Legal Question in Criminal Law in Colorado

Re: Domestic Violence/3rd Assault

Unfortunately in Colorado, domestic violence laws are particularly ridiculous in how they are often applied. Does the prosecutor have a case against you? It is hard to say without reading the police reports, but it is likely that your husband told them he acted in self-defense, or something along those lines and that is why you were charged. District Attorneys offices in various counties have different policies regarding DV cases. Often, they won't dismiss them unless forced to trial and their "victim" doesn't appear to testify. Beyond that, they typically won't dismiss them even when a "victim" recants and says their original report was false. Admittedly this is more often the case with a female victim and a male defendant, so your situation is a little different and as a result you may be treated differently (hopefully better!). In any case, you should not accept a plea agreement at your arraingment date as those offers are notoriously bad. No matter what, if there is a conviction (through a plea agreement or a guilty verdict at trail) there is a requirement of at least 36 weeks of domestic violence counseling. It is advisable to consider retaining an attorney because, although there is expense, the ramifications of a DV conviction can be enormous. Hope that helps a bit.