|Domestic Violence crimes Against Property|
There are many different types of property crimes that can be charged under the Colorado domestic violence law.
Keep in mind, though, that unlike domestic violence crimes against a person, a property crime can’t be proven to be domestic violence unless it was not only committed against a person with whom you were involved in an intimate relationship, but also proven that you committed it as a method of coercing, controlling, punishing, intimidating, or getting revenge against your partner or ex. A DV defense attorney will always fight hard against the allegation that DV property crimes were committed for one of these purposes. This is because the DV label determines whether you will have to complete domestic violence therapy and whether you will be subject to all the other special laws that increase criminal sentences for acts of domestic abuse.
Any property crime, from theft to fraud to criminal tampering to animal cruelty can be charged as domestic violence if the police believe that the crime was done to hurt or control your partner. However, the property crimes most commonly charged under the Colorado domestic violence laws are:
Criminal mischief means damaging property belonging to another person. Criminal mischief will also be charged if a person damages or destroys property they share with another person. Criminal mischief is one of the most common domestic abuse charges because it is applied to something as simple as breaking a household item in frustration during an argument with a partner or spouse. While criminal mischief is a fairly low-level misdemeanor, when the domestic violence enhancer is attached to it, the consequences become very serious. If you are charged with misdemeanor criminal mischief, you should consult with an experienced defense attorney immediately. A criminal defense lawyer specializing in the defense of domestic violence cases will know whether an incident that seems small to you might actually carry very serious consequences.
There are several different kinds of criminal trespass ranging from serious felony trespass to misdemeanor trespass. Basically, criminal trespass means entering or remaining on another person’s property when you have been asked to leave or when you know you have no permission to be there. Criminal trespass is most commonly charged as domestic violence when a couple has a fight or argument and one person refuses to leave or returns after being told to leave. Like criminal mischief, criminal trespass may seem to you to be a minor incident but can have very serious consequences if it is charged under the Colorado domestic violence law.
Definition of Burglary
Burglary is charged when a person commits a trespass with the intent to commit a crime inside the property. Most people think of burglary as involving stealing or theft, but when burglary is charged as domestic violence, it usually does not. The most common way that burglary is charged as DV is, like criminal trespass, when a couple has a fight or argument and one person refuses to leave or returns after leaving. When the police believe that the person’s intent is to return for the purpose of assaulting, harassing, destroying property, or committing any other crime, the police arrest that person for burglary rather than trespass. Burglary is always a felony and always a very serious accusation.