The state is COlorado and the charges that i have pled guilty to are Charge is 18-4-501 , DV code= DVP, class= 2(misdemenour) with 18 months of probation supervised by private agency.
Initially i was charged under false imprisonment 18-4-303 which was then reduced to 18-4-501.
The cops were called by my wife but i didnot hit her but i was stopping her from going out and took the cellphone from her for about 15-20 mins. There is a RO in place and we both are now heading for divorce.
Please advice
Criminal mischief involves knowingly damaging the property of another or the joint property of the accused person and the alleged victim. Criminal mischief resulting in damage of less than $100 is a Class 3 misdemeanor,
damage of $100 but less than $500 is a Class 2 misdemeanor, damage of $500 but less than $15,000 is a Class 4 felony, and damage of $15,000 or more is a Class 3 felony.
The most obvious example of criminal mischief is random vandalism. Charges of criminal mischief often arise in so-called domestic violence situations, where one is alleged to have damaged a seemingly insignificant household item, such as a coffee maker.
Read about Domestic Violence:
http://www.lawinfoboulder.com/areas_criminal_litigation/domestic_violence.html
The official Colorado statutory definitions for these offenses:
Misdemeanor and Felony Criminal Mischief
Criminal Mischief (18-4-501)
1.
A person who knowingly damages the real or personal property of one or more other persons, including property owned by the person jointly with another person or property owned by the person in which another person has a possessory or proprietary interest, in the course of a single criminal episode commits a class 2 misdemeanor where the aggregate damage to the real or personal property is less than five hundred dollars. Where the aggregate damage to the real or personal property is five hundred dollars or more but less than one thousand dollars, the person commits a class 1 misdemeanor. Where the aggregate damage to the real or personal property is one thousand dollars or more but less than twenty thousand dollars, the person commits a class 4 felony. Where the aggregate damage to the real or personal property is twenty thousand dollars or more, the person commits a class 3 felony. ------------
Misdemeanor offenses are less serious than felonies, but more serious than petty offenses. One convicted of a misdemeanor may be required to serve a county jail sentence, but cannot be sentenced to the Colorado Department of Corrections, the statewide prison system. Misdemeanors range in seriousness from Class One, which is the most serious, to Class Three, which is the least serious. The higher the class of misdemeanor, the greater the possible penalties. Like misdemeanors, petty offenses range from Class One to Class Three.
Criminal Damage----------------- Charge------------------------Potential Sentence
Less than $500----------- Class 2 Misdemeanor--------3 months to 1 year in jail and $250 to $1,000 in fines.
BUT you got 18 months probation....
Q: How does someone get on Probation?
A sentence to probation is ordered by the Court after an adult defendant
pleads guilty or is found guilty of a criminal offense. A juvenile may be sentenced to probation if adjudicated a delinquent by the Court because of a criminal act. The Probation Department also supervises offenders who reach an
agreement for a deferred sentence or adjudication with the District Attorney’s office.
Q: What kinds of offenders are on Probation?
Adult and juvenile felony and misdemeanor offenders can be placed on probation. On rare occasions a youth adjudicated for a petty offense may be on probation. A risk assessment is conducted on each probationer to determine the level of supervision necessary to reduce the potential to re-offend. Higher risk offenders are often sentenced to intensive supervision rather than regular probation. Defendants charged with drug related offenses may have their cases assigned to Adult or Juvenile Drug Court, requiring intensive supervision directed to supporting sustained sobriety.
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Note that this statute was amended to make destruction of jointly-owned property a crime after Avalanche goalie Patrick Roy broke some French doors in his house on October 22, 2000, during an argument with his wife. The case was dismissed because it wasn't against the law to break one's own personal property.
It is now a crime of domestic violence for a man to deliberately damage jointly-owned personal property.
18-6-801 - Domestic violence - sentencing.
(5) Before granting probation, the court shall consider the safety of the victim and the victim's children if probation is granted.
18-1-1001 - Protection order against defendant.
Note: The current mandatory protection order presumes guilt often based on nothing more than hearsay, and seldom on more than unsubstantiated allegations of an angry woman that the accused is given no chance to rebut in a fair and open hearing as none is held before issuance.
18-6-803.7 - Central registry of protection orders - creation.
(1) As used in this section:
(b.5) (I) "Protection order" means any order that prohibits the restrained person from contacting, harassing, injuring, intimidating, molesting, threatening, or touching any protected person, or from entering or remaining on premises, or from coming within a specified distance of a protected person or premises, that is issued by a court of this state or an authorized municipal court, and that is issued pursuant to:
(8) For purposes of this section:
(a.5) "Protection order" shall include a
restraining order entered pursuant to this section prior to July 1, 2003.
(b) "Until final disposition of the action" means until the case is dismissed, until the defendant is acquitted, or until the defendant completes his or her sentence. Any defendant sentenced to probation or incarceration
shall be deemed to have completed his or her sentence upon discharge from probation or incarceration, as the case may be.
IN Colorado: In cases involving a deferred sentence, treatment providers are required to report quarterly in writing to the Court and the District Attorney on the treatment status of the domestic violence perpetrator.
In cases involving supervised probation, treatment providers must report quarterly in writing to the supervising Probation Officer.
The underlying offense does not appear to be a ground for inadmissibility or deportation, however, UNDER NO CIRCUMSTANCES violate a protection order because THAT is deportable.
READ this:
http://www.dvmen.org/dv-8.htm
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INA 237 - GENERAL CLASSES OF DEPORTABLE ALIENS [8 U.S.C. 1227]
(a) Classes of Deportable Aliens.-Any alien (including an alien crewman) in and admitted to the United States shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens:
(2) Criminal offenses.-
(E) Crimes of Domestic violence, stalking, or violation of protection order, crimes against children and.-
(i) Domestic violence, stalking, and child abuse.-Any alien who at any time after admission is convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment is deportable. For purposes of this clause, the term "crime of domestic violence" means any crime of violence
(as defined in section 16 of title 18, United States Code) against a person committed by a current or former spouse of the person, by an individual with whom the person shares a child in common, by an individual who is cohabiting with or has cohabited with the person as a spouse, by an individual similarly situated to a spouse of the person under the domestic or family violence laws of the jurisdiction where the offense occurs, or by any other individual against a person who is protected from that individual's acts under the domestic or family violence laws of the United States or any State, Indian tribal government, or unit of local government.
(ii) Violators of protection orders.-Any alien who at any time after entry is enjoined under a protection order issued by a court and whom the court determines has engaged in conduct that violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued is deportable. For purposes of this clause, the term "protection order" means any injunction issued for the purpose of preventing violent or threatening acts of domestic violence, including temporary or final orders issued by civil or criminal courts (other than support or child custody orders or provisions) whether obtained by filing an independent action or as a pendente lite order in another proceeding.
