Sexual Assault

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Colorado Sexual Assault

Sex crimes are extremely serious, and a conviction can be devastating to a person’s life, even if that person is found innocent. If you are charged with sexual assault, you need an experienced, professional Denver criminal attorney who understands the specifics of the law in Colorado. Sexual assault occurs when the defendant knowingly sexually penetrates or intrudes a victim by causing the victim to submit against his or her will.

Additionally, sexual assault charges can be brought when the victim was incapable of understanding the sexual conduct or was unconscious, asleep, or otherwise unable to consent and the defendant knew the victim to be in such state.  This often comes about when an alleged victim has had too much to drink.

Statutory Sex Assault

A person can also be charged with sexual assault if the victim was under the age of 14 and the defendant was at least 4 years older than the victim, or if the victim was 15 or 16 and the defendant was at least 10 years older than the victim.  These types of sex assault charges can be brought even though both parties consented to the sexual contact.

Penalties

The penalties for a sexual assault or unlawful sexual contact conviction are very severe. Sexual assault ranges from a class 1 misdemeanor to a class 2 felony depending on the violence of the situation and other mitigating factors. As the aggravating factors increase, the fines and prison time a defendant will face also increase. A class 4 sexual assault felony carries 4-12 years in prison, thousands of dollars in fines, and mandatory parole. If the defendant forced the victim with physical force or violence or used a date rape drug, the defendant will be charged with a class 3 sexual assault felony that requires a sentence of 8-24 years in prison, even higher fines, and mandatory parole. If the defendant was helped by someone, the victim suffered serious physical injury, or the defendant was armed with a deadly weapon, he or she will be charged with a class 2 felony and will face 16-48 years in prison, up to $1 million in fines, and mandatory parole. Additionally, some more serious sex offenses are classified in an “indeterminate” sentencing range. These individuals may be kept in custody for the rest of their lives, even if they have served all of the time in their sentencing range.

Sex Offender Registration

Being convicted of a sex crime in Colorado will not only affect you in the years you serve in prison, but once you are released from prison. If convicted, you could be registered as a sex offender for the rest of your life. This is something you will have to tell your neighbors, friends, and future employers about. Convicted sex offenders will face serious prejudice, and your record will determine where you can live and work for the rest of your life. Sex crimes are a highly sensitive and emotional subject, and juries are frequently biased in favor of the victim. Without an experienced Denver criminal attorney, your chances at a fair trial or plea bargain are significantly reduced. At Hebets and McCallin, we know your rights and we will do everything in our power to serve you.


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DISCLAIMER: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact Hebets & McCallin, and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.