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• Domestic Violence Blog
• Colorado Criminal Law – Expert Testimony In Colorado Domestic Violence Cases – Unfair and Unjust
• Electronic Cyberstalking And Colorado’s Domestic Violence “Stalking” Crimes – 18-3-602 CRS
• Colorado Criminal Law – When The DA Can’t Plea Bargain – Domestic Violence and DUI Cases
• Colorado Criminal Law – Possible Defenses In Colorado Domestic Violence Cases
• A Comprehensive Guide To Colorado’s “False Imprisonment” Law 18-3-303 C.R.S
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• Parental Kidnapping – Custodial Interference Cases In Colorado – Section 18-3-304
• FAQ How to Seal a Domestic Violence Case That Has Been Dismissed
• Colorado Civil Assist – Civil Standbys in Domestic Violence Cases
• Bonds In Colorado – Colorados Bail Bond Laws – Rules
• Colorado Felony Domestic Violence Defense Lawyer – Pre-Filing Representation
• FAQ: Colorado Criminal Defense Law – Domestic Violence Cases and The Right to Refuse to Testify Based on the 5th Amendment’s Right to NOT Incriminate Oneself
• Colorado Criminal Law – Representing Victims and Witnesses in Criminal Court and Proceedings – The Rights of Victims and Witnesses
• Colorado Criminal Domestic Violence Law – The Impact of a Colorado Domestic Violence Case On Parenting Time
• FAQ: Colorado Criminal – Domestic Violence Defense Law – What is Strangulation? What Does The Word Strangle Mean?
• FAQ: Colorado Criminal Firearms Laws – The Impact of Colorado Criminal Convictions On The Right To Bear Arms Under Federal Law
• Colorado Criminal Law – Understanding An Allegation Of Stalking Behavior – The Crime Of Stalking in Colorado
• How Denver City Domestic Violence Cases Are Different – The Denver Municipal Ordinance Domestic Violence Exception
• 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
  • Outrage In Criminal Prosecutions – The Damage Done By Prosecution “Experts” In Ballistics
• 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
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  • 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
• Attorney Profile
• 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
  • Colorado Domestic Violence Law – Searches – Consent
  • Colorado Criminal Defense Law – Defending Domestic Violence Cases -Victim Recants
  • Colorado Criminal Defense Law – Defending Domestic Violence Cases – Understanding Tactical and Trial Issues -Victim Recantation
  • Colorado Criminal Procedure – The Steps In A Colorado Criminal Case
  • Colorado Criminal Domestic Violence Law – The Impact of the Federal Violence Against Women Act in Colorado Domestic Violence Cases.
  • Colorado Criminal Law – Understanding the Marital Privilege – When A Wife Is Prevented From Testifying Against Her Husband And The Reverse
  • Colorado Domestic Violence Defense Lawyer – Understanding The Problem Of Identifying The Primary Aggressor In Domestic Violence Cases
  • Colorado Law of Jury / Juror Misconduct – Analysis
  • Colorado Criminal Law Guide – Self Defense and Domestic Violence Charges
  • Colorado Criminal Law – What If I Run? – Absconding – Fleeing A Colorado Criminal Case – Evidence Of Flight At Trial
  • 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
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  • 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
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  • Will My Child Have To Testify In My Colorado Domestic Violence Case?
  • Dual Arrests – Colorado Domestic Violence Arrest Mistakes – The Predominant Aggressor Law – Revisited
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• 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
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• 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
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  • 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
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  • Questions and Answers About Violation of A Restraining Order in Colorado
  • Colorado Domestic Violence Cases and Restraiing Orders
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  • 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
  • 2016 Colorado – When Does Texting – Calling – Become Harassment? 18-9-111
• 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
• Colorado Domestic Violence Treatment Requirements
  • Colorado Domestic Violence Cases – The Levels of Treatment A – B – C Explored – The Colorado Domestic Violence Offender Management Board Standards For Treatment With Court Ordered Domestic Violence Offenders
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  • 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
• Colorado Law – Domestic Violence Assault Charges
  • Colorado Spousal Rape Laws
  • Colorado Law Domestic Violence Cases Harasment – Stalking
  • Contributing to the Delinquency of a Minor in Colorado 18-6-701
• Colorado Domestic Violence and False Allegations of Child Abuse
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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
  • Colorado Criminal Law – Understanding Colorado’s Scheme of Adult Sentencing Laws
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  • Colorado Criminal Law – Asking a Judge to Change a Sentence – a Sentence Reconsideration – Under Colorado Rule of Criminal Procedure 35(b)
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• Understanding Colorado Mandatory Arrest and So Called “No Drop” Prosecution Policies – The Research
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• Colorado Criminal Defense Strategics: The Top Ten Myths About Colorado Criminal Cases
• Colorado Domestic Violence Defense – The Bullying Girlfriend – Spouse and Colorado Domestic Violence Cases *
• Colorado Criminal Domestic Violence Laws – Firearms and Domestic Violence Cases
• Colorado Criminal Domestic Violence Cases – The Role of Mental Health Assessment in Colorado Domestic Violence Cases
• Colorado Criminal Law: Victim Representation in Colorado Domestic Violence Cases
• Colorado Criminal Law: Why You Should Never Make ANY Statement to The Police During an Investigation – Miranda and Interrogation: A 2010 Update
• Colorado Criminal Domestic Violence Defense – Understanding Terms and Concepts of the Domestic Violence Evaluation and Standards
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• In Depth Articles On Domestic Violence Laws – Issues – and History
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  • Colorado Law: A New Idea In An Old Problem – Sequential Viewing for Identification Lineups -Eyewitness Identification Methods
  • Understanding The Laws, Politics And Policies Behind Domestic Violence Cases – No Room For Justice Here*
    • Domestic Violence Cases – Gender Bias – Men As Perpetrators – Women As Victims – The Truth – Colorado and The Nation – A National Disgrace
  • Limits On Hearsay Evidence – Colorado Domestic Violence Cases – The Crawford Decision
  • Understanding Colorado Arrest and Conviction Records
  • Colorado Domestic Violence Trials – What Juries Really Think
  • Colorado’s Child Abuse Mandatory Reporters Law Changed – Does NOT Include Adults
  • Colorado Domestic Violence Law – Arrests for Violations of Civil Protection – Restraining Orders
  • How Colorado Criminal Offenders Are Sentenced – Judges Assess Risk
  • Understanding Colorado Presentence Confinement In Concurrent Felony – Misdemeanor Sentencing – § 18-1.3-405
• Domestic Violence and Syndrome Evidence
• Federal Domestic Violence Laws Overview
  • Federal Enforcement of Domestic Violence Protection Orders
  • Federal Gun Laws and Colorado Domestic Violence Cases
  • Federal DV Laws – The U – VISA
  • False Allegations of Domestic Violence and Immigration Fraud
  • Federal Domestic Violence Laws – VAWAs Impact on Colorado Domestic Violence Cases
• Colorado Criminal Domestic Violence Resources
  • 2011 Colorado Domestic Violence Treatment Providers By County
    • 2011 Colorado Domestic Violence Treatment Providers By County – Jefferson County
    • 2011 Colorado Domestic Violence Treatment Providers By County – Denver County
    • 2011 Colorado Domestic Violence Treatment Providers By County – Arapahoe County
    • 2011 Colorado Domestic Violence Treatment Providers By County – Adams and Broomfield Counties
    • 2011 Colorado Domestic Violence Treatment Providers By County – Douglas, Elbert and Lincoln Counties
    • 2011 Colorado Domestic Violence Treatment Providers By County – Boulder County
    • 2011 Colorado Domestic Violence Treatment Providers By County – El Paso County
    • 2011 Colorado Domestic Violence Treatment Providers By County – Larimer County
• The Dangers Of Juror Contact In A Colorado Criminal Jury Trials – Colorado Criminal Trial Law Guide
  • The Colorado Rules Of Criminal Procedure – 2017 – A Reference Guide
• Important Links in Colorado Domestic Violence Cases
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Colorado Law – Domestic Violence Assault Charges

First Degree Assault (18-3-202)

(1) A person commits the crime of assault in the first degree if:

(a) With intent to cause serious bodily injury to another person, he causes serious bodily injury to any person by means of a deadly weapon; or

(b) With intent to disfigure another person seriously and permanently, or to destroy, amputate, or disable permanently a member or organ of his body, he causes such an injury to any person; or

(c) Under circumstances manifesting extreme indifference to the value of human life, he knowingly engages in conduct which creates a grave risk of death to another person, and thereby causes serious bodily injury to any person; or

(d) Repealed.

(e) With intent to cause serious bodily injury upon the person of a peace officer or firefighter, he or she threatens with a deadly weapon a peace officer or firefighter engaged in the performance of his or her duties, and the offender knows or reasonably should know that the victim is a peace officer or firefighter acting in the performance of his or her duties; or

(e.5) With intent to cause serious bodily injury upon the person of a judge of a court of competent jurisdiction or an officer of said court, he threatens with a deadly weapon a judge of a court of competent jurisdiction or an officer of said court, and the offender knows or reasonably should know that the victim is a judge of a court of competent jurisdiction or an officer of said court; or

(f) While lawfully confined or in custody as a result of being charged with or convicted of a crime or as a result of being charged as a delinquent child or adjudicated as a delinquent child and with intent to cause serious bodily injury to a person employed by or under contract with a detention facility, as defined in section 18-8-203 (3), or to a person employed by the division in the department of human services responsible for youth services and who is a youth services counselor or is in the youth services worker classification series, he or she threatens with a deadly weapon such a person engaged in the performance of his or her duties and the offender knows or reasonably should know that the victim is such a person engaged in the performance of his or her duties while employed by or under contract with a detention facility or while employed by the division in the department of human services responsible for youth services. A sentence imposed pursuant to this paragraph (f) shall be served in the department of corrections and shall run consecutively with any sentences being served by the offender. A person who participates in a work release program, a furlough, or any other similar authorized supervised or unsupervised absence from a detention facility, as defined in section 18-8-203 (3), and who is required to report back to the detention facility at a specified time shall be deemed to be in custody.

(2) (a) If assault in the first degree is committed under circumstances where the act causing the injury is performed upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, affecting the person causing the injury sufficiently to excite an irresistible passion in a reasonable person, and without an interval between the provocation and the injury sufficient for the voice of reason and humanity to be heard, it is a class 5 felony.

(b) If assault in the first degree is committed without the circumstances provided in paragraph (a) of this subsection (2), it is a class 3 felony.

(c) If a defendant is convicted of assault in the first degree pursuant to subsection (1) of this section, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-406.

Second Degree Assault (18-3-203)

(1) A person commits the crime of assault in the second degree if:

(a) Repealed.

(b) With intent to cause bodily injury to another person, he or she causes such injury to any person by means of a deadly weapon; or

(c) With intent to prevent one whom he or she knows, or should know, to be a peace officer or firefighter from performing a lawful duty, he or she intentionally causes bodily injury to any person; or

(d) He recklessly causes serious bodily injury to another person by means of a deadly weapon; or

(e) For a purpose other than lawful medical or therapeutic treatment, he intentionally causes stupor, unconsciousness, or other physical or mental impairment or injury to another person by administering to him, without his consent, a drug, substance, or preparation capable of producing the intended harm; or

(f) While lawfully confined or in custody, he or she knowingly and violently applies physical force against the person of a peace officer or firefighter engaged in the performance of his or her duties, or a judge of a court of competent jurisdiction, or an officer of said court, or, while lawfully confined or in custody as a result of being charged with or convicted of a crime or as a result of being charged as a delinquent child or adjudicated as a delinquent child, he or she knowingly and violently applies physical force against a person engaged in the performance of his or her duties while employed by or under contract with a detention facility, as defined in section 18-8-203 (3), or while employed by the division in the department of human services responsible for youth services and who is a youth services counselor or is in the youth services worker classification series, and the person committing the offense knows or reasonably should know that the victim is a peace officer or firefighter engaged in the performance of his or her duties, or a judge of a court of competent jurisdiction, or an officer of said court, or a person engaged in the performance of his or her duties while employed by or under contract with a detention facility or while employed by the division in the department of human services responsible for youth services. A sentence imposed pursuant to this paragraph (f) shall be served in the department of corrections and shall run consecutively with any sentences being served by the offender; except that, if the offense is committed against a person employed by the division in the department of human services responsible for youth services, the court may grant probation or a suspended sentence in whole or in part, and such sentence may run concurrently or consecutively with any sentences being served. A person who participates in a work release program, a furlough, or any other similar authorized supervised or unsupervised absence from a detention facility, as defined in section 18-8-203 (3), and who is required to report back to the detention facility at a specified time shall be deemed to be in custody.

(f.5) (I) While lawfully confined in a detention facility within this state, a person with intent to infect, injure, harm, harass, annoy, threaten, or alarm a person in a detention facility whom the actor knows or reasonably should know to be an employee of a detention facility, causes such employee to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or any toxic, caustic, or hazardous material by any means, including but not limited to throwing, tossing, or expelling such fluid or material.

(II) (A) Any adult or juvenile who is bound over for trial for the offense described in subparagraph (I) of this paragraph

(f.5) subsequent to a preliminary hearing or after having waived the right to a preliminary hearing, any person who is indicted for or is convicted of any such offense, or any person who is determined to have provided blood, seminal fluid, urine, feces, saliva, mucus, or vomit to a person bound over for trial for, indicted for, or convicted of such an offense shall be ordered by the court to submit to a medical test for communicable diseases and to supply blood, feces, urine, saliva, or other bodily fluid required for the test. The results of such test shall be reported to the court or the court’s designee, who shall then disclose the results to any victim of the offense who requests such disclosure. Review and disclosure of medical test results by the court shall be closed and confidential, and any transaction records relating thereto shall also be closed and confidential. If a person subject to a medical test for communicable diseases pursuant this sub-subparagraph (A) voluntarily submits to a medical test for communicable diseases, the fact of such person’s voluntary submission shall be admissible in mitigation of sentence if the person is convicted of the charged offense.

(B) In addition to any other penalty provided by law, the court may order any person who is convicted of the offense described in subparagraph (I) of this paragraph (f.5) to meet all or any portion of the financial obligations of medical tests performed on and treatment prescribed for the victim or victims of the offense.

(C) At the time of sentencing, the court may order that an offender described in sub-subparagraph (B) of this subparagraph (II) be put on a period of probation for the purpose of paying the testing and treatment costs of the victim or victims; except that the period of probation, when added to any time served, shall not exceed the maximum sentence that can be imposed for the offense.

(III) (A) As used in this paragraph (f.5), “detention facility” means any building, structure, enclosure, vehicle, institution, or place, whether permanent or temporary, fixed or mobile, where persons are or may be lawfully held in custody or confinement under the authority of the state of Colorado or any political subdivision of the state of Colorado.

(B) As used in this paragraph (f.5), “employee of a detention facility” includes employees of the department of corrections, employees of any agency or person operating a detention facility, law enforcement personnel, and any other persons who are present in or in the vicinity of a detention facility and are performing services for a detention facility. “Employee of a detention facility” does not include a person lawfully confined in a detention facility.

(g) With intent to cause bodily injury to another person, he causes serious bodily injury to that person or another.

(2) (a) If assault in the second degree is committed under circumstances where the act causing the injury is performed upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, affecting the person causing the injury sufficiently to excite an irresistible passion in a reasonable person, and without an interval between the provocation and the injury sufficient for the voice of reason and humanity to be heard, it is a class 6 felony.

Assault in the Third Degree (18-3-204)

A person commits the crime of assault in the third degree if the person knowingly or recklessly causes bodily injury to another person or with criminal negligence the person causes bodily injury to another person by means of a deadly weapon. Assault in the third degree is a class 1 misdemeanor and is an extraordinary risk crime that is subject to the modified sentencing range specified in section 18-1.3-501 (3).

• Colorado Law Domestic Violence Cases Harasment – Stalking
• Colorado Spousal Rape Laws
• Contributing to the Delinquency of a Minor in Colorado 18-6-701