Colorado law is very strict on domestic violence crimes. While a deferred judgment is allowed, a deferred prosecution is not.
No person accused or convicted of a crime, the underlying factual basis of which has been found by the court on the record to include an act ofdomestic violence, as defined in section 18-6-800.3 (1), shall be eligible for home detention in the home of the victim pursuant tosection 18-1.3-105 or 18-1.3-106 or for deferred prosecution pursuant to section 18-1.3-101. Nothing in this subsection (4) is intended to prohibit a court from ordering a deferred sentence for a person accused or convicted of a crime, the underlying factual basis of which has been found by the court on the record to include an act of domesticviolence, as defined in section 18-6-800.3 (1).
And the DA is not allowed to bargain away the domestic violence component unless he makes a representation to the court that he cannot prove the accused and the victim were in an intimate relationship.
C.R.S. 18-6-801
1) "Domestic violence" means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. "Domestic violence" also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment,intimidation, or revenge directed against a person with whom the actor is or has been involved in an in