy and vindictiveness. These lies row out of the anger of a lover who is rejected and wants revenge.
The Defense of Others Or Pets – Here an act of violence may be necessary to protect a child, a pet or the property of the accused. This defense is well recognized but has its limits.
How To Investigate And Formulate Defenses To Domestic Violence
The areas to be investigated include:
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The character and credibility of your accuser.
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Locating witnesses who can testify for the defense.
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Identifying mental instability or other psychiatric problems.
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Identifying any kind of medications or illegal narcotics that distort reality on the part of the accuser.
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Identifying the impact of the consumption of alcohol on the accuser.
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Identifying any records from social services or DHS – that might impact the accuser’s credibility.
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Performing a thorough background check on the accuser.
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Identifying who was the initial aggressor and documenting pain and injuries that were the result of their assault on you during the incident.
Conclusion – The Responsible Choice In A Colorado Domestic Violence Criminal Defense Lawyer
The Colorado domestic violence lawyer you choose must have the background and extensive experience necessary to aggressively assert the proper and most persuasive defense in you case and to use that defense to your advantage. Colorado domestic violence allegations are often false, fraudulent or just weak.. The ultimate goal in zealously advocating for the client is to obtain a dismissal of the charges, negotiate an appropriate plea bargain or reduction of the charges, or take the case all the way to trial – whatever it takes. To circumvent a conviction on the most serious charges.
Colorado Domestic Violence Lawyer On Common Domestic Violence Defenses – Why Does She Lie?
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ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author at [email protected] – A Denver Colorado Domestic Violence Case Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-220-2277.
If you are charged with A Colorado crime or you have questions about the topic of this article – Colorado Domestic Violence Lawyer On Common Domestic Violence Defenses – Why Does She Lie? , please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.
H. Michael Steinberg, is a Denver, Colorado criminal defense lawyer with over 40 years of day to day courtroom experience – specializing in Colorado Criminal Law along the Front Range.
He will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options. Remember, it costs NOTHING to discuss your case. Call now for an immediate free phone consultation.
Helping Clients To Make Informed Decisions In the Defense of Colorado Criminal Cases.
Contact A Lawyer with Three Decades of Experience as a Denver Criminal Attorney at The Steinberg Colorado Criminal Defense Law Firm today.
Colorado Defense Lawyer H. Michael Steinberg regularly appears and provides solid criminal defense for clients throughout the Front Range of Colorado – including the City and County courts of:
Adams County (Adams County criminal defense lawyer), Arapahoe County (Arapahoe County criminal defense lawyer), City and County of Boulder Boulder County criminal defense lawyer), City and County of Broomfield (Broomfield County criminal defense lawyer), City and County of Denver (Denver criminal defense lawyer), Douglas County (Douglas County criminal defense lawyer), El Paso County – Colorado Springs (Colorado Springs criminal defense lawyer), Gilpin County (Gilpin County criminal defense lawyer), Jefferson County (Jefferson County criminal defense lawyer), Larimer County, and Weld County ( Larimer and Weld County criminal defense lawyer,….
and all the other cities and counties of Colorado along the I-25 Corridor… on cases involving the subject of this article – Colorado Domestic Violence Lawyer On Common Domestic Violence Defenses – Why Does She Lie?.
Other Articles of Interest:
- Colorado Criminal Law – 18-8-610 When You Tamper With Evidence -18-8-306 Attempting To Influence A Public Servant and 18-5-104 Second Degree Forgery
- Colorado Criminal Law – Possible Defenses In Colorado Domestic Violence Cases
- Colorado Law – Common Law Marriages
- Colorado False Imprisonment Laws and Colorado Domestic Violence Cases
- Colorado Municipal Code Violations – City Code Criminal Charges – How Does This Work?
