Legal Question in Criminal Law in Colorado

@nd degree assault w/a deadly weapon , an act of domestic violence
My ex falsly reported she was 4-5 ft. away from my truck, when I gunned it, she flew on hood,dragged her 30-40 ft and when she went to the hospital she only had a sprained wrist.1st it never happened. She also did not report it to the police bc she says I told her id kill her if she told her parents who are cops. Shes called the cops on me several times for real situations way less serious, falsly accusing me of hitting, never arrested me bc truth is shed get mad bc id leave in the middle of an argument and try to get even. it'd been so long I thought this charge stemmed from one of the incidents I wasnt arrested for, come to find out she went to the hospital in jan saying hit n run, reported this story in april, I was arrested june. most say reason they arrested me is bc of her parents and the next day after the ER said she only had a sprain, she went to her private doctor where he found a distal radius fracture, somthin i hear you can get playing tennis. After 3 court dates and several attempts to reach her to no avail, she shows up and states she was out of town and now its going to trial, should my lawyer have tried to get this dismissed between him and the d/a with all these holes before the trial? isnt itobvious retaliation

Asked on 10/07/08, 12:24 am

3 Answers from Attorneys

Jason Savela The Savela Law Firm, PC

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Re: @nd degree assault w/a deadly weapon , an act of domestic violence

i have dealt with these things before - you are being controlled by your ex. this will not stop ever. You need a good attorney to help you through this and prove your side - if not, then you will go to jail for an extended period of time, possibly prison.

stop talking to your ex, stop talking to the DA and cops, get an attorney, save all text messages and other communications from ex

Answered on 10/07/08, 2:26 pm

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Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

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Re: @nd degree assault w/a deadly weapon , an act of domestic violence

Yes, retaliation. No, the current law does not allow it to be dismissed shy of trial. It is a law that your elected state representatives put in place, or allowed to remain in place. In 3 weeks you can vote for them or you can vote them out. Vote.

Answered on 10/07/08, 3:13 pm

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