Legal Question in Criminal Law in Colorado

domestic violence case pending

A felony demostic assault charge has been filed against me. This was not done by my husband, who refused to press charges, but by the state. There is a plea bargain awaiting my decision, but I'm wondering if I should instead go to trial and what my chances of acquittal may be.


Asked on 10/05/07, 4:13 am

4 Answers from Attorneys

Marc Milavitz The Alternative Law Office of Marc Milavitz

Re: domestic violence case pending

It is impossible to give you any advice without speaking to you, your husband, any other witnesses and reviewing the police reports. Please let me know if I can be of any help to you. Good luck

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Answered on 10/05/07, 12:24 pm
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: domestic violence case pending

Going to trial is almost always the best action, but it depends greatly upon the evidence and statements of the cops and your husband.

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Answered on 10/05/07, 12:30 pm
Philip Rosmarin Rosmarin Law Firm

Re: domestic violence case pending

You should at the very least consult with a lawyer, and bring with you any documents you have related to the case. You can't possibly know what your chances are without that (and no lawyer who hasn't examined any of the facts can either).

Victims don't press charges; the state does. And I'm guessing you don't know for certain whether your husband will testify if subpoenaed, or what he will say. Again, see a lawyer for at least a consultation. Any plea bargain that still includes a domestic violence designation may have adverse consequences for your employment and other areas of your life.

Good luck.

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Answered on 10/05/07, 3:57 pm
William Griffin The Griffin Law Firm, P.C.

Re: domestic violence case pending

Whether or not to take a plea bargain is a question it is impossible to answer without knowing a lot more about your situation. One would need to read the police reports, probably do additional investigation, and of course know what the exact terms of the plea are and what particular charge has been filed by the DA. Many felony assault charges carry mandatory prison sentences if convicted, and that is a very relevant factor in deciding whether or not to take a plea or proceed to trial. I would be happy to sit down with you and discuss these things in person if you wished to schedule a consultation. Best of luck to you.

Bill Griffin

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Answered on 10/08/07, 1:17 pm


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