Attorney
Reviewed by Ryan Markus, Fort Collins criminal defense attorney and former Colorado State Public Defender.
Domestic violence is a designation in Colorado, not a separate crime. It covers an act or threatened act of violence against someone the actor is or has been in an intimate relationship with, or another crime against a person or property used to coerce, control, punish, intimidate, or take revenge on that person. Charges range from petty offense to felony.
A domestic violence charge can feel out of proportion to what happened, especially when it started as an argument. You don’t have to sort it out alone.
Under C.R.S. 18-6-800.3, domestic violence means an act or threatened act of violence against a person with whom the actor is or has been in an intimate relationship. It also covers any other crime against a person or property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against that person. The charges below differ in what the person did, the mental state required, and the classification. C.R.S. 18-6-801 then adds sentencing rules once the court finds domestic violence on the record.
Unfortunately, domestic violence cases usually begin in the worst day or night of a person’s relationship. It can be emotionally exhausting and overwhelming. That being said, the first forty-eight hours can be an incredibly important period in ensuring your rights are protected. Collecting evidence, interviewing necessary witnesses and consulting with relevant experts can ensure your future is protected.
Comparing the charges
This table compares charges that can carry a domestic violence designation, with the classification each statute states.
| Charge | C.R.S. | Classification (statute text) | Penalty range | Full article |
| Domestic violence sentencing rules | 18-6-801 | Class 2 misdemeanor for failing to relinquish firearms or file the required declaration; class 5 felony for a misdemeanor with three or more qualifying priors | See the full article | Article coming soon |
| Violation of a protection order | 18-6-803.5 | Class 2 misdemeanor; class 1 misdemeanor in listed situations, such as an intimate relationship | Class 2 misdemeanor: up to 120 days in jail, a fine up to $750, or both; Class 1 misdemeanor: up to 364 days in jail, a fine up to $1,000, or both | Read the article |
| Third-degree assault | 18-3-204 | Class 1 misdemeanor | Class 1 misdemeanor: up to 364 days in jail, a fine up to $1,000, or both | Article coming soon |
| Menacing | 18-3-206 | Class 1 misdemeanor; class 5 felony if a firearm, knife, or bludgeon, real or simulated, is used | Class 1 misdemeanor: up to 364 days in jail, a fine up to $1,000, or both; Class 5 felony: 1 to 3 years in prison | Read the article |
| Harassment | 18-9-111 | Class 1 misdemeanor, class 2 misdemeanor, or petty offense, depending on the subsection | From petty offense (a fine up to $300, up to 10 days in county jail, or both) to class 1 misdemeanor (up to 364 days in jail, a fine up to $1,000, or both) | Article coming soon |
| Stalking | 18-3-602 | Class 5 felony; class 4 felony within seven years after a prior offense with a conviction, or if a court order prohibited the behavior | Class 5 felony: 1 to 3 years in prison; Class 4 felony: 2 to 6 years in prison | Article coming soon |
Felony ranges are presumptive; some circumstances change them. Penalty ranges for Title 18 classifications from the verified penalty table (C.R.S. 18-1.3-401, 18-1.3-501, 18-1.3-503). “See the full article” marks a charge the table doesn’t cover (another title’s penalties, or a tier it can’t price); its penalties are in its article.
Domestic violence charges are not limited to the crimes listed above and can even include circumstances where there was no physical contact!
Domestic violence sentencing rules (C.R.S. 18-6-801)
This section adds consequences to another crime once the court finds on the record that the facts include an act of domestic violence. It also creates two penalties of its own.
Subsection (1)(a) requires a treatment evaluation and treatment program after conviction (a person on probation transferred under the interstate compact follows the supervising state’s requirements), and subsection (2) says it does not apply to persons sentenced to the department of corrections. Subsection (3) limits pleas to an offense without the designation. Under subsection (8), the court shall order firearm relinquishment in some cases, and failing to timely transfer or sell a firearm, or to file the signed declaration or written statement, is a class 2 misdemeanor under (8)(i)(A). Under subsection (7), a misdemeanor that includes an act of domestic violence can become a class 5 felony based on prior convictions, under the conditions explained below.
Violation of a protection order (C.R.S. 18-6-803.5)
This charge applies after a person identified as the restrained person in a protection order has been personally served with it, or has acquired actual knowledge of its contents from the court or law enforcement personnel. The person then does something listed in subsection (1), such as contacting, touching, or coming within a specified distance of the protected person.
The offense is a class 2 misdemeanor. It becomes a class 1 misdemeanor if there is a prior conviction for violating this section, a former version of it, or an analogous municipal ordinance, if the order was issued under 18-1-1001, or if the order involved an allegation of stalking or the parties were in an intimate relationship. A sentence must run consecutively to a sentence for a crime involving domestic violence or a crime listed in 24-4.1-302, with exceptions.
Read more: what a protection order violation requires
Third-degree assault (C.R.S. 18-3-204)
Third-degree assault under subsection (1)(a) involves causing bodily injury to another person. The person must act knowingly or recklessly, or with criminal negligence if the injury is caused by means of a deadly weapon.
Knowingly means being aware the conduct is of that nature or that the result is practically certain. Recklessly means consciously disregarding a substantial and unjustifiable risk. Subsection (1)(b) is a separate form: with intent to harass, annoy, threaten, or alarm someone the person knows or reasonably should know is a peace officer, firefighter, emergency medical care provider, or emergency medical service provider, the person causes them to come into contact with listed bodily fluids or toxic, caustic, or hazardous material.
Menacing (C.R.S. 18-3-206)
Menacing does not require injury. The person knowingly places or attempts to place another person in fear of imminent serious bodily injury, by any threat or physical action.
The charge rises to a class 5 felony if it is committed by the use of a firearm, knife, or bludgeon, or a simulated firearm, knife, or bludgeon.
Read more: the full guide to menacing
Harassment (C.R.S. 18-9-111)
Harassment requires intent to harass, annoy, or alarm another person. The statute lists many acts, including striking, shoving, or kicking, following in a public place, and communications by electronic means intended to harass or threaten bodily injury or property damage.
Violating subsection (1)(a), (1)(c), or (1)(i) is a class 1 misdemeanor. Violating (1)(e), (1)(f), (1)(g), or (1)(h) is a class 2 misdemeanor. Violating (1)(b), obscene language or gestures in a public place, is a petty offense. A bias-motivated violation of any part of subsection (1) is a class 1 misdemeanor.
Stalking (C.R.S. 18-3-602)
Stalking requires that the person knowingly act directly, or indirectly through another person. Under subsections (1)(a) and (1)(b), the person makes a credible threat and, in connection with it, repeatedly follows, approaches, contacts, places under surveillance, or communicates. Under (1)(c), repeated conduct would cause a reasonable person serious emotional distress and does cause it.
A first offense is a class 5 felony. It is a class 4 felony for a second or later offense within seven years after the date of a prior offense for which the person was convicted, or if a protection order, bond condition, or other court order prohibiting the behavior was in effect.
How a charge can change as the case goes on
The label and the charge are separate. Under 18-6-801(3), a person charged with a crime whose factual basis includes an act of domestic violence may not plead guilty or no contest to an offense without the domestic violence designation, unless the prosecutor makes a good faith representation on the record that a prima facie case of an intimate relationship could not be established at trial, and the court makes a finding on that. The record and findings must specify the relationship and the reasons.
A misdemeanor can also become a felony. Under 18-6-801(7), a misdemeanor that includes an act of domestic violence is a class 5 felony if, at sentencing, the defendant has three or more prior convictions for offenses that included an act of domestic violence, separately brought and tried and arising out of separate criminal episodes. The prior convictions must be set forth in the indictment or information.
What a domestic violence finding adds
After a conviction with a domestic violence finding, 18-6-801(1)(a) requires a treatment evaluation and treatment program, and under (2) that does not apply to a person sentenced to the department of corrections. Under 18-6-801(8), if the court finds a misdemeanor crime of domestic violence as defined in federal law, or an offense punishable by more than one year that includes an act of domestic violence, it shall order the person not to possess or purchase firearms or ammunition until the sentence is satisfied and to relinquish them. The federal firearm ban for a domestic violence misdemeanor does not end when the sentence ends. A conviction with a domestic violence finding generally cannot be sealed outside exceptional circumstances. If you need help sorting out which rules apply, talk to a lawyer early.
Frequently asked questions
Is domestic violence a crime by itself in Colorado?
No. Under C.R.S. 18-6-800.3, it is a designation added to another crime. The underlying offense, such as assault, menacing, or harassment, generally sets the classification, though 18-6-801(7) can raise a misdemeanor to a class 5 felony. Section 18-6-801 adds sentencing consequences.
Can domestic violence be charged as a felony?
It can, depending on the underlying charge. Menacing with a real or simulated firearm, knife, or bludgeon is a class 5 felony, and stalking is a felony. Under 18-6-801(7), a domestic violence misdemeanor can also become a class 5 felony with three or more prior domestic violence convictions that meet the conditions described above.
What is the difference between assault and menacing?
Third-degree assault under 18-3-204(1)(a) involves causing bodily injury, with a required mental state. Menacing involves knowingly placing or attempting to place another person in fear of imminent serious bodily injury, with no injury required.
Can I be charged for contacting someone protected by a protection order?
You can if the order identifies you as the restrained person, you were personally served with it or acquired actual knowledge of its contents from the court or law enforcement personnel, and you then did something listed in 18-6-803.5(1), such as contacting or touching the protected person. It is not a defense to the violation that the person has consented or agreed to the contact.
What are the consequences of a domestic violence plea?
In addition to the criminal consequences, domestic violence convictions have collateral consequences. You may be prohibited from possessing or owing firearms for the rest of your life. You may be prevented from obtaining certain licenses or engaging in certain professions. Understanding these consequences is an extremely important part of any case and an attorney with Markus Law will make sure you always know what you’re getting into.
Related topics
Talk to Markus Legal about your charge
If you or a family member faces a domestic violence charge in Fort Collins or Larimer County, contact us or call 970.698.5334 for a confidential consultation.This article provides general information about Colorado law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change; consult an attorney