11/15/12, 12:12 pm
I was involved in a Domestic Violence incident a few days ago and my fiance was charged with third degree assault, class 4 criminal mischeif, prohibited use of a weapon and a DUI. So a couple of questions... He always carries a gun in his truck (which I'm pretty sure is legal in Colorado) and it was in his truck BEFORE the incident occured. They found it when they arrested him and I am told that the gun was loaded but he had a safety muzzle on it, which is what he always does. Can he still be convicted for this? As far as the whole incident itself, do think it would be possible for the charges to be dropped if 1) I provided the police with a statement that says how my fiance tried to drop the issue that we ended up fighting about, multiple times throughout the night and that I initiated the argument again. The statement also recalls how he was calm and tried to have a conversation with me before the incident occured and 2) I tell them that violence has NEVER occured before (because it hasnt) 3) he has no criminal background or previous incidents involving the law 4) he has a great military record that has nothing but awards and acheivements and finally, if we show the prosecutor that we have been taking anger management/couples therapy and are making the effort to make changes for the better? Would it be possible that the case be dismissed or any (or all) the charges be dropped?
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United States   |   Colorado  |  DUI Law
Cost: Free


Christopher Kendrick Says:

Nov 15,2012 3:29 PM

The bottom line is that your Fiance needs an attorney. He needs an attorney before anything else happens. Is is possible for the case to be dismissed? Maybe; but do not count on it. The information your listed is certainly mitigation, but it is not a defense. If your Fiance has counsel, his attorney can explore all the options in the case, including speaking to you, if you are willing, to try to get the best possible outcome. Especially with no record, your fiance might have a case that should go to trial. Only by sitting down with a competent attorney can he really understand all of his options.

Nothing in this communication should be considered legal advice. Nor should this communication lead you to believe that an attorney-client relationship has been created. Only after thorough analysis of your case with you in my office can I provide effective legal advice on your specific issue.

Christopher Kendrick
Lubchenco, Kendrick, & Baldridge, LLP
2222 South Albion Street, Ste. 360,Denver, CO 80222

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