Legal Question in Criminal Law in Colorado

Is a public defender at all like a lawyer why or why not? What degree felony is domestic violence? And what would it most commonly be pleaded down to ? And could it be pleaded down to a mistameaner ever?


Asked on 1/27/12, 12:22 pm

2 Answers from Attorneys

Damon Cassens Waters, Kubik, and Cassens

A public defender is an attorney licensed to practice law, just like private attorneys. Their firm just happens to be the State Public Defender Office instead of their own shop.

Domestic violence is sentence enhancer on top of an underlying charge; whether or not it is a felony or a misdemeanor depends on what else the DA elected to charge you with.

Yes, felonies get pled down to misdemeanors all the time. Whether or not yours will depends on a number of factors inculding but not limited to the facts of the case, your record, and which DA is handling the case.

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Answered on 1/27/12, 12:40 pm
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

A public defender IS a lawyer. There is no difference. Domestic Violence is not an individual offense. It is a type of offense, a sentence enhancer, and a label. Any offense that a DV charge is pled down to MUST (with very rare exceptions) also carry the DV label. Burglary is a felony which often carries the DV label. Assault in the 3rd degree is a misdemeanor which often carries the DV label.

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Answered on 1/27/12, 2:36 pm


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