A criminal conviction for a crime that is considered to be Domestic Violence usually results in a service member being discharged from the military. Learn about the Military Domestic Violence consequences and how they can impact your life.
Colorado Springs is surrounded by military bases, Fort Carson Army Post, Schriever Space Force, Peterson Space Force Base, United States Air Force Academy, and North American Aerospace Defense Command (NORAD).
Being in a city surrounded by 5 military bases, the Law Offices of Clifton Black, PC (719) 328-1616, has represented countless service members when they are charged with a crime that is considered Domestic Violence. If you find yourself in this situation, it is important to contact us immediately so that we can begin protecting you and your career without delay. Our firm is aggressive in modifying protection orders (as discussed below) so that the service member can return to the home. We are also aggressive in identifying potential defenses that our clients may have. We offer free initial consultations for these types of criminal charges.
Understanding the Lautenberg Amendment
The Lautenberg Amendment to the Gun Control Act of 1968 makes it a felony offense for any person convicted of a crime of domestic violence to ship, transport, possess, or receive firearms or ammunition. Without the ability to possess a weapon, being in the military is generally not an option. It is important to have an attorney on your side who understands Military Domestic Violence consequences, and the seriousness of the charges. We will work diligently to protect your career.
What is Domestic Violence?
In Colorado, state statute defines Domestic Violence as an act or threatened act of violence against a spouse, significant other, or even an ex, when there has been an intimate relationship. Typical charges are related to crimes against a person, property crimes or crimes against animals, if used as a method of coercion, control, intimidation, revenge, or punishment. Domestic violence can be charged regardless of the alleged victim being a current spouse or partner or an ex-spouse or ex-partner, regardless of ever being married or not.
Types of Charges related to Domestic Violence
When a person is charged, they are often charged with several charges that can be misdemeanors or felonies, depending on the actual charge or the seriousness of the charge. The most common types of charges related to domestic violence include:
- harassment
- assault
- criminal mischief (damage of property)
- menacing (threatening a person)
- telephone obstruction
- false imprisonment & kidnapping
- child abuse (even if the child is merely present), and
- stalking
Other Charges Related to Domestic Violence
Less common charges are:
- theft
- identity theft
- vehicular assault
- arson
- burglary
- revenge porn (posting nude or semi-nude pictures of an ex-partner or spouse)
- fraud
- forgery
- animal cruelty
- sexual assault
- murder, and
- other charges
Duties of Police Officers
When a couple is arguing or fighting, one party may elect to call the police. Often, the party calling the police is expecting the police to come out and merely calm the parties down, perhaps ask one party to temporarily leave or assist a person in temporarily leaving, or otherwise deescalate the situation. Unfortunately, and often a surprise to both parties, the police end up charging one or both of the parties, taking the charged person(s) to jail.
Colorado Statute requires a police officer investigating a domestic violence allegation to make an arrest when the officer determines there is probable cause to believe that a crime has been committed. The police officer does not have much discretion and must perform the arrest without delay when allegations of military domestic violence occur.
Because the law is so broad, it is easy to commit an act that is a crime under Colorado’s criminal statutes, people are often arrested on minor misdemeanor charges up to the most serious felony charges.
When a person is arrested for Domestic Violence in Colorado, that person is not able to bond out until the charged person is brought in front of a judge.
Protection Orders
One of the hardships of being charged with a crime that is considered Domestic Violence is that a Mandatory Protection Order is automatically put in place. Although a Protection Order is put in place in all criminal cases, preventing the defendant from harassing, molesting, intimidating, threatening, or retaliating against alleged victims and witnesses, it is more encompassing in Domestic Violence cases.
For example, in Domestic Violence cases, the initial Protection Order prevents the accused from returning to a shared residence or having any contact with the alleged victim, which includes communicating with the alleged victim through a third party, social media, or any other means.
This creates a hardship for the accused because they may not have a place to live while the Protection Order is in place. Also, they are not permitted to communicate with the alleged victim, which is often a current spouse or partner. This creates a hardship when the couple has children that need care, bills that need to be paid, and other household matters that need to be dealt with.
An exception to not being allowed to communicate through another party is that an attorney can communicate with the alleged victim for necessary communications. This would include issues related to caring for the children or handling household expenses. In addition, the defendant’s attorney can talk to the alleged victim about amending the protection order, allowing the defendant to return to the shared home and resume normal, peaceful communications.
Representing the Client
When we have a client charged with Military Domestic Violence, we immediately begin working on the case. If the client is in custody, we focus on the bond, arguing for a reduction if the bond amount is unreasonably high or seeking a personal recognizance bond (being bonded out without being required to post a cash bond).
Once the client is out of jail, we determine if amending the Protection Order is an option. This involves reaching out to the alleged victim and discussing the possibilities of amending the protection order. The alleged victim’s position on amending the Protection Order is something the court wants to see.
Also, at the beginning of the case, the discovery is requested. The discovery includes items such as police reports, statements by the alleged victim, the defendant, witnesses, videos, recordings, pictures, police body cam, etc.). The discovery is reviewed in its entirety so the attorney can evaluate the case, looking to see if the elements of the alleged crime can be proved by the district attorney, if the case can be dismissed, and working towards a resolution.
In many situations, a resolution can be reached that will protect the client’s best interest. This can include a dismissal, a non-DV plea, a plea that can be dismissed in the future preventing further military domestic violence repercussions, a plea to a reduced charge, or in more serious cases, trying to reduce or eliminate jail time.
Defenses
While reviewing the discovery, the attorney focuses on the potential defense in the case. Potential defenses can aid in reaching a favorable dissolution of the case, that could range from a complete dismissal, reduction in the charges, a plea to lesser offenses, or a plea that can result in a future dismissal.
Often, defendants have affirmative defenses of their actions. An affirmative defense is a defense that provides justification for the person’s actions that would otherwise be considered criminal. The accused may have been in a position where they needed to defend themselves (self-defense), defend another party (defense of others), protect property from being damaged (defense of property), and even special relationships. For example, in a self-defense claim, if the defendant is being attacked by the alleged victim, and the defendant is not the initial aggressor, and the defendant is in fear of death or bodily injury, and the defendant uses a reasonable amount of self-defense, charge for assaulting the alleged victim may be justified.
To use an affirmative defense, the defendant has to put the prosecution on notice and provide some credible evidence that the affirmative defense was necessary.
Importance of Legal Representation
If you have been charged with Domestic Violence, it is important to obtain the services of a well-qualified attorney who will ensure that the evidence is thoroughly reviewed, all defenses are considered, and an attorney who will take the time to provide the best representation possible.
If you are charged with Domestic Violence, the Law Offices of Clifton Black, PC offers free initial consults. You can call the office anytime to schedule. (719) 328-1616
