Denver, CO asked in Criminal Law for Colorado

Q: I would like to know how it is possible to be charged with felony assault from a compulsive liars "word" no Witness

And no investigation of me by any phone calls or interviews or contact. Warrant took 8 days to be put through since incident. Tried and couldn't find out if under investigation during that 8 days. How can this be done with no evidence just her lies? This is ruining my life. She is also not a very good victim by her character provable on paper- probation and drugs and overdose death in her home

Related Topics:
2 Lawyer Answers
Sean Maye
Sean Maye
Answered
  • Criminal Law Lawyer
  • Denver, CO
  • Licensed in Colorado

A: Unfortunately, this happens a lot. Especially if the accuser is in an intimate relationship with the accused person and the allegations involve domestic violence. A case like this, with a significant lack of evidence, is very defensible. Consult with an attorney ASAP to assess your best options.

Brian K. McHugh agrees with this answer

Brian K. McHugh
Brian K. McHugh
Answered
  • Criminal Law Lawyer
  • Littleton, CO
  • Licensed in Colorado

A: I would be curious to know (and you may not know) if the felony classification is based on the alleged use of a deadly weapon, or an allegation that the "victim" suffered serious bodily injury or an allegation of strangulation. If the "victim" claimed any or all of those, the felony classification, without regard to the truth of the allegations, makes sense. In the absence of an allegation such as I have listed (there are others, but they do not seem relevant to your answer) then the assault, if there even was an assault, should be classified as a misdemeanor.

To get to your question more directly (how someone can be charged solely on the word of the alleged "victim".) The statement of a victim or witness is evidence. Evidence is the basis for the filing of any charge. There is no rule that says a crime cannot be charged on the word of a one person. The real question is how much weight should be given to that statement. Unfortunately, that question often goes unanswered until much later in the prosecution process, or until a jury answers the question. As Attorney Maye notes, the case you describe is very defensible (based on the facts you provide), and that can be said with even greater emphasis if the statement is uncorroborated by any other evidence.

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.