Is domestic violence a felony or a misdemeanor in Colorado?

Domestic violence (DV) is not an independent crime in Colorado. Instead, DV “enhances” the punishment of any underlying felony or misdemeanor offense committed between past or present spouses or significant others.

For example, a plain assault occurs when you physically harm someone. Though it becomes domestic violence assault if you and the victim were in an “intimate” relationship, such as marriage or dating.

Keep reading to learn more about DV crimes, penalties, and defenses in California.

Common Domestic Violence Crimes

Five of the most common crimes that I see get charged with a “DV enhancement” include:

1. Assault – intentionally causing physical injury to someone;
2. False imprisonment – detaining someone unlawfully;
3. Child abuse – harming a child;
4. Unlawful sexual contact – unwanted sexual groping; and
5. Menacing – placing someone in fear of being assaulted.

All five of these offenses can be misdemeanors or felonies in Colorado, depending on whether you have prior convictions, caused serious injury, or used a deadly weapon.

Another DV crime I routinely see is stalking, though this is always a felony. Stalking is when you make a credible threat and repeatedly follow or contact the victim.

Harassment, which is always a misdemeanor (or a petty offense), is also a typical DV crime. This is defined as annoying someone through repeated contact or taunting.

Consequences of a DV Charge

Firstly, Colorado police officers are required to arrest you if they have probable cause to suspect you committed domestic violence, whether as a misdemeanor or a felony. This is because Colorado is a “mandatory arrest” state: It makes no difference if the alleged victims:

• deny they were abused or
• recant their domestic abuse allegations.¹

Secondly, a DV-related charge triggers a protection order requiring you to avoid the victim as well as abstain from alcohol and surrender your guns.²  (Violating a protective order is its own misdemeanor crime, typically carrying up to $1,000 and/or 364 days in jail.)³

Then, if you get convicted of the underlying criminal charge, the judge may extend the restraining order and require that you complete a domestic violence treatment program.

Penalties for Underlying Charges

The above DV consequences are all in addition to the penalties for the underlying crime (such as assault, stalking, etc.). These punishments typically include:

• fines,
• jail or prison time,
• restitution,
• counseling/treatment, and/or
• community service.⁴

Felonies carry a minimum of one year in prison (though many felonies are probationable). Meanwhile, misdemeanors have no mandatory minimum jail term at all.⁵

With regard to gun rights, felony domestic violence convictions always result in a firearms ban. As for misdemeanor domestic violence convictions, you lose your gun rights only if the crime involved force (or threats of force) such as assault.⁶

Habitual Domestic Violence Offenders

If you pick up your fourth conviction involving domestic violence, you face an additional criminal charge of being a habitual domestic violence offender. This is a class 5 felony, carrying:

• 1 to 3 years in Colorado State Prison (with a mandatory 2-year parole), and/or
• a fine of $1,000 to $100,000.⁷

The purpose of habitual domestic violence charges is to punish serial offenders and to deter people from re-offending.

How to Fight Domestic Violence Enhancements

The best way to get a Colorado DV enhancement dropped is to show that you and the alleged victim were not current or former spouses or intimate partners. However, even if the DV enhancement gets dropped, you will still face charges for the underlying crime.

Example: Jim is charged with domestic violence assault for allegedly hitting his ex-girlfriend Natalie. If Jim can show that he and Natalie were never dating, Jim would still face assault charges but without the DV enhancement.

The best way to fight charges for the underlying crime depends on the specific allegations. Common defenses include that:

• you acted in lawful self-defense,
• the incident was an accident, or
• the victim falsely accused you.

If I can persuade the D.A. to dismiss the underlying charge, then your domestic violence enhancement automatically disappears. Typical evidence I rely on in DV-related cases includes:

• surveillance video footage,
• medical records,
• medical and forensic expert testimony,
• eyewitness accounts,
• police reports,
• GPS records, and
• recorded communications (such as texts, voicemails, emails, written notes, etc.).

As long as the district attorney cannot prove guilt beyond a reasonable doubt, your DV charge cannot stand.

Record Seals

The only DV-related convictions that can be sealed from your Colorado criminal record are municipal court cases. You have to wait three years after the case closes to petition for a seal. Meanwhile, you can never seal:

• any felony DV-related convictions or
• any misdemeanor DV-related convictions out of the justice (county) court.

However, if your DV case gets dismissed, then you can petition to seal it right away. It does not matter what court it was in or whether it was a felony or a misdemeanor.⁸

This is why it is so important to retain an attorney to fight to get your DV-related charges dismissed. A conviction mars your record for life.

If You Are the Victim of Domestic Violence

Victims of domestic violence offenses can seek help and support by calling the National Domestic Violence Hotline at 1 (800) 799-7233 or text START to 88788.

Frequently Asked Questions

Can the alleged victim drop the domestic violence charges?

No. In Colorado, only the District Attorney has the power to drop or dismiss criminal charges. Because Colorado has strict mandatory arrest policies, prosecutors will often pursue a case even if the alleged victim recants their statement, refuses to testify, or asks for the charges to be dropped.

What is an “intimate relationship” in Colorado?

Colorado law broadly defines an intimate relationship. It includes current and former spouses, unmarried couples who currently or previously lived together, and people who are currently dating or have dated in the past. It also automatically applies to anyone with whom you share a child, regardless of your relationship history.

Will a domestic violence conviction take away my gun rights?

Yes, in many cases. If you are convicted of any felony domestic violence charge, you will face a lifetime ban on owning or possessing firearms.

If you are convicted of a misdemeanor domestic violence charge, you will still lose your gun rights if the underlying crime involved the use, or threatened use, of physical force (such as assault).

Can a domestic violence conviction be sealed from my criminal record?

Generally, no. Felony and misdemeanor domestic violence convictions handled in state or county courts can never be sealed in Colorado—they will remain on your record for life.

However, if your defense attorney can get the charges completely dismissed, you can petition to seal the arrest record immediately.

Can I get a domestic violence enhancement for emotional or financial abuse?

Because domestic violence is a sentence enhancement and not a standalone charge, you can only be charged if you commit an underlying criminal offense. While emotional or financial abuse can be factors in a relationship, you must be charged with a specific crime—such as harassment, menacing, or criminal mischief (damaging property)—for the domestic violence enhancement to apply.

Further Reading

For more information, see our related articles:

• Does Colorado mandatory reporting apply to domestic violence?
• Is domestic violence a felony or a misdemeanor in Colorado?
• How can I get an expungement of a domestic violence conviction in Colorado?
• What class of crime is domestic violence in Colorado?
• Domestic Violence Classes in Colorado – What if I don’t do them?

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Legal References