Common Defenses to Domestic Violence Charges
November 16, 2024
Even though the media may stress that domestic violence increases over the holidays, domestic violence advocates and research tell a different story.
Overall, domestic violence does not increase over the holidays. In fact, it may actually decrease a bit. Depending on whom you ask and where you collect your data, there may be spikes in domestic violence, but there are usually other factors to consider. And increases in holiday domestic violence are the exceptions instead of the rule.
It makes [...]
Though many people are aware that federal law restricts felons from owning firearms, they may not be aware that Colorado also restricts the gun rights of individuals convicted of domestic violence crimes—even if the offense was a misdemeanor.
In 2013, Colorado passed a law preventing convicted domestic abusers from purchasing guns. If a misdemeanor domestic violence charge shows up on a background check, gun retailers cannot sell that person a firearm.
The law also made it illegal for offenders to [...]
Domestic violence is a crime that occurs behind closed doors—both the closed doors of a shared dwelling and the closed doors of the domestic abuser’s mind.
The psychology of a domestic abuser is different from other violent criminals. Often the abuser has no history of violent crime, and his sudden acts of aggression can seem uncharacteristic to his partner, family, and community.
A new study from the psychology research lab at Northwestern has shed some light on the mind of [...]
Law enforcement officials, government agencies, and the general public acknowledge that domestic violence is a serious problem affecting women and men who are married or in a romantic relationship. However, domestic violence can occur between two people in any type of relationship—including those in gay and lesbian relationships.
Studies have found that domestic violence between gay and lesbian couples occurs at rates that are comparable to those of straight couples. Now that same-sex marriage has been legalized and the public [...]
Imagine you are in a fight with your spouse. Things get out of hand, and he or she threatens you with a knife. After unsuccessfully trying to defend yourself with words, you may feel you have no choice but to use physical force to prevent yourself from being injured or killed. You assume you are justified in your actions because you are acting in self-defense, so it comes as a nasty shock when police officers arrive on the scene and [...]
Facing a domestic violence charge can feel overwhelming and intimidating. Allegations of violence against a family member or intimate partner carry serious weight, and a conviction can have severe consequences, including jail time, fines, restraining orders, and a damaged reputation. However, an accusation is not the same as a conviction. Numerous defense strategies can be used to help clear your name, reduce charges, or, in some cases, dismiss the case entirely.
Below, we discuss some of the most common defenses [...]
You’re out with friends, having a good time at your favorite bar when a heated argument suddenly turns into a bar fight. Maybe you were just defending yourself, but what seemed like a minor scuffle could lead to serious legal consequences. Believe it or not, a bar fight can result in felony charges. While these altercations may seem trivial, the legal aftermath is anything but. Can a seemingly minor incident lead to serious felony charges? Let’s break it down and [...]
In Colorado, marijuana possession laws can be complex and nuanced. While the state has legalized both medical and recreational use of cannabis, there are still specific regulations and restrictions in place. Whether you’re enjoying cannabis recreationally or using it for medical reasons, it’s important to stay within the limits of the law. And if you find yourself on the wrong side of these laws, having an attorney like Jacob E. Martinez on your side can make all the difference.
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