Colorado Springs, CO asked in Criminal Law for Colorado

Q: Can a spouse be charged with criminal mischief if other spouse doesn’t want to press charges?

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1 Lawyer Answer
Sean Maye
Sean Maye
  • Criminal Law Lawyer
  • Denver, CO
  • Licensed in Colorado

A: The answer, unfortunately, is yes. In any case where there is an allegation of domestic violence (and certainly in cases involving physical violence, like with criminal mischief), the mere report of a criminal DV incident is going to result in charges. Because the case will be considered DV, the prosecutor will not dismiss the charges even though the spouse/victim says they don't want to press charges. This is a pretty firm policy within all DA offices. That does not mean the case won't get dismissed or thrown out, but you need a good lawyer (like myself and others on here) to help you work toward that.

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