Charges of violent crime dropped in elderly man’s case

What if you got a call letting you know that your grandfather was arrested and charged with assault? Most likely such news would be shocking, if not unsettling. In the case of an elderly Colorado man accused of attacking a parking attendant with his cane, even the district attorney ultimately decided that charging him criminally was wrong.

Last year, the 85-year-old man was arrested over a dispute that reportedly broke out over a handicap parking permit. What started as a dispute resulted in a assault charge. Fortunately, the man is no longer a criminal defendant because officials decided not to pursue charges.

Laws exist to create and maintain order. They are meant to keep people safe and protect rights. But there is a misapplication of the laws as well as wasted time of the criminal justice system. The elderly man reports not understanding why he was charged with assault, and his attorney insists that the charges were dropped because they never should have been brought in the first place.

For various reasons, different people might find themselves arrested and charged with crimes that they know they shouldn’t be facing. Age alone isn’t a reason for someone to argue against a criminal charge, but there are other arguments that a criminal defense attorney could help make to protect the rights and futures of wrongfully accused clients.

In this Colorado man’s case, he got his assault charge dismissed and avoided the stress that can come from the trial process. Even without a dismissal, however, a person charged with a crime shouldn’t assume that all hope is lost. Avoiding conviction is still a possibility.

Source: KDVR, “Charges dropped against 85-year-old man accused in cane attack,” David Mitchell, Sep. 6, 2013

About Eric Anaya

Criminal Defense Attorney Eric S. AnyaEric Anaya has been practicing criminal law for over a decade. While attending law school, Eric was appointed to the University of New Mexico’s Board of Regents by the Governor of New Mexico. Eric decided to move to Colorado to accept a position in the El Paso County District Attorney’s Office. He prosecuted hundreds of cases in County Court, but quickly was promoted to prosecute felonies. Eric made the conscious decision to change his practice and his life to defending those wrongly accused. Eric has successfully handled hundreds of cases.

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