Facing domestic violence charges in Colorado can be an overwhelming and confusing experience. Individuals accused of domestic violence often ask, “Is domestic violence considered a felony or a misdemeanor?” The answer isn’t always straightforward, as Colorado law classifies domestic violence differently depending on the specific circumstances involved. Understanding the distinctions between misdemeanor and felony domestic violence charges is essential if you’ve been accused in Denver or anywhere throughout Colorado.
At Baker Law Group, PLLC, we understand the complexities surrounding domestic violence charges. Our experienced Denver domestic violence lawyers are committed to providing clear guidance and aggressive representation to protect your rights and future.
How Colorado Defines Domestic Violence
Under Colorado law, domestic violence isn’t a standalone criminal offense; rather, it functions as an enhancement to other charges when a criminal act involves an intimate partner. Colorado Revised Statutes (C.R.S.) § 18-6-800.3 defines domestic violence as:
“an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. ‘Domestic violence’ also includes any other crime against a person or against property… when used as a method of coercion, control, punishment, intimidation, or revenge.”
Because domestic violence is classified as a sentencing enhancer, it can accompany numerous charges ranging from harassment and assault to stalking and criminal mischief. Whether these charges are considered felonies or misdemeanors depends on the underlying crime committed.
Misdemeanor Domestic Violence Charges in Colorado
In Denver and throughout Colorado, domestic violence often begins as a misdemeanor. Common misdemeanor charges associated with domestic violence include:
Third-Degree Assault 
Third-degree assault involves knowingly or recklessly causing bodily injury to another person. In a domestic context, even minor injuries such as bruises, scratches, or pain can result in third-degree assault charges. Typically, this offense is classified as a Class 1 misdemeanor and carries penalties including:
- Up to 364 days in jail
- Fines up to $1,000
- Mandatory domestic violence counseling or classes
- Probation and restraining orders
Harassment
Harassment charges are common in domestic disputes and involve actions such as pushing, shoving, striking without injury, repeated unwanted contact, or threats meant to alarm or annoy the alleged victim. This typically constitutes a Class 2 misdemeanor, punishable by:
- Up to 120 days in jail
- Fines up to $750
- Mandatory counseling
- Probation and protective orders
Criminal Mischief (Property Damage)
Damaging or destroying property belonging to an intimate partner, such as breaking a phone or damaging a car, frequently leads to misdemeanor criminal mischief charges if the property damage is valued under $2,000. Penalties often include:
- Jail time
- Fines and restitution payments
- Mandatory anger management or domestic violence counseling
Even misdemeanor domestic violence charges can have significant long-term impacts, including difficulties in employment, housing, and custody disputes.
Felony Domestic Violence Charges in Colorado
Domestic violence escalates to felony status when the underlying criminal charges become more serious. Several situations in Colorado lead to felony charges enhanced by domestic violence:
Second-Degree Assault
Second-degree assault occurs when serious bodily injury or injuries involving a deadly weapon occur during a domestic dispute. Examples include injuries requiring hospitalization or those caused intentionally or recklessly by a dangerous weapon. Second-degree assault is a felony and carries significant penalties, such as:
- Prison sentences ranging from 2 to 16 years
- Mandatory parole periods
- Substantial fines and restitution
- Lifetime impact of a felony conviction
First-Degree Assault
First-degree assault, the most severe level, involves intentionally causing serious bodily harm to an intimate partner using a deadly weapon or causing severe bodily harm with extreme indifference. Convictions can result in severe punishments, including:
- Prison sentences from 10 to 32 years
- Significant fines
- Mandatory parole
- Permanent felony criminal record
Stalking and Repeat Domestic Violence Offenders
Stalking and habitual domestic violence offenses can quickly elevate charges from misdemeanors to felonies. If an individual has three prior domestic violence convictions, Colorado prosecutors can pursue habitual domestic violence charges, resulting in a Class 5 felony, punishable by:
- Prison sentences up to three years
- Significant fines
- Long-term probation requirements
Domestic Violence and Strangulation
Colorado treats strangulation attempts extremely seriously. Strangulation or attempted strangulation during a domestic violence incident is automatically considered second-degree assault, a felony with severe consequences.
Collateral Consequences of Domestic Violence Convictions
Beyond jail time, fines, and probation, individuals convicted of domestic violence—whether felony or misdemeanor—face serious collateral consequences, such as:
- Loss of firearm ownership rights under federal and Colorado law
- Difficulty obtaining employment or professional licensing
- Impact on child custody and visitation rights
- Immigration consequences, including deportation or loss of residency status
- Mandatory enrollment in domestic violence offender treatment programs
Given these long-term impacts, it’s crucial to secure a strong legal defense as soon as possible.
Defenses to Domestic Violence Charges
While domestic violence charges carry severe penalties, skilled defense attorneys at Baker Law Group, PLLC can help clients explore numerous defenses to protect their rights, including:
- Self-defense or defense of others
- False accusations or exaggerated claims
- Insufficient evidence to support allegations
- Violation of constitutional rights during the arrest or investigation
An experienced Denver domestic violence lawyer can carefully evaluate your situation and significantly influence the outcome of your case.
Contact a Denver Domestic Violence Lawyer
If you’ve been accused of domestic violence in Denver, the consequences can change your life forever. Whether your charges are misdemeanors or felonies, seeking qualified legal assistance immediately is critical.
At Baker Law Group, PLLC, our skilled Denver domestic violence lawyers are dedicated to guiding you through this challenging process. Our team will analyze every detail of your case, strategize an aggressive defense, and pursue the most favorable outcome possible. Contact us today to schedule a consultation.
