Colorado Springs Domestic Violence Lawyers
Serving the state of Colorado
Colorado Springs Domestic Violence Lawyers
Serving the state of Colorado
Do You Need Legal Help?
Bridgette Carabajal
I've had the pleasure of working with Mr. Hanchey on two occasions, and each interaction has been nothing short of exceptional. His professional demeanor, coupled with the outstanding support from his staff significantly alleviated any anxieties I had. I am thoroughly satisfied with the outcomes achieved. Should the need for legal representation arise in the future, Mr. Hanchey will undoubtedly be my first choice.
Lucas Garcia
Mark Hanchey has been excellent. I spoke with him last minute before my court date. He still showed up to court with me and was very caring and helped me before I had even officially hired him. I felt like he cared about me and my case. He knows his craft very well and you can tell that the judge and other attorneys respect him when he is in court. He is also very kind. I recommend him to anyone. An excellent attorney.
Renee Braucht
I had an amazing experience with the Hanchey Law Firm! Mr. Hanchey got me the absolute best result I could have imagined for my case. I can’t even tell you how many times I’ve heard, “wow, you must have had a really good lawyer!” when discussing the result. I live far from Colorado Springs, but I will forever make the trip for this firm when I need them! Highly recommend!
David Walker
I have needed to use a lawyer a couple of times over the past several years and have used Mark Hanchey. He is a very down to earth person who has always treated me with dignity and has always been straight forward. His staff has also been professional and friendly. Each time I used Mark Hanchey the result was a positive one. I also think his fees are reasonable. I cant say enough good about Mark Hanchey.
With You Every Step of the Journey
When you need legal help, Mark Hanchey and Ben Peterson are here to guide you through it all. One step at a time. Reach out today for legal support. Get The Law Firm of Mark S. Hanchey and Ben Peterson fighting for you
Free Consultation Download PDF
7 Slip-Ups to Watch Out for After Being Arrested in Colorado
Learn what you need to avoid during your criminal defense case. Download our free PDF guide.
Colorado Springs Domestic Violence Lawyers
We understand the multitude of emotions and worries that may accompany the weight of a domestic violence charge in Colorado Springs, Colorado. Here at The Law Firm of Mark S. Hanchey and Ben Peterson, we extend our empathy and support to you during this challenging time.
Understanding Domestic Violence Charges
Domestic violence charges can encompass a wide range of behaviors and actions, all of which are considered harmful or threatening within a domestic relationship. These relationships can include spouses, partners, family members, or individuals who share a household.
Understanding Misdemeanor vs. Felony Domestic Violence Charges
When it comes to domestic violence charges, the distinction between a misdemeanor and a felony primarily hinges on the severity of the incident and the defendant’s criminal history.Misdemeanor Charges
Typically, domestic violence incidents are charged as misdemeanors if they result in minor harm or involve threats without physical contact. These cases might include situations where there is no prior history or the violence results in minimal injuries. Misdemeanor penalties often include:- Short-term jail time
- Fines
- Mandatory counseling or community service
Felony Charges
In contrast, felony charges emerge when the case involves significant bodily harm, the use of a deadly weapon, or the victim is left in a state of fear for their safety. Felonies are also filed if the accused has a history of domestic violence. Known as “habitual offender” charges, these are more severe and can result in:- Several years in prison
- High fines
- Extended probation
Aggravating Factors
Certain factors, such as a prior domestic violence record or the charge involving violent crimes like assault or sexual assault, can elevate a case to a felony. In many jurisdictions, having multiple prior offenses escalates the severity of charges, resulting in harsher penalties and sentencing enhancements.Legal Consequences
Ultimately, when determining whether to file misdemeanor or felony charges, the prosecution will review the nature of the incident, the evidence available, and any previous convictions. Repeat offenders face stricter consequences to prevent further incidents and protect the community.Common Domestic Violence Charges in Colorado
In Colorado, domestic violence charges can add a significant layer of seriousness to various types of offenses—even those that don’t directly involve physical harm to another person. Here’s a breakdown of some of the common charges that can be elevated with a domestic violence enhancement:- Menacing: This charge covers situations where an individual knowingly causes someone to fear imminent serious bodily injury. The focus is on the creation of fear, rather than on direct physical harm.
- Stalking: This serious offense involves making credible threats and engaging in repeated actions such as following, contacting, or surveilling the victim. The charge can also extend to actions involving the victim’s family or their close relationships.
- Harassment: Harassment charges can arise when an individual aims to harass, annoy, or alarm someone else. This might involve unwanted physical contact like striking, shoving, or kicking, as well as non-physical actions intended to cause distress.
The Legal Framework in Colorado Springs
In Colorado Springs — as in many jurisdictions — domestic violence is taken very seriously by law enforcement and the legal system. Colorado law defines domestic violence as any act or threatened act of violence against someone with whom the perpetrator has an intimate relationship.
Potential Consequences
The consequences of a domestic violence charge in Colorado Springs can be severe and far-reaching. Beyond the immediate legal penalties, such as fines and potential incarceration, individuals convicted of crimes defined as domestic violence may face long-term repercussions. These can include the loss of child custody or visitation rights, damage to personal and professional relationships, and difficulty securing employment or housing.
Statistics on Domestic Violence
According to data from the Colorado Attorney General’s Office, domestic violence remains a significant issue in our state. In 2022, there were 94 deaths tied to domestic violence in Colorado. Alarmingly, this is almost twice as many murders on average as there had been in the last seven years of data collection.
How We Can Help
At The Law Firm of Mark S. Hanchey and Ben Peterson, our experienced team understands the complexities of domestic violence cases in Colorado Springs. We are dedicated to providing our clients with comprehensive legal representation aimed at achieving the best possible outcome.
Our approach begins with a thorough review of the circumstances surrounding your case. We will work closely with you to develop a strategic defense tailored to your unique situation. Whether negotiating with prosecutors, challenging evidence, or advocating on your behalf in court, we are committed to fighting for your rights and protecting your future.
The Law Firm of Mark S. Hanchey and Ben Peterson also assist people with legal needs in the following areas: Black Forest, Castle Rock, Centennial, Cimarron Hills, Douglas County, El Paso County, Fountain, Highlands Ranch, Parker, and Pueblo County.Related Videos
What are the penalties for domestic violence?
Choosing Experienced Colorado Springs Domestic Violence Lawyers
When facing domestic violence charges in Colorado Springs, CO, the choice of legal representation can have a profound impact on the outcome of your case. Selecting a team of experienced and knowledgeable attorneys are essential to navigating the complexities of the legal system and safeguarding your rights.
Why Experience Matters
Domestic violence cases can be particularly complex, often involving intricate legal nuances and emotionally charged circumstances. That’s why it’s crucial to choose attorneys who have a deep understanding of Colorado’s laws pertaining to domestic violence and a proven track record of success in handling such cases.
The Law Firm of Mark S. Hanchey and Ben Peterson Difference
At The Law Firm of Mark S. Hanchey and Ben Peterson, we bring decades of combined experience to each case we handle. Our team of seasoned attorneys have a comprehensive understanding of Colorado’s domestic violence laws and the intricacies of the legal process.
Free Consultations
We understand that facing domestic violence charges can be overwhelming, which is why we offer free consultations to prospective clients. During this initial meeting, we will take the time to listen to your concerns, evaluate the details of your case, and provide you with clear and honest guidance regarding your legal options.
Consequences of a Domestic Violence Conviction
A domestic violence conviction can carry serious consequences, including hefty fines, potential jail time, and the long-term stigma of a criminal record. Additionally, individuals convicted of domestic violence may face restrictions on their freedom, such as protective orders or probation requirements.
Guidance Through Complicated Proceedings
Navigating the court system can be daunting, especially for those unfamiliar with legal proceedings. At The Law Firm of Mark S. Hanchey and Ben Peterson, we are committed to guiding our clients through every step of the process. From court appearances to administrative hearings, we will be by your side, advocating for your rights and working tirelessly to achieve the best possible outcome.
A domestic violence charge in Colorado presents long-term implications for your criminal record, and understanding these is crucial for those facing such charges.Permanent Impact
Once charged with domestic violence in Colorado, the charge remains on your record indefinitely. This is true regardless of the case outcome, whether dismissed or resulting in a not guilty verdict. These charges are categorized under violent crimes, which are not eligible for expungement—meaning they cannot be erased from your criminal history.Sealing the Record
However, there is an option to seal these charges, which, while not completely eradicating them, can keep them hidden from most standard background checks. Sealing a charge means it becomes inaccessible to employers, landlords, and similar entities that commonly conduct such checks.Requirements for Sealing
To initiate the sealing process, you must submit a petition to the court. This petition needs to include several crucial documents:- The original charging document.
- A certified copy of the case’s court disposition.
- A letter from a therapist or counselor confirming the completion of a batterer intervention program.
Court’s Decision
The court will carefully evaluate your petition. If approved, the charge is sealed, thus remaining hidden from most background checks. However, remember that while sealed, the charge is still part of your record and can be reopened if you face subsequent domestic violence convictions. In summary, although a domestic violence charge in Colorado can be sealed from routine checks, it permanently remains on your record, highlighting the importance of addressing such charges with due diligence.Determining Your Best Chances for Success
Every case is unique, and there is no one-size-fits-all approach to defending against domestic violence charges. That’s why it’s essential to work with attorneys who will take the time to understand your specific circumstances and develop a personalized defense strategy tailored to your needs. When facing domestic violence charges in Colorado, understanding your defense options can be crucial. Here are some common strategies that legal professionals might consider:False Accusations
False accusations can stem from personal vendettas or misunderstandings. If you are wrongly accused, it’s vital to address the situation promptly with a knowledgeable attorney who can help establish the truth.Self Defense
If your actions were in self-defense, you must demonstrate that you reasonably believed your safety was in danger. The response should be necessary and proportional to the threat, which can be a compelling defense with the right evidence.Accident
Sometimes, charges arise from accidents without criminal intent. Demonstrating that the incident was unintentional can be a strong argument against the charges, emphasizing the lack of intent.Insufficient Evidence
Challenging the sufficiency of evidence is another viable defense. This involves scrutinizing the prosecution’s case to ensure they cannot meet the burden of proof required for a conviction. By working closely with a legal expert who understands these strategies, you can navigate the complexities of your case with a defense that’s as unique as your situation.Related Blog Posts
The Importance of Legal Representation in Colorado Domestic Violence Cases
When faced with a domestic violence case, you might feel overwhelmed and unsure of what [...]
Steps to Take if You’re Accused of Domestic Violence in Colorado
Facing an accusation of domestic violence can be overwhelming and frightening. It is natural to [...]
Legal Defenses in Colorado Domestic Violence Cases
Facing a domestic violence charge in Colorado can feel overwhelming. If you are in this [...]
The Role of Protective Orders in Colorado Domestic Violence Cases
Domestic violence is a serious problem that affects many families in Colorado. It is a [...]
Defending Against Domestic Violence Charges in Colorado
Domestic violence charges can be overwhelming and scary, especially if you don’t know what to [...]
The Impact of Domestic Violence Charges on Your Life in Colorado
Facing domestic violence charges in Colorado can have a serious impact on many parts of [...]
The Legal Process for Domestic Violence Charges in Colorado
Navigating the legal process for domestic violence charges in Colorado is complex and can be [...]
Avoiding Common Mistakes After a Domestic Violence Arrest
It’s essential to avoid certain common mistakes that could potentially harm your case and jeopardize your future. Here are some pitfalls to steer clear of:
Speaking to Law Enforcement Without Legal Representation
One of the most critical mistakes individuals make after a domestic violence arrest is speaking to law enforcement without first consulting with an attorney. Anything you say to the police can be used against you in court, so it’s crucial to exercise your right to remain silent until you have legal representation present. Hiring a criminal defense attorney for a domestic violence case is not just advisable; it’s essential for several reasons:- Legal Guidance: An attorney can explain the charges, potential penalties, and the legal process, helping you understand your rights and options from the outset.
- Thorough Investigation: Your attorney will conduct a detailed investigation, gathering evidence and interviewing witnesses to build a robust defense.
- Strategic Defense: Based on the findings, they will craft a defense strategy tailored to your case, aiming for the most favorable outcome.
- Negotiation Skills: If a plea bargain is appropriate, your attorney can negotiate with the prosecution to potentially reduce charges or secure a lesser sentence.
- Courtroom Expertise: Should your case go to trial, your lawyer will represent you, presenting evidence and challenging the prosecution’s case effectively.
- Rights Protection: Throughout the process, your attorney will ensure your constitutional rights are upheld, providing vital advocacy.
- Long-term Solutions: They can also explore diversion programs or the possibility of record expungement, helping mitigate future consequences.
- Modification of Restraining Orders: If needed, your attorney can assist in modifying or lifting any restraining orders in place.
Failing to Understand Your Rights
Many people facing domestic violence charges in Colorado Springs are unaware of their rights under the law. It’s essential to understand that you have the right to legal counsel, the right to a fair trial, and the right to confront witnesses against you. Without this knowledge, you may inadvertently waive important legal protections.
Violating Restraining Orders or Protective Orders
If a restraining order or protective order has been issued against you as a result of a domestic violence arrest, it’s critical to adhere to its terms. Violating a restraining order can result in additional criminal charges and further complicate your legal situation.
Understanding Plea Bargains in Domestic Violence Cases
Plea bargains are legal agreements where the defendant consents to plead guilty to a lesser charge. This arrangement often leads to the prosecution dismissing more serious charges. Primarily, plea bargains offer a mode of resolving criminal cases without the need for a trial.Should You Consider a Plea Bargain for Domestic Violence Charges?
Deciding whether to accept a plea bargain in cases of domestic violence is complex. It hinges on various factors like the severity of the charge, your legal history, and the robustness of the evidence against you. Here’s a closer look at the considerations:Pros of Accepting a Plea Bargain:
- Reduced Sentencing: Often results in a lesser sentence than what might be expected if found guilty at trial.
- Avoidance of Trial: Provides a faster resolution and spares you the stress and public scrutiny of a courtroom battle.
- Less Severe Penalties: Potentially allows avoiding harsher penalties, such as extended jail time.
Cons of Accepting a Plea Bargain:
- Admission of Guilt: Involves acknowledging guilt, which might not align with your view of the situation.
- Forfeiture of Trial Rights: You lose the opportunity to argue your case fully before a jury.
- Limited Appeal Options: Once a plea is accepted, chances to appeal might be significantly reduced.
Factors to Evaluate
- Charge Gravity: More serious charges might necessitate a trial to avoid unjust penalties, whereas milder charges might be worth negotiating.
- Personal Legal Record: A prior criminal history may influence the terms of the bargain and its potential advantages.
- Strength of Evidence: If the case against you is strong, a plea bargain might be a strategic choice, mitigating potentially harsher outcomes.
Making an Informed Decision
Before deciding on a plea bargain for a domestic violence charge, it is crucial to consult with a knowledgeable criminal defense attorney. They can provide comprehensive guidance, helping you weigh the benefits and risks while navigating negotiations with the prosecution. By understanding the nuances of plea bargains, you can make a more strategic decision about how to proceed with your case and best protect your future.Frequently Asked Questions About Domestic Violence Charges
Here are some frequently asked questions that individuals facing domestic violence charges in Colorado Springs may have:
What should I do if I've been arrested for domestic violence in Colorado Springs?
If you’ve been arrested for domestic violence, it’s essential to remain calm and assert your right to legal representation. Refrain from speaking to law enforcement without an attorney present, and avoid making any statements that could be used against you in court.
What are the potential consequences of a domestic violence conviction?
A domestic violence conviction can have serious consequences, including fines, jail time, probation, and the loss of certain rights and privileges. Additionally, individuals convicted of domestic violence may face challenges in obtaining employment, housing, and custody or visitation rights. Impact on Employment Opportunities
- Background Checks: Employers frequently run criminal background checks during the hiring process. A domestic violence conviction can lead not only to job loss but also to denial of promotions, regardless of the charge’s severity.
- Plea Bargains: Many don’t realize that plea bargains can be as damaging as convictions in the context of background checks. Even if one pleads down to avoid jail time, this can still pose significant challenges in securing employment.
- Certifications and Licenses: A domestic violence record could prevent the acquisition of certain job certifications or licenses, further limiting career prospects.
- Military Personnel: Those in the military facing domestic violence charges might also contend with court martial proceedings, adding another layer of complexity to their employment situation.
Can I be charged with domestic violence even if the alleged victim doesn't want to press charges?
Yes, in Colorado Springs, domestic violence charges can be pursued by law enforcement and prosecutors even if the alleged victim does not wish to press charges. Once law enforcement becomes aware of a potential domestic violence incident, they have the authority to investigate and pursue charges independently of the victim’s wishes. When the police are called to a domestic violence situation, their first step is to determine if there is probable cause—a reasonable belief that a crime has occurred. If such grounds exist, Colorado’s mandatory arrest laws require that the suspect be arrested promptly, ensuring swift action without undue delay. Following an arrest:
- Protection Order: A mandatory protection order is immediately enforced. This order prevents the accused from contacting the victim, aiming to ensure their safety as the investigation unfolds. Violating this order can lead to additional legal consequences.
- Prosecutorial Decision: It’s important to note that the decision to press charges rests with the prosecutor. While the victim’s preferences may be taken into account, the ultimate decision lies with the prosecution team, ensuring that justice is pursued in the public interest.
What factors will the court consider when determining the outcome of my case?
When determining the outcome of a domestic violence case, the court will consider various factors, including the severity of the alleged offense, any prior criminal history, the presence of any aggravating or mitigating circumstances, and the recommendations of the prosecution and defense.
How can a lawyer help me with my domestic violence case?
A lawyer can provide invaluable assistance throughout every stage of your domestic violence case. From conducting a thorough investigation and gathering evidence to crafting a strategic defense strategy and advocating on your behalf in court, an attorney will work tirelessly to protect your rights and achieve the best possible outcome for your case.
Is it possible to have domestic violence charges dismissed or reduced?
Yes, it may be possible to have domestic violence charges dismissed or reduced with the help of an experienced attorney. Depending on the circumstances of your case, your attorney may be able to negotiate with prosecutors, challenge the evidence against you, or present mitigating factors to the court to achieve a favorable outcome.
Colorado Springs Domestic Violence Lawyers Client Story
This client story is for educational purposes only.
In the quiet streets of Colorado Springs, Cameron found himself in a whirlwind of confusion and fear. His heart pounded with anxiety as he sat in a cold, sterile room, his mind replaying the events that led to his arrest for domestic violence against his girlfriend. As the weight of the charges pressed down on him, Cameron felt lost and alone, unsure of where to turn for help.
But then, like a beacon of hope cutting through the darkness, Cameron discovered The Law Firm of Mark S. Hanchey and Ben Peterson. From the moment he stepped into their office, he knew he was in good hands. Mark Hanchey, a seasoned criminal defense lawyer with a reputation for compassion and experience, listened intently as Cameron poured out his story, his fears, and his hopes for the future.
With Mark by his side, Cameron embarked on a journey of legal advocacy and support unlike any other. Mark took the time to understand every detail of Cameron’s case, leaving no stone unturned in his pursuit of justice. He meticulously reviewed the evidence, interviewed witnesses, and crafted a defense strategy tailored to Cameron’s unique situation.
As the trial date approached, Cameron felt a mix of nerves and anticipation. But with Mark by his side, he found the strength to face the courtroom with courage and resolve. Mark’s unwavering dedication and experience shone through as he presented Cameron’s case, dismantling the prosecution’s arguments with precision and passion.
And then, in a moment that seemed to hold the breath of the entire courtroom, the verdict was announced: not guilty. Tears of relief streamed down Cameron’s face as he realized that he had been vindicated, his innocence proven beyond a shadow of a doubt. And standing beside him, with a reassuring hand on his shoulder, was Mark Hanchey, the guide who had led him through the storm and into the light.
Today, Cameron is grateful for the second chance he’s been given, and he knows that none of it would have been possible without the unwavering support and experience of The Law Firm of Mark S. Hanchey and Ben Peterson.
If you’ve been arrested for domestic violence in Colorado Springs, CO, you don’t have to face this challenging time alone.
The Law Firm of Mark S. Hanchey and Ben Peterson is here to provide you with the compassionate and experienced legal representation you need to navigate the complexities of the legal system.Free Consultations Available
We understand the fear and uncertainty that comes with facing domestic violence charges, which is why we offer free consultations to individuals in need of legal assistance. During your consultation, we will listen to your story, assess the details of your case, and provide you with clear and honest guidance regarding your legal options.
Dedicated Advocates for Your Rights
At The Law Firm of Mark S. Hanchey and Ben Peterson, we are committed to fighting tirelessly on behalf of our clients. Our experienced criminal defense lawyers will work diligently to investigate your case, gather evidence, and craft a strategic defense strategy tailored to your unique circumstances. We will advocate fiercely for your rights every step of the way, striving to achieve the best possible outcome for your case.
Contact Us Today
Don’t wait to seek the legal representation you need. Contact The Law Firm of Mark S. Hanchey and Ben Peterson today to schedule your free consultation. Let us put our experience and dedication to work for you and help you navigate this challenging time with confidence.
Client Reviews
Hanchey has been amazing through the whole process of my case I have to say, he set my mind at ease through the whole process. I highly recommend him any day. He has gone above and beyond for me making sure I know everything.
