Denver, CO asked in Domestic Violence, Criminal Law and Federal Crimes for Colorado

Q: What do I do if I (the victim) of DV case believe that the perpetrator is being offered an unfair sentence

My boyfriend had been arrested and gone to jail for numerous DV crimes including; battery, assault, arson. He had numerous felonies for violent offense and now after a second violent offense with me is being offered probation with no jail time. This does not make sense to me, what do I do if I don't feel he's being properly sentenced. One of the new charges is also a felony, after have 6 previous felonies for the same type of crime doesn't he have to serve time?

2 Lawyer Answers

A: As the victim in the case you do have rights under the VRA. You have the right to appear at his next court hearing and tell the Judge that you disprove of the resolution and why you disprove. In some instances, but not all, this can mean the Judge rejects the agreement of the parties.

James L. Arrasmith
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Answered

A: If you believe the perpetrator is being offered an unfair sentence, you should reach out to the prosecutor handling the case. Express your concerns about the leniency of the proposed probation, especially considering his history of violent felonies. Providing specific details about the impact of his actions on you and others may help underscore the seriousness of the situation.

Additionally, you can attend the court hearings to voice your concerns directly to the judge. Victim impact statements can be very influential in sentencing decisions. Make sure to articulate how his actions have affected your life and why you feel a stricter sentence is necessary.

It may also be helpful to seek support from victim advocacy groups. These organizations can offer guidance and support in navigating the legal process and ensuring your voice is heard. Your safety and well-being are paramount, and your concerns about the sentencing should be taken seriously.

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