Sex offenses are prosecuted aggressively in Colorado. This is especially true if alleged charges involve children. If you have been accused of a sex crime, you should take things very seriously.
Below, we will discuss sex offenses in Colorado. However, if you are facing a sex offense charge, it is recommended that you contact the attorneys at Koziel & Lehr Law LLC. Our team can provide you with assistance, specific answers regarding your case, and legal advice.
About Sex Offenses in Colorado
Based on various Colorado Revised Statutes, sex crimes are divided into different categories including sexual assault and sexual contact. Sexual contact may involve unwanted physical interaction of a sexual nature. This includes crimes of sexual battery, groping, and fondling. Sexual assault may involve intrusion and penetration.
In the sexual assault category, crimes such as forced pentetraion and other similar acts are included. The consequences of sex offenses in Colorado are serious. Apart from indeterminate prison time and hefty fines, some sex offenses require you to permanently register as a sex offender in Colorado.
Do you need a lawyer for sex offenses in Colorado?
If you have been arrested for a sex crime in Colorado, you should call an attorney right away. Sex crimes can be complicated, and the details of your case will need to be reviewed by a qualified lawyer with experience in this area of criminal defense law.
If you are convicted of a sex offense in Colorado, the penalties could be severe. To ensure the best possible outcome for your case, contact the sex offense attorneys at Koziel & Lehr Law LLC as soon as possible.
How does someone get charged with sexual assault in Colorado?
Sexual assault offenses fall under Colorado Revised Statute 18-3-402. Sexual assault includes forced penetration, forced oral sex, penetration with an object, and other acts that create sexual contact from one individual to another without legally acceptable consent.
What is the age of consent in Colorado?
In Colorado, if a alleged victim is under the age of 17, assault charges involving a minor may be leveled against you. Sexual assault involving a child is covered by Colorado revised statute 18-3-405. The penalties for sexual assault on a minor are may be severe than sexual assault charges involving adults.
What are the main factors considered with sex offenses?
If an alleged victim of a sex offense is over the age of 17, the main factors considered include whether or not a sexual act took place, if the person willingly consented to it, and how the alleged victim objected. If the alleged victim did not consent to sexual contact, factors such as whether they were awake or asleep, whether they were intoxicated, and whether they were evaluated by a medical professional will be considered.
Was the alleged victim unconscious? Was the alleged victim capable of understanding the act of sexual conduct? Was the alleged victim drugged by the assailant? Was an exam consistent with reasonable medical practices conducted? All of these factors are important as charges are investigated.
What are the penalties for sex offenses in Colorado?
The penalties for sex offenses can vary greatly. If there were aggravating factors, the penalties are likely to be far more severe.
With violent sex crimes, prison sentences of 25 years or more are possible. Additionally, those found guilty of sex offenses will have to register as sex offenders in Colorado. Additionally, many offenses carry indeterminate sentences, C.R.S § 18-1.3-1004.
What are aggravating factors for sex offenses?
The level of the felony offense will vary depending on the extent of injury to the alleged victim and other factors surrounding the alleged crime. § 18-3-402.
- Sexual assault factors include:
- The age of the alleged victim
- Whether the alleged victim is under 15 years of age
- Whether the alleged victim was at least ten years younger than the assailant
- Whether the assailant was aided by another person in the assault
- How much harm the alleged victim suffered
- Whether threats of violence were made
- Whether other injuries or violent acts took place
- If the alleged victim was pregnant
Sexual offenses’ penalties and punishments for convictions can be even more severe.
Additional consequences usually follow convictions of sexual assault. These additional consequences may include the loss of your parental rights, community supervision, mandatory treatment, polygraph testing, mandatory drug testing, and ineligibility for Colorado record seals or expungements. Since this is a felony assault crime, other consequences may follow, depending on the felony class.
Do sex offenders in Colorado have to register?
Yes, all adults convicted of felony sexual offenses must register their names in the felony sex offender registry of the Colorado Bureau of Investigation. This registry will list your name and registration status, date of birth, physical address, a list of your crimes, the date of conviction, and the identification as a sexually violent predator if applicable.
Additionally, local law enforcement agencies will be notified if you fail to register this information. Re-registration in other jurisdictions may also be necessary. Anyone considered a Sexually Violent Predator (SVP) is also subject to community notification.
Those who fail to register as sex offenders in Colorado may be found guilty of committing a class 6 felony offense class 1 misdemeanor offense, depending on the underlying offense requiring registration. § 18-3-412.5.
Can somebody be removed from the sex offender registry in Colorado?
In some situations, a sex offender can petition to be removed from the registry. Usually, this will only happen if the convicted individual has not committed any other sex crimes for 10 or 20 years. § 16-22-113.
How can you defend yourself against sex assault charges?
Defending yourself against sex assault allegations will usually involve using the evidence and facts of the case. Hiring a skilled criminal defense attorney is one of the best ways to ensure that your side of the story is fairly represented in court.
Are you being charged with an alleged sex offense? If so, you should contact a skilled criminal defense attorney right away. Sex offenses can lead to lasting ramifications. Simply beating your charges may not be enough to restore your good name. For this reason, we help clients aggressively and proactively work toward protecting their rights.
We have the legal experience and capability needed to help you now, no matter what stage your case is currently in. Koziel & Lehr can handle all levels of offenses including the most serious felonies.
At Koziel & Lehr Law, we are serious about working collaboratively to achieve the best possible outcomes for our clients. If you are being charged with an alleged sex crime, it may be best to exercise your right to remain silent until you have spoken with someone from our team.
Together, we will work hard to protect your rights and your future. We can help you present all aspects of your case to the District Attorneys. However, when a sex offense case does not resolve in a dismissal or a favorable plea bargain, we are skilled and experienced trial lawyers. We handle all levels of offenses. Contact us to learn more or schedule a sexual offense consultation.
For Proactive Colorado Defense Lawyers to Assist with Sex Offenses, call Koziel & Lehr Law LLC at (720) 314-8750.