Aggravated Domestic Violence Charges in Colorado: Defense Strategies for Denver & Colorado Springs

The legal and personal stakes involved in assault cases with a domestic violence (DV) designation are immense. Sometimes referred to as aggravated assault, these serious criminal charges are prosecuted with the full weight of the law. With so much on the line, having a strong defense from the start is critical. 

A Strategic Advantage

When you’re up against assault charges related to domestic violence, you need more than just a defense—you need insight into how the prosecution thinks. Many of our lawyers are former prosecutors. They can anticipate the strategies the state will use against you and expose weaknesses in its evidence.

Local Knowledge of Colorado Courts

Our team regularly defends clients in state and federal courts along the Front Range, including Adams, Arapahoe, Boulder, Denver, Douglas, El Paso, Jefferson, and Pueblo Counties. Our team’s knowledge of the local courts, judges, and procedures is a powerful asset in building you a strong case.

Proven Experience You Can Trust

Our domestic assault attorneys have achieved positive outcomes for many people facing misdemeanor and felony assault charges, including a deferred sentence for a client facing eight years in prison. When your future is on the line, you deserve a criminal defense team with a proven track record you can rely on.

Colorado law is swift and unforgiving if you’re suspected of assaulting a current or former intimate partner. The following are required in assault with DV designation cases: 

• Mandatory Arrest Rule – As you may already know, Colorado law requires police to make an arrest whenever they have probable cause of domestic violence. 

• No-Drop Policy – Once you are in custody, the decision to move forward rests entirely with the prosecutor—not the alleged victim who may want to “drop the charges.” Colorado’s no-drop policy ensures the DV case continues.

• Immediate Protective Orders – The court will issue a mandatory protection order against you at your first court appearance, and it remains in effect until the case is over. You face additional criminal penalties for violating it. 

These rules mean you lose control of the judicial process quickly. 

Why Waiting is Not an Option. 

The prosecution begins building its case against you immediately, so you need an experienced aggravated assault attorney to do the same. A strong criminal defense attorney for assault can challenge the evidence, expose weaknesses in the state’s case, and fight to protect your rights and future when it matters most.

While the exact penalties depend on the underlying charge, a DV enhancement elevates the severity of an aggravated assault charge and its consequences. If convicted, the domestic violence enhancement means:

• Felony Aggravated Assault with DV – Mandatory prison sentences of at least the presumptive range’s midpoint under C.R.S. 18-1.3-406.

• Habitual Offender Enhancements – Three or more prior DV convictions elevate a misdemeanor offense to a class 5 felony with a presumptive sentence of 1–3 years. C.R.S. 18-6-801.

• Extraordinary Risk Felonies – Some felonies carry additional prison time (e.g., up to 4 extra years for a class 3 felony that is a crime of violence).

You can also expect mandatory protective orders placed against you and to permanently lose your gun rights.

Beyond the criminal penalties, the stigma of a domestic violence conviction can affect employment, housing, and family relationships in ways that are difficult to undo.

How to Fight an Assault Charge: Hire an Aggravated Assault Defense Lawyer

Facing an aggravated assault charge with a domestic violence designation is daunting. You need more than legal representation—you need a team that can vigorously defend your rights while providing clear guidance through this challenging time. At R&H, we draw on our courtroom experience and legal knowledge to craft a smart defense, while providing guidance and reassurance every step of the way.

A Relentless Fighter in the Courtroom

From day one, we prepare as if your case will go to trial. We scrutinize every piece of evidence and testimony, searching for possible weaknesses. Having worked on both sides of the courtroom, we know how these cases are built—and how to fight them. That experience lets us challenge the state’s case, defend your rights, and give you the strongest possible defense.

A Strategic and Compassionate Advocate

We understand this isn’t just a case to you—it’s a deeply personal crisis that affects your entire life. That’s why we take the time to listen and understand your side of the story. We give clear, practical advice when you need it most. 

With R&H by your side, you get the aggressive defender who will stand between you and the prosecution and the empathetic counselor who will help you move forward with confidence. This approach—unyielding defense in the courtroom and compassionate guidance outside of it—ensures you are always protected and never alone. 

Every case is unique, and your defense should be, too. At R&H, we develop a custom defense strategy for every client, which is never based on a one-size-fits-all approach. 

Expose False Accusations

False or exaggerated claims can completely upend your life if left unchallenged. We investigate every allegation, gather evidence, and identify inconsistencies in witness statements to ensure your side of the story is represented in court.

Prove Self-Defense

In some cases, the law recognizes that your actions were necessary to protect yourself. We carefully examine the circumstances of the incident to establish whether self-defense applies, ensuring that the court sees the full context of your actions.

Challenge Your Intent

Many aggravated assault charges hinge on proving intent. To reduce the severity of the assault charges or cast doubt on the prosecution's case, we scrutinize the facts to demonstrate that your actions were not malicious or deliberate.

Scrutinize Police Procedures

Even minor mistakes by law enforcement can significantly impact your case. Our team carefully reviews how the police handled your arrest and investigation, identifying procedural errors or violations of your rights that can strengthen your defense.

By focusing on these critical areas, we build a defense strategy that truly puts you first. Our goal is to protect your rights and pursue the best possible outcome.

The consequences of an aggravated assault conviction with a domestic violence designation reach far beyond prison time and fines. A criminal record can impact every area of your life, from housing opportunities to career prospects, and even your reputation within your community. Protecting your future requires swift action and a defense team that understands both the law and the personal stakes involved. Contact our experienced team of domestic assault lawyers in the Denver and Colorado Springs metro areas today. 

What kind of charge is domestic violence?

Under Colorado law, domestic violence is not a standalone criminal charge. Instead, it is a designation that can be added to an underlying offense—such as assault, harassment, or criminal mischief—when the act is committed against a current or former intimate partner. When a charge carries this designation, it acts as a sentence enhancer, which can increase the penalties you face and require additional consequences, such as mandatory domestic violence treatment. 

Is domestic violence a felony?

Domestic violence itself is not automatically a felony in Colorado. Depending on the underlying offense, the designation can apply to misdemeanor and felony charges. For example, a crime like harassment is often a misdemeanor, but when committed with a domestic violence designation, the penalties become more severe. In some cases, repeated offenses or more serious conduct can elevate what would typically be a misdemeanor to a class 5 felony charge, carrying much harsher consequences. C.R.S. 18-6-801

How much time do you get for aggravated assault?

A potential prison sentence for aggravated domestic assault in Colorado depends on how the offense is classified and whether sentence enhancers apply. Assault itself is charged in the first, second, and third degrees. Aggravated domestic assault may be charged as either a misdemeanor or a felony, but felony convictions often carry much harsher penalties.

If the offense is classified as a felony and deemed a “crime of violence” under C.R.S. 18-1.3-406—such as second-degree assault—the court must impose a mandatory sentence within the aggravated range for that felony class.

Repeat offenders also face increased consequences. A fourth domestic violence conviction results in a class 5 felony with a presumptive sentence of one to three years in prison. C.R.S. 18-6-801

Certain felonies also carry “extraordinary risk” enhancements, which can add extra prison time depending on the felony class—for example, up to four additional years for a class 3 felony. C.R.S. 18-1.3-401

In short, sentencing for aggravated domestic assault varies based on the underlying charge, whether it qualifies as a crime of violence, and any applicable habitual offender or risk enhancements.