Defense of all felonies prosecuted under Colorado law, including felony DUI, felony domestic violence, class 1 drug felonies, Sexual Assault, and First Degree Murder.
Deputy State Public Defender
Colorado State Public Defender
Defense of all felonies and misdemeanors prosecuted under Colorado law, from initial advisement to jury trial: Accusations of homicide, sex offenses, assaults, drug charges, domestic violence, white collar crimes, DUI, theft, property crimes, weapons charges, complicity, conspiracy, probation violations, appeals.
State Bar of Colorado
Jurisdictions Admitted to Practice
Colorado Supreme Court
ID Number: 47604
United States District Court - District of Colorado
Credit Cards Accepted
Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
The physical force used by your friend on his ex girlfriend would qualify as misdemeanor third degree assault, and possibly felony second degree assault for the pressure applied to the neck in the headlock. However, conduct that may qualify as assault (or even homicide) can be entirely justified as self-defense depending on the circumstances. Evidence that your friend was not the initial aggressor is important, but it doesn't foreclose the possibility of charges.
The answer to your question depends on practical realities which are impossible to predict with certainty. Who will report it to the police? How will the person characterize the incident to the police? What police department will it be reported to, and which officers will be involved in the investigation? Will the police believe all or just some of what is reported to them? Will the police do further investigation, and what will their investigation reveal? Or, will the police take what is reported to them at face value? All of these things factor into whether law enforcement will try to bring charges. What you describe could certainly result in criminal charges, but law enforcement does not always get it right. And, law enforcement does not ultimately decide whether your friend is guilty. Your friend would have the right to plead not guilty and request a trial if he were charged.
Self-defense is a complex area of law, and the conduct you describe could result in a criminal charge. Your friend, the ex girlfriend, or both of them could be charged. Your friend should contact a criminal defense attorney if he is worried that law enforcement will be investigating the incident. Your friend should also not talk to anyone about the incident other than an attorney.
A: You are describing search and seizure, both of which must be reasonable under the state and federal constitutions.
It sounds like the police did not have an arrest warrant for you or a search warrant for your car. There are a number of circumstances that might allow the police to do what you describe, and whether a search or seizure is constitutional is a fact-specific determination. The precise timing and chronological sequence of events will be important in analyzing whether the police acted appropriately or not.
An attorney would need to know more facts in order to advise you whether the police acted appropriately. If the police seized evidence from your car that is being used against you in a criminal prosecution, then you should contact a criminal defense attorney for help. If your attorney believes that the police violated your constitutional rights, then he or she can file a motion to suppress any evidence seized from your car. An attorney can also assist you if your goal is to contest the propriety of towing and storage fees and retrieve your car from impound.