My husband was charged with aggravated assault with a deadly weapon.
Question Details:My husband was charged with aggravated assault with a deadly weapon but did not do it. There is are no witnesses and the "weapon", which was a "bat", was never recovered. Still they are still holding him. In court, if the other man shows up without the weapon and witnesses, does my husband have a chance? Should I consider hiring a lawyer?
You should definately hire a lawyer for your husband or help him line up the public defender if he is remaining in jail pending the outcome of the case. the fact no bat was recovered is a small problem for the prosecutor - not a big problem. Get a lawyer!
Although I do not practice law in the State of Colorado, here are my initial impressions. Your husband should hire an attorney as soon as possible. You are wrong when you state that there are no witnesses. The alleged victim is a "witness" and his testimony alone could be sufficient to convict your husband, who, if convicted, is most likely going to face a period of incarceration. Your husband should hire an attorney immediately in the interest of obtaining the most favorable resolution of this matter as possible. Good luck.
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