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Charged as a Habitual Domestic Violence Offender in Colorado? Here’s What to Expect

By Timothy Bussey on May 9, 2025

Gavel hitting round block of wood

Facing a domestic violence charge is serious. But being labeled a habitual domestic violence (DV) offender in Colorado elevates the stakes dramatically.

Colorado law imposes harsh consequences for repeat offenders, turning what might otherwise be a misdemeanor into a Class 5 felony domestic violence charge.

At The Bussey Law Firm, P.C., we know how overwhelming these charges can feel. If you’re navigating this situation, understanding the legal thresholds, sentencing risks, and how a strong defense strategy can make a difference is critical. With decades of criminal defense experience in Colorado Springs, we’re here to explain what to expect and how to fight back.

What Is a Habitual Domestic Violence Offender in Colorado?

Colorado law is clear but strict when it comes to repeat domestic violence offenses. Under C.R.S. § 18-6-801(7), a person can be classified as a habitual domestic violence offender if:

  • They are convicted of a misdemeanor offense that includes a domestic violence enhancer.
  • They have at least three prior convictions for separate domestic violence offenses.

Once this threshold is met, the current misdemeanor charge can be escalated to a Class 5 felony domestic violence charge. This applies regardless of how minor the new offense may seem, such as harassment, criminal mischief, or third-degree assault, if it involves an intimate partner.

This automatic escalation surprises many defendants, especially when prior convictions span several years. But Colorado takes repeat offenses seriously, and prosecutors are quick to pursue felony charges against a Colorado DV repeat offender.

The Impact of a Felony Domestic Violence Charge

Being charged as a habitual offender transforms your legal situation. A Class 5 felony domestic violence charge carries significantly harsher penalties than a misdemeanor:

  • 1 to 3 years in prison
  • Up to $100,000 in fines
  • Mandatory domestic violence treatment programs
  • Loss of firearm rights under federal law
  • A permanent felony record, affecting employment, housing, and civil rights

Colorado’s DV sentencing guidelines leave little room for leniency once felony status is applied. Judges have limited discretion, and prosecutors often push for incarceration, especially when prior convictions are involved.

How Prior Convictions Are Counted

Not every past incident leads to habitual offender status. To qualify:

  1. Each of the three prior convictions must have included a domestic violence designation.
  2. The convictions must be from separate incidents, not multiple charges from a single event.
  3. Out-of-state convictions can count if they align with Colorado’s domestic violence definitions.

This means even relatively minor offenses, such as a prior harassment conviction with a DV tag, can build toward habitual status.

At The Bussey Law Firm, P.C., we often see cases where defendants didn’t realize that old misdemeanor pleas would resurface years later in this way. Many of these defendants have accepted plea deals in the past without understanding future consequences, highlighting why having a knowledgeable domestic abuse defense lawyer in Colorado Springs is essential from the start.

The Role of Plea Deals in Habitual DV Cases

When dealing with a charge as a habitual domestic violence offender in Colorado, plea negotiations become far more complex. Prosecutors may offer limited deals, knowing they hold leverage with the felony classification.

An experienced defense team can explore several strategies:

  • Challenge prior convictions: If any of the previous convictions were improperly designated or constitutionally flawed, they may be excluded from the habitual offender count.
  • Negotiate charge reductions: In some cases, it’s possible to argue for removing the DV enhancer on the current charge to avoid felony escalation.
  • Alternative sentencing: For eligible defendants, treatment-focused outcomes or probation may be negotiated in lieu of prison time.

Without skilled legal guidance, defendants risk accepting unfavorable deals that fail to protect their future.

How to Contest Habitual DV Charge

When facing a felony domestic violence charge as a repeat offender in Colorado, your defense strategy must be aggressive and tailored. At The Bussey Law Firm, P.C., we examine every angle.

Scrutinizing the Evidence

Prosecutors must prove beyond a reasonable doubt that the current offense qualifies as domestic violence. We challenge weak evidence, unreliable witness statements, and procedural errors.

Examining Constitutional Violations

If your rights were violated during arrest, investigation, or interrogation, critical evidence could be suppressed.

Attacking the Habitual Designation

We review prior convictions for legal defects. If one can be invalidated or excluded, it could prevent felony classification.

Advocating for Mitigation

Even when a conviction is likely, we build a case for reduced sentencing, highlighting rehabilitation efforts, lack of recent offenses, or other mitigating factors.

Timothy Bussey’s background as a former prosecutor and his decades of defense experience give our firm a deep understanding of how to counter the tactics used by district attorneys in Colorado Springs and throughout the state.

Why You Need a Dedicated Domestic Abuse Lawyer in Colorado Springs

While well-meaning, public defenders often lack the time and resources to mount a comprehensive defense, especially in complex habitual offender cases. These charges require forensic review of past convictions, in-depth legal research, and skilled negotiation.

At The Bussey Law Firm, P.C., we offer:

  • 30+ years of legal experience
  • Recognition by Super Lawyers based on peer recognition and independent research
  • A record of success in Colorado trial courts, appellate courts, and the Colorado State Supreme Court
  • Nationally published legal knowledge
  • Personalized attention, because we know every case deserves a unique approach

We don’t settle for fast plea deals that leave clients burdened with lifelong felony records. Our goal is to protect your rights, minimize penalties, and, where possible, avoid a conviction altogether.

Possible for a Conviction

If you’re convicted as a Colorado DV repeat offender, you could be facing:

  • A permanent felony record
  • Loss of gun rights under federal law
  • Difficulty securing employment or housing
  • Mandatory completion of court-ordered domestic violence programs
  • Possible restraining orders and loss of child custody rights

Talk to a Colorado Springs DV Attorney Today

If you’ve been charged as a habitual domestic violence offender in Colorado, time is critical. The sooner you contact a proven defense team, the better your chances of avoiding the harshest outcomes under Colorado’s DV sentencing guidelines.

At The Bussey Law Firm, P.C., we offer a free consultation to go over your situation and explain your options. With a track record of success in felony cases and recognition as one of Colorado Springs’ top criminal defense firms, we are prepared to advocate for you every step of the way.

Don’t face a Class 5 felony domestic violence charge alone—let us fight to protect your future. Call us today at (719) 475-2555 to schedule your consultation.

Posted in: Domestic Violence


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