What is the possibility of a Domestic Violence case being dropped?

[Angelica0911]

I was involved in a Domestic Violence incident a few days ago and my fiance was charged with third degree assault, class 4 criminal mischeif, prohibited use of a weapon and a DUI.

So a couple of questions...

He always carries a gun in his truck (which I'm pretty sure is legal in Colorado) and it was in his truck BEFORE the incident occured. They found it when they arrested him and I am told that the gun was loaded but he had a safety muzzle on it, which is what he always does. Can he still be convicted for this?

As far as the whole incident itself, do think it would be possible for the charges to be dropped if 1) I provided the police with a statement that says how my fiance tried to drop the issue that we ended up fighting about, multiple times throughout the night and that I initiated the argument again. The statement also recalls how he was calm and tried to have a conversation with me before the incident occured and 2) I tell them that violence has NEVER occured before (because it hasnt) 3) he has no criminal background or previous incidents involving the law 4) he has a great military record that has nothing but awards and acheivements and finally, if we show the prosecutor that we have been taking anger management/couples therapy and are making the effort to make changes for the better?

Would it be possible that the case be dismissed or any (or all) the charges be dropped?

 

[Silverplum]

I was involved in a Domestic Violence incident a few days ago and my fiance was charged with third degree assault, class 4 criminal mischeif, prohibited use of a weapon and a DUI.

So a couple of questions...

He always carries a gun in his truck (which I'm pretty sure is legal in Colorado)

So that means this happened in Colorado? You didn't give the name of your state.

It may or may not be legal, depending upon a variety of factors. If you're "pretty sure," then you are not at all in a position to accurately critique the charges, are you?

and it was in his truck BEFORE the incident occured. They found it when they arrested him and I am told that the gun was loaded but he had a safety muzzle on it, which is what he always does. Can he still be convicted for this?

Yes, of course he can be convicted.

As far as the whole incident itself, do think it would be possible for the charges to be dropped if 1) I provided the police with a statement that says how my fiance tried to drop the issue that we ended up fighting about, multiple times throughout the night and that I initiated the argument again. The statement also recalls how he was calm and tried to have a conversation with me before the incident occured and 2) I tell them that violence has NEVER occured before (because it hasnt) 3) he has no criminal background or previous incidents involving the law 4) he has a great military record that has nothing but awards and acheivements and finally, if we show the prosecutor that we have been taking anger management/couples therapy and are making the effort to make changes for the better?

Would it be possible that the case be dismissed or any (or all) the charges be dropped?

You're the bazillionth woman to try this method of allowing her "man" to get away with domestic violence. The DA is likely to ignore your statement altogether, due to long experience with the psychology of abuse.

 

[tranquility]

It is unlikely you could get rid of such a domestic violence case under those circumstances. Nothing in what you've said changes the elements of the crime at all.

 

[sandyclaus]

I was involved in a Domestic Violence incident a few days ago and my fiance was charged with third degree assault, class 4 criminal mischeif, prohibited use of a weapon and a DUI.

So a couple of questions...

He always carries a gun in his truck (which I'm pretty sure is legal in Colorado) and it was in his truck BEFORE the incident occured. They found it when they arrested him and I am told that the gun was loaded but he had a safety muzzle on it, which is what he always does. Can he still be convicted for this?

As far as the whole incident itself, do think it would be possible for the charges to be dropped if 1) I provided the police with a statement that says how my fiance tried to drop the issue that we ended up fighting about, multiple times throughout the night and that I initiated the argument again. The statement also recalls how he was calm and tried to have a conversation with me before the incident occured and 2) I tell them that violence has NEVER occured before (because it hasnt) 3) he has no criminal background or previous incidents involving the law 4) he has a great military record that has nothing but awards and acheivements and finally, if we show the prosecutor that we have been taking anger management/couples therapy and are making the effort to make changes for the better?

Would it be possible that the case be dismissed or any (or all) the charges be dropped?

The weapons charge - if it was in his truck when he was arrested, and it was allegedly in the truck the whole time, then how would they connect that to your assault and charge him for prohibited use? Did he threaten you with the gun at all during the incident?

As for how your fiance supposedly dropped the subject during the argument, and you kept bringing it up - how does THAT make him not culpable for the fact that he ultimately assaulted you? Are you trying to convince us that it was YOUR fault that he put his hands on you? If so, then YOU need some serious counseling. Words are words. There's NEVER a good reason or excuse for a verbal argument to escalate into physical violence. That didn't happen because of YOU, it happened because he chose NOT to control his own anger and allowed himself to become physically violent instead of using his words. Getting physical was a choice he made - and if you allow him to get away with it even once, I can practically guarantee he will do it again.

Stop protecting him from himself. He made the poor decision to get violent. If there's any chance of this being only an isolated incident, he needs to see the seriousness of his actions and the resulting consequences. How else do you expect him to learn that what he did wasn't appropriate?

 

[latigo]

The weapons charge - if it was in his truck when he was arrested, and it was allegedly in the truck the whole time, then how would they connect that to your assault and charge him for prohibited use? Did he threaten you with the gun at all during the incident?

As for how your fiance supposedly dropped the subject during the argument, and you kept bringing it up - how does THAT make him not culpable for the fact that he ultimately assaulted you? Are you trying to convince us that it was YOUR fault that he put his hands on you? If so, then YOU need some serious counseling. Words are words. There's NEVER a good reason or excuse for a verbal argument to escalate into physical violence. That didn't happen because of YOU, it happened because he chose NOT to control his own anger and allowed himself to become physically violent instead of using his words. Getting physical was a choice he made - and if you allow him to get away with it even once, I can practically guarantee he will do it again.

Stop protecting him from himself. He made the poor decision to get violent. If there's any chance of this being only an isolated incident, he needs to see the seriousness of his actions and the resulting consequences. How else do you expect him to learn that what he did wasn't appropriate?

I trust the OP is kneeling as she reads this moralizing discourse.

 

[CdwJava]

I trust the OP is kneeling as she reads this moralizing discourse.

And this flippant reply doesn't invalidate what sandyclaus wrote. It was hardly moralizing to summarize the truth surrounding domestic violence.

 

[Just Blue]

I was involved in a Domestic Violence incident a few days ago and my fiance was charged with third degree assault, class 4 criminal mischeif, prohibited use of a weapon and a DUI.

So a couple of questions...

He always carries a gun in his truck (which I'm pretty sure is legal in Colorado) and it was in his truck BEFORE the incident occured. They found it when they arrested him and I am told that the gun was loaded but he had a safety muzzle on it, which is what he always does. Can he still be convicted for this?

As far as the whole incident itself, do think it would be possible for the charges to be dropped if 1) I provided the police with a statement that says how my fiance tried to drop the issue that we ended up fighting about, multiple times throughout the night and that I initiated the argument again. The statement also recalls how he was calm and tried to have a conversation with me before the incident occured and 2) I tell them that violence has NEVER occured before (because it hasnt) 3) he has no criminal background or previous incidents involving the law 4) he has a great military record that has nothing but awards and acheivements and finally, if we show the prosecutor that we have been taking anger management/couples therapy and are making the effort to make changes for the better?

Would it be possible that the case be dismissed or any (or all) the charges be dropped?

Who called the police?

 

[sandyclaus]

I trust the OP is kneeling as she reads this moralizing discourse.

You must be losing your edge, latigo, if that's all you took away from the conversation.

And this flippant reply doesn't invalidate what sandyclaus wrote. It was hardly moralizing to summarize the truth surrounding domestic violence.

...and sometimes it takes a thousand strangers to tell you something before you actually find the truth in it.

 

[stealth2]

What ACTUALLY happenned?

 

[sandyclaus]

What ACTUALLY happenned?

Well, just from OP's response, it appears she wouldn't shut up about something, and her man hauled off and smacked her. (Just paraphrasing here.)

Apparently, it was OP's fault that she couldn't stop talking, and NOT her partner's fault that he hit her because of it. At least, that's the story I'm getting here.