Q: What are my chances of having domestic violence and child abuse wothout injury dropped if there is no evidence of both?
My wife stated that when she called the cops she was not hurt and neither was my son. They found no proof of injury on both, or evidence of domestic violence, but i got charged with domestic violence and child abuse wothout injury
A:
At this point, you have been charged, so at a minimum the police determined there was probable cause for a criminal offense. There are a number of ways child abuse can be charged without requiring proof of any injury, and a domestic violence tag on a charge (domestic violence is not a charge but a "sentencing enhancer" that can be applied to other charges) does not require any proof of injury. That fact that there was no injury is therefore irrelevant.
It is hard to say with such a general assertion that there is "no evidence", as often there is more of a dispute as to what the evidence means than "no" evidence if a person has been charged. Clearly the police believe they had some evidence (even if they were wrong) if they decided to charge you. Regardless, in Colorado, once case is charged with a domestic violence tag, the prosecution is barred by law from dismissing or pleading to a non-domestic violence offense unless they do not believe they have enough evidence even properly raise the allegation to a jury. Even an accusation that is later recanted with no supporting physical evidence will be enough for them to go forward with the charges in most cases.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
