Legal Question in Criminal Law in Colorado

My friend was arrested for domestic violence. Her and her boyfriend got into a fight, the neighbors called the cops, who arrested her, saying there were signs of her hitting and choking him. Her boyfriend said he didn't want to press charges or for her to go to jail, but they told him Colorado law is that they have to arrest her. According to the police report, she was arrested for aggravated assault. The court records show her being charged with felony assault with a deadly weapon. Her boyfriend called the detective to tell him he didn't want her to be charged, and he told him that he threw out the case after watching the video interview where the boyfriend said nothing happened. Her lawyer said that it is not the detectives decision, but the DA, and hopefully because the detective didn't want to go anywhere with it, the DA will drop the charges. She does have a prior charge of assault. What are her chances of getting this case dropped? Where is this deadly weapon charge coming from?


Asked on 12/04/10, 4:59 pm

1 Answer from Attorneys
Jason Savela The Savela Law Firm, PC

Choking usually means hands are the deadly weapon, although it seems hard to prove. It is up to the DA. The lawyer should be answering these questions. Cops can lie and often do. There are ways to get cases dismissed. One is to get the "victim" a lawyer that can explain his options. I have done this numerous times.

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Answered on 12/10/10, 9:43 am


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