Apr 15

Entrapment Defense in CO: Affirmative Defense to Internet Sex Crimes

Entrapment defense - an Affirmative Defense against Sex Crime ChargesIf you have been charged with an internet sex crime in Adams, Jefferson, or Douglas County such as Internet Luring of a Child – C.R.S. 18-3-306, Internet Sexual Exploitation of a Child – C.R.S. 18-3-405.4, or Enticement of a Child – C.R.S. 18-3-305, you need to contact an experienced criminal defense attorney immediately. This is because there is an affirmative defense we may use in your case, depending on the circumstances. This defense is called Entrapment – C.R.S. 18-1-709. Let’s look closely at this defense to determine its usefulness in your case:

Entrapment – A Simple Explanation

Put simply, an affirmative defense allows you to say: “Yes, I committed the crime in question. But, I have a legal trump to the charges against me.” Entrapment essentially states that you wouldn’t have committed the crime you have been charged with, without the involvement of the police or government. The Entrapment statute states:

“The commission of acts which would otherwise constitute an offense is not criminal if the defendant engaged in the proscribed conduct because he was induced to do so by a law enforcement official or another person acting under his direction, seeking to obtain evidence for the purpose of prosecution, and the methods used to obtain that evidence were such as to create a substantial risk that the acts would be committed by a person who, but for such inducement, would not have conceived of or engaged in a conduct of the sort induced.”

When a person is charged with an internet sex crime as a result of a sting operation, the Entrapment defense is sometimes plausible.

Situations When Entrapment is a Plausible Defense

When a person is charged as a result of police internet sting operations, the Entrapment defense is sometimes plausible. Police often pose as underage children interested in discussing sex in adult chat rooms. The police often drop hints they want to meet for a sexual encounter during a discussion, hoping the man will take the bait and suggest a meeting (which is needed in order to be charged with Internet Luring or Enticement of a Child). If it can be proven the police tempted a person to the extent they were the greatest contributor to the crime which was committed, the Entrapment defense can be used in Larimer, Arapahoe, or Denver County.

Difficulties with the Entrapment Defense

The government has made it difficult to use this defense in many situations, however. The police have covered their tracks and limited the use of this defense by adding specific language to the statute: “But for such inducement, would not have conceived of or engaged in the conduct…merely affording a person an opportunity to commit an offense is no[t entrapment even though representations or inducements calculated to overcome the offender’s fear of detection are used.” In other words – the police will do everything within their power to get you to commit a crime, and unless they were obnoxious and obvious, the entrapment defense is made void.

Why You Need an Experienced Criminal Defense Attorney

If you have been charged with an internet sex crime as a result of a police sting, don’t hesitate to contact an experienced lawyer at our office. We will look at your specific situation to determine whether or not the Entrapment defense can be utilized. Don’t put your future in the hands of an inexperienced public defender or divorce lawyer. Work with the skilled sex crimes attorneys at our office who have years of experience fighting on the behalf of people who have been charged in police stings.

Contact an attorneyIf you or a loved one has been charged with an internet sex crime and you believe the affirmative defense of Entrapment may be applicable, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 303-830-0880, or submit the “Get Help Now” form. Together, we can protect your future.

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Apr 11

Adams County Sheriff’s Deputy Arrested for Sexual Assault on a Child, Position of Trust

Sheriff's Deputy arrested for Sexual Assault on a Child by One in a Position of trust - should arrests be reported?Late last night, an Adam’s County Sheriff’s Deputy was arrested under suspicion of Sexual Assault on a Child by One in a Position of Trust. This is a very serious sex offense in Colorado – one which could result in an indeterminate sentence, or life in prison. Unfortunately for the Sheriff’s Deputy, his name and face are now plastered all over the news with accusations of being a child predator. If the allegations prove to be untrue, he will have a difficult time overcoming the stigma of the inflammatory news put forth by the media. These kinds of articles serve only to arouse suspicion and create gossip. It would be much better to wait until a person is convicted, or at least charged formally with a crime before publishing their face all over the news for the public to judge (which is why we are not mentioning his name in this blog). We have worked with more than one client who was declared innocent, but the newspapers never print a retraction. With crimes as serious as Sexual Assault on a Child, it is wise for us all to step back and not make assumptions about the guilt of people who are arrested. Let’s take a look at the seriousness of this offense in Denver, Jefferson, and Boulder County:

Publishing the names of people who have been accused of crimes serves only to arouse suspicion and create gossip.

What is Sexual Assault on a Child by One in Position of Trust?

Sexual Assault on a Child by One in a Position of Trust – C.R.S. 18-3-405.3, is slightly different than Sexual Assault on a Child. Colorado statute states that any person who “knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child by one in a position of trust if the victim is a child less than eighteen years of age and the actor committing the offense is one in a position of trust in respect to the victim.” In order to fully understand this law, we need to define a few terms:

-          What is “Sexual Contact”?

When we hear the words “sexual assault,” we think the worst. In reality, sexual assault can include touching someone’s butt or breast – while they are clothed. The definition is a knowing “touching of the victim’s intimate parts…or of the clothing covering the immediate area of the victim’s or actor’s intimate parts if that contact is for the purposes of sexual arousal.”

-          What is “Position of Trust”?

Position of Trust is defined as a parent, or any person acting in the place of a parent, such as someone who is responsible for the heath or supervision of the child. This term can be vague, but often includes teachers, pastors, youth pastors, and other professionals.

What is the Sentence for Sexual Assault on a Child, Position of Trust?

The sentence for this sex offense in Arapahoe, Douglas, or Larimer County varies, depending on the circumstance. But, regardless of the sentence, this crime is subject to indeterminate sentencing, which means there is no upper limit to how long a person will spend in prison.  A judge will sentence a person convicted of a class 4 felony Sexual Assault on a Child, Position of Trust, to prison (DOC) for a minimum of 2 years to life. If the victim is less than 15 years old, it is a class 3 felony with a 4 year to life sentence minimum. Another consequence is being required to register as a sex offender for the rest of your life (you are able to petition to deregister if you received a deferred judgment, however), and undergo sex offender treatment overseen by the Sex Offender Management Board.

Don’t lose hope if you have been accused of this sex offense – contact us and fight for your future!

Why You Need an Experienced Sex Crimes Attorney

If you have been accused of Sexual Assault on a Child by One in a Position of Trust, it is absolutely vital to your future that you work with an experienced criminal lawyer. Your life is at stake, and your family’s future is at stake. We have successfully defended many clients who have been charged with this serious offense. The media and the public will assume you are guilty until you have been proven innocent. You need an advocate to fight on your behalf in the court.

Contact an attorney for a free consultationIf you or a loved one is facing accusations of Sexual Assault on a Child, Position of Trust, just like the Sheriff’s Deputy, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 303-830-0880, or submit the “Get Help Now” form for a free consultation. Together, we can protect your future.

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Apr 09

Expert Witnesses and Serious Bodily Injury in Sexual Assault Cases in Denver

Super, expert witnesses are key to your sexual assault defense.If you have been charged with Sexual Assault – C.R.S. 18-3-402 in Denver, Arapahoe, or Douglas County, and there are allegations you caused Serious Bodily Injury (SBI), you need to contact an experienced sexual assault defense attorney immediately. This is because there are special sentencing rules in Sexual Assault / Rape cases. You need to have someone fighting on your behalf who has a strong grasp on the law, juries, and how District Attorneys operate. When Serious Bodily Injury is added to this charge, the sentence is much harsher. This is why we bring in expert witnesses to testify in support of your defense and prove the innocence of our clients. We call these expert witnesses “super witnesses” because they often provide testimony on key evidence. Let me explain how Serious Bodily Injury and expert witnesses are connected:

What is Serious Bodily Injury?

Serious Bodily Injury is defined in Colorado statute as “bodily injury which, either at the time of the actual injury or at a later time, involved a substantial risk of death, a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.”

When there are accusations that Serious Bodily Injury occurred, we often turn to people in the medical profession, such as doctors, surgeons, dentists, or nurses to testify. They analyze the evidence in a Sexual Assault case and often testify in support of our defense. How, you might ask? Let’s look at an example of how an expert witness can be the difference between a conviction and freedom:

Juries love expert witnesses, much like we all love good, old-fashioned superheroes.

How Expert Witnesses Save the Day

Let’s say a Denver County man has been accused of rape involving Serious Bodily Injury by an angry, revengeful ex-girlfriend. She has bruises and a fractured rib to prove her story. We contact a well-respected doctor to examine the x-rays, and he discovers the fractures occurred before the time when the alleged sexual assault took place. The expert witness’ professional opinion validates our defense to the jury. Juries love expert witnesses, much like we all love good, old-fashioned superheroes. This is because doctors, nurses, and other expert witnesses are professionals with years of study and experience. It is difficult to doubt the professional opinion of a well-respected physician. Because the District Attorney couldn’t prove beyond a reasonable doubt the sexual assault and Serious Bodily Injury occurred, our client is free. The super witness saved the day and kept an innocent man from going to prison.

Why You Need an Experienced Criminal Defense Attorney

We have a network of medical professionals and other expert witnesses we often work with in criminal cases in Jefferson, Larimer, and Adams County. They can be expensive to retain, but when their involvement means the difference between freedom and prison, a price cannot be put on their knowledge. The criminal defense lawyers at our office have over 20 years of experience working with expert witnesses and creating a strong defense for our clients. Don’t stand alone in front of a judge. Work with a strong team who can fight on your behalf.

Contact an attorneyIf you or a loved one has been charged with Sexual Assault / Rape, or another sex crime in Littleton, Aurora, or Thornton, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 303-830-0880, or submit the “Get Help Now” form. Together, we can protect your future.

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Apr 07

Alcohol and Public Indecency Charges in Denver

There is a close connection between alcohol and public indecency.Spring break is a fun time for college students at Colorado State University, Denver University, and Colorado School of Mines. It’s a time when you can relax from the constant strain of classes and study, and let loose. Unfortunately, letting loose often means drinking large amounts of alcohol. Whenever alcohol is involved, the chances of an arrest for illegal activity rise. For example, Public Indecency is charged whenever a person exposes themselves in public in Denver, Adams, or Jefferson County. When people’s judgment is clouded from alcohol, they do things they wouldn’t normally do. Let’s take a closer look at the connection between alcohol and Public Indecency charges in the Denver area:

How is Someone Charged with Public Indecency?

Public Indecency – C.R.S. 18-7-301, is a class 1 petty offense in most cases. A person will be accused of Public Indecency if they have sex, lewdly expose an intimate body part (not including the genitals), or lewdly fondle or caress someone else in a public place. If a person knowingly exposes their genitals to another person with the intent to cause alarm, they will also face Public Indecency charges.

 - Some Examples of Public Indecency

It is easy to be charged with Public Indecency in Larimer, Douglas, or Arapahoe County. For example, a couple making out in the park could be charged because of their “lewd fondling.” Or, a student at Colorado University could be accused after peeing / urinating in an alley after a party.

Don’t let a party and a bad decision ruin your chances at a promising future.

Alcohol and Public Indecency: A Close Connection

Alcohol clouds the judgment of even the wisest people. College students in Golden, Denver, and Fort Collins need to be careful of their actions if they are drinking during spring break. Group alcohol consumption often leads to wild behavior such as making out (Unlawful Sexual Contact), flashing fellow students (Indecent Exposure), streaking across football fields, and public urination. Don’t let a week off of school at the University of Norther Colorado ruin your chances at a promising future. Even a petty offense or misdemeanor on your record is damaging. In some cases, a second conviction of Public Indecency results in a sex offense conviction, with the requirement to register as a sex offender and go through sex offender treatment. One week of wild behavior is not worth a lifetime of regret.

Contact an attorneyIf you or a loved one or friend is facing accusations of Public Indecency after drinking too much and partying, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 303-830-0880, or submit the
Get Help Now” form. Together, we can protect your future.

Apr 04

Bad Medical Treatment of Inmates in Denver County Jails

Bad medical treatment for many inmates in Denver County jail

Image courtesy of Naypong / FreeDigitalPhotos.net

I understand we cannot provide first-class medical treatment for inmates in Denver, Adams, and Jefferson County jails – it just doesn’t make sense economically. But, this doesn’t mean we shouldn’t provide basic care for the people in the system. Sheriffs across Colorado often cut costs in dramatic ways. Even food is minimal and cheap, and medical programs often barely keep people alive. I have seen this first-hand:

Judges and the Health of Inmates

I have a client who has a serious health condition. The judge in her case completely ignored her condition. The judge’s attitude seemed to say:  “if you don’t want to suffer in jail, don’t commit a crime!” I understand judges are busy people who cannot personally care for each person they send to jails and prison. But, when a situation presents itself where an inmate needs medical attention, they should not ignore their responsibility. Often, judges lose their ability to empathize because they are too concerned with following procedures which provide safety for the community as a whole, and which furthers their career in Arapahoe, Douglas, and Larimer County.

Sheriffs and How they Run Jails

We often plead with judges about the medical issues of our clients, and they often tell us they aren’t going to tell a sheriff “how to run his jail.” Judges don’t want to cross certain boundaries, because they don’t want to deal with the fallout of a sheriff spending more money on inmates or policy changes. Sheriffs have a lot of power, because they can make a judge’s life miserable. Think about it: The sheriff is the one who enforces sentences, brings inmates to court in time, and provides security at the courthouse. Because sheriffs have a lot of power in jails, they aren’t accountable to the public, which can create a bad environment for inmates. For example, I once had a client who had surgery right before he went to jail. He was on strong narcotic pain killers because of his serious surgery. When he entered the jail, he was given only Tylenol, because it is cheaper, and because it isn’t commonly abused. He had to go off the pain killers cold turkey.

We Fight for Medical Treatment for Inmates

We fight hard for our clients to receive the medical treatment they need if they go to jail or DOC for sex crimes in Colorado. We know how to move judges and sheriffs to protect the health of our clients, and we are often successful. Don’t try to fight for your own medical care or the medical care of a loved one in jail. You need to work with an experienced criminal lawyer who knows the judges and law enforcement officials and how they think.
Contact an attorney for a free consultation

If you are facing a jail or prison sentence, contact one of our experienced criminal defense attorneys at the O’Malley Law Office to be your advocate with the judge and sheriff. Contact us at 303-830-0880, or submit the “Get Help Now” form. Together, we can protect your future.

Apr 02

Hearsay in Denver Sex Crimes Cases

Learn more about Hearsay - a rule of evidence in sex crimes casesHearsay is an evidence principle in Denver, Arapahoe, and Jefferson County courts. This simple rule is made complicated by many exceptions; many experienced criminal defense attorneys have a difficult time deciphering it. Hearsay has an enormous impact on sex crimes cases – it determines whether evidence is admissible in the court. Even important evidence can be excluded for your court hearing or trial, if the rules of evidence are not met. Let’s take a closer look at this rule of evidence:

Hearsay in Colorado Courts:

The definition of Hearsay is: “A statement other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.” Even this definition can be difficult to understand – especially if you are unfamiliar with the law. Here is an example: Let’s say there are two witnesses in an Attempted Sexual Assault case in Highlands Ranch. Witness A is on the stand, and during her testimony, she says she “heard Witness B say the defendant tried to sexually assault the alleged victim.” This seems fairly straightforward, but there are two types of statements which are not considered to be Hearsay. These are:

  1. Prior Statement by Witness
  2. Admission by Party – Opponent

Exceptions to the Hearsay Rule

In addition to the two types of statements which are not Hearsay, there are 23 exceptions to the Hearsay rule (which makes Hearsay inadmissible in Adams, Larimer, and Douglas County court). These exceptions which can make evidence admissible are:

  1. Public Records and Reports
  2. Records of Vital Statistics
  3. Family Records
  4. Recorded Recollection
  5. Marriage, Baptismal, and Similar Certificates
  6. Records of Regularly Conducted Activity
  7. Absence of Entry in Records Kept in Accordance with the Provisions of Paragraph (6)
  8. Excited Utterance
  9. Records of Religious Organizations
  10. Spontaneous Present Sense Impression
  11. Statements in Ancient Documents
  12. The Existing Mental, Emotional, or Physical Condition
  13. Learned Treatises
  14. Statement for Purposes of Medical Diagnosis or Treatment
  15. Judgment of Previous Conviction
  16. Absence of Public Record or Entry
  17. Records of Documents Affecting an Interest in Property
  18. Judgment as to Personal, Family, or General History or Boundaries
  19. Reputation as to Character
  20. Market Reports, Commercial Publications
  21. Records of Documents Affecting an Interest in Property
  22. Reputation Concerning Boundaries or General History
  23. Reputation Concerning Personal or Family History

Hearsay: Why You Need an Experienced Sex Crimes Lawyer

The many exceptions to the Hearsay rule of evidence which make it very difficult to understand. If you hire an inexperienced criminal defense attorney, or work with an overworked public defender, they might not analyze the evidence correctly, and you could end up not being able to use critical evidence in the courtroom. The skilled attorneys at our office have a strong grasp on the Hearsay evidence rule, and we understand the importance of analyzing evidence correctly. One mistake, and evidence which could prove your innocence could be inadmissible.
Contact an attorney

Don’t let a misunderstanding of the Hearsay rule ruin your chances at freedom in Lone Tree, Parker, or Greenwood Village. Let an experienced lawyer at our office handle your case and the evidence proving your innocence. Be smart, exercise your right to remain silent, and contact an experienced attorney at the O’Malley Law Office at 303-830-0880, or submit the “Get Help Now” form.
Together, we can protect your future.

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Apr 01

Being Mentally Unprepared: Five Mistakes Not to Make as a Criminal Defendant

Being mentally unprepared: The fifth mistake made by criminal defendants. This is the last part in our series about mistakes people make after they have been charged with a crime in Denver, Adams, and Jefferson County. First, we discussed how important it is to exercise your right to remain silent. Second, we talked about how social media is an extension of this right, and anything you say online can be used against you in court. Third, we discussed how bad it is to try to talk to the alleged victim and “sort it all out.” In the previous post, we discussed how dangerous it is for a defendant to want to be in control of their case, and not allow their lawyer to do his job. In this final installment, I will discuss the mistake people make in showing up for court mentally unprepared:

Know Your Case: Have a Plan

Before you step foot in the Douglas, Arapahoe, or Larimer County courtroom, you need to know the plan. Sit down with your criminal defense attorney before trial and go through the process. Are you pleading “guilty” or “not guilty?” Are you going to take the stand? Know what you are doing before you show up in court.

Know Your Place: Don’t Be Mentally Unprepared

I always coach my clients before we enter the courtroom. This is because it is easy to enter the court prepared to defend your honor and reputation. When your case is at trial, this is the worst time for you to defend yourself. Whether you chose a judge or jury trial, it is important to understand how people think; no one likes it when a person tries to defend themselves. They appear desperate. This is especially true for juries, whose decision regarding your freedom depends largely on your impression. Here are a few tips on how to act in the court:

Before Court:

  • Be on time: Be at the courtroom early – you don’t want to rush in out of breath.
  • Plan to be there all day: Don’t have things scheduled in the afternoon. You need to focus.
  • Don’t bring your children: Again, it is important to be focused and calm.
  • Sit quietly: Wait patiently for your case to be called. Don’t chew gum, read a newspaper, doze off, listen to music, play with your cell phone, or have a snack. People are watching you.
  • Stand when the judge enters: Listen to the court staff, who will tell you when you should stand.

When Your Case is Called:

  • Listen to your attorney: You hired your lawyer to be your advocate. Listen to what they say. If you hear something during the trial you think is important, share it quietly with your criminal defense attorney. They will defend you – let them do their job.
  • When you speak: If you are testifying, speak slowly and calmly – don’t get emotional. Be understandable (use common phrases) and concise (don’t ramble or tell long stories). Stick to the facts – don’t talk about issues which aren’t vital to your case. When speaking with the judge, refer to him or her as “your honor.”
  • Stay calm: Don’t interrupt or grow agitated during the trial. This will be difficult, because you will be hearing lies about your side of the story. Your lawyer is there to argue for you – your job is to listen and stay calm. Don’t appear desperate.
  • Be precise and thoughtful: Don’t try to think of every outcome of what you say. Answer truthfully and precisely. If you reference specific dates, be exact. Take as much time as you need when answering questions, but don’t stall – if a direct question is asked and you have to think about your answer, the jury might think you are lying. It is okay for the DA to score some points during your trial. Don’t be scared of this.
  • Realize the gravity of your situation: Don’t laugh or gossip about your case in the restrooms or hallway. The District Attorney, jury members, or other witnesses could hear you.

After Your Case is Decided:

  • Don’t express your emotions: Whatever the outcome of your case, don’t show your happiness or frustration.
  • Know the next step: Before you leave the courtroom, you need to know the next step you are required to take. If you don’t know, talk to your criminal defense attorney.
  • Keep your plans to yourself: If you plan to appeal the decision, don’t announce this to the court. The trial court has nothing to do with appeals.

Final Piece of Advice

The best thing you can do as a criminal defendant in the courtroom is to be likeable. Your future is going to be decided by one person (the judge) or a group of people (the jury). Whether you like it or not, they are people who are swayed by emotions, first impressions, and gut reactions. If you are prideful and smug during your trial, the judge or jury will not like you. If you are whiny and needy, they will not like you. It is difficult to side with someone you don’t like. Your job in the courtroom is to be quiet, respectable, polite, and likeable. It is your criminal defense attorney’s job to fight for your reputation and freedom.

Contact an attorney for a free consultationWe hope we have illustrated the danger of being mentally unprepared in court. If you or a loved one has been accused of a crime in Aurora, Lone Tree, or Glendale, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 303-830-0880, or submit the “Get Help Now” form. Together, we can protect your future.

Image courtesy of stockimages / FreeDigitalPhotos.net

Mar 28

Be In Control: Part Four of Five Mistakes Not to Make as a Criminal Defendant

A common mistake made by criminal defendants is their need to be in control in their caseIn previous blog posts, we have discussed the top three mistakes criminal defendants make during their criminal case. In the first post, we stressed the importance of remaining silent. Talking is the #1 mistake people make during their cases. In the second blog, we discussed using social media, which is a window into their life used by the District Attorney in their case. In the latest blog, we talked about the mistake of thinking you can “sort it all out” with the alleged victim. In this blog, I’ll talk about the 4th mistake people who have been accused of a crime make: They want to be in control of their case, in and out of the courtroom in Denver, Adams, and Jefferson County. This is not a good idea, and here’s why:

When the time comes, I will eloquently defend my client’s reputation and honor.

Instinct in the Courtroom

An effective criminal defense attorney not only has years of schooling, but must also have a good instinct. This is because the justice system is controlled by people, whether it be the District Attorney, or the judge or jury deciding the outcome of your case in Arapahoe, Larimer, and Douglas County. We know how judges think and respond, and we know what influences juries. I had a recent meeting with a client who was upset I did not speak dramatically on his behalf in the courtroom during a court hearing. He seemed to believe I wasn’t doing my best because I didn’t vehemently and loudly deny he had committed a crime every time the DA mentioned the charges against him. This is because I know the judge at the court hearing doesn’t decide his case – the jury will in a few months. When the time comes, I will eloquently defend his honor and reputation, but I have the instincts to understand the best timing. My clients do not have this instinct, because their future is on the line, and so their judgment is clouded.

The justice system and court processes are nothing new to us.

Experience in the Courtroom

The criminal defense attorneys at the O’Malley Law Office have over 30 years of experience in the courtroom. We have worked with hundreds of clients, in dozens of courtrooms against hundreds of District Attorneys. The justice system and court process are nothing new to us. Our clients, however, are usually scared and overwhelmed because they have never before been charged with a crime. They are not able to adequately defend themselves and be in control because they do not have the experience to do so. A good lawyer has a tried and true process of how they handle cases. Each attorney has his or her own style and way they approach the jury. The best thing you can do in your case is to let your criminal lawyer do what he does best, and give up your need to be in control.

Would you hire a hairdresser to work on your car?

This Is Our Profession and Passion

Would you hire a hairdresser to work on your car? No one in their right mind would do this – everyone wants to entrust the care of their car to a licensed mechanic, and the care of their hair to a licensed hairstylist. We know how the system works, unlike our clients, who are scared and overwhelmed because this is the first time they have dealt with the justice system. When we are hired to defend you in a criminal case, we take your defense personally. We are your best friend and advocate in the courtroom. The only reason we are there is to fight for your future and freedom. In fact, we are the only people in the courtroom who are there to represent your side of the story. Let us do what we know best. Relinquish your desire to be in control in the courtroom, and allow us to be your advocate and fight on your behalf.

Contact an attorney for a free consultationIf you or a loved one has been accused of a sex crime in Littleton, Aurora, or Lone Tree, give up your need to be in control, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 303-830-0880, or submit the “Get Help Now” form. Together, we can protect your future.

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Mar 26

Man Charged with Internet Sexual Exploitation of a Child in Arapahoe County, CO

Man charged with Internet Sexual Exploitation of a Child A man was arrested early this month for allegedly attempting to arrange a sexual encounter with a young girl. He has been charged with Internet Sexual Exploitation of a Child – C.R.S. 18-3-405.4 in Arapahoe County, Colorado. According to reports, the man used the internet (he has also been charged with Internet Luring of a Child – C.R.S. 18-3-306) to contact a young girl via a social network. What he didn’t know was the Centennial police were posing as an underage girl in a sting operation. Undercover sting operations are common in Denver, Adams, and Jefferson County. Let’s take a closer look at how this man was accused of this sex offense:

Charged with Internet Sexual Exploitation: A Look at the Statute

According to sheriff’s department, the man described “explicit sexual conduct” during his communication with a girl he believed to be 14 years old. In order to be convicted of Internet Sexual Exploitation of a Child, a person must:

  1. Invite or entice (over the phone or a computer)
  2. A person whom they believe to be under 15 years old (when they themselves are at least 4 years older than the alleged victim)
  3. To expose or touch their own or someone else’s intimate parts (which include the butt and breasts) while communicating using the computer or phone.

The Sentence for this Offense is Harsh

Internet Sexual Exploitation of a Child is a class 4 felony in Larimer, Douglas, and Boulder County. If a person is convicted of this sex offense, they could be sentenced for an indeterminate amount of time, would be required to register as a sex offender, and must go through sex offender treatment overseen by the Sex Offender Management Board (SOMB). SOMB treatment is highly invasive and emotionally damaging, as is registering as a sex offender.

Internet Sex Offenses Often Charged Together

Internet sex crimes are often charged together. This man was charged with Internet Luring of a Child as well as Internet Sexual Exploitation of a Child. He also could have faced accusations of Enticement of a Child – C.R.S. 18-3-305 which is charged whenever a person makes arrangements to meet a child for a sexual encounter. Because sex offenses are often charged together, it is wise to contact an attorney immediately to begin your defense and protect your future. Your job, family, and freedom are at stake. The sex crimes defense attorneys at our office have helped hundreds of good people get the best defense possible in their case.
Contact an attorney for a free consultation

If you or a loved one has been charged with an internet sex offense in Littleton, Highlands Ranch, or Englewood, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 303-830-0880, or submit the
Get Help Now” form. Together, we can protect your future.

Image courtesy of Stuart Miles / FreeDigitalPhotos.net

Mar 25

Domestic Violence and Sex Crimes: A Close Connection in Denver, CO

Domestic Violence and Sex Crimes in Colorado: A close connectionSex crimes are closely related to charges of Domestic Violence – C.R.S. 18-6-800.3 (DV) in Adams, Denver, and Douglas County. This is because the nature of DV requires the element of an “intimate relationship” which must be present in order for this sentence – enhancer to be charged. In many situations, an intimate relationship is defined as a sexual relationship (although a recent court decision changed this definition, making it vaguer than ever – read our blog post about this change in the definition of DV). Let’s take a closer look at how Domestic Violence and sex crimes are related:

Sexual Assault and Domestic Violence






Let’s say a man meets a woman at a bar in downtown Denver. They get along, so they start dating. On the second date, the woman drinks too much, and they end up going back to his apartment and sleeping together. The next day, the woman is embarrassed when she mentions what happened to one of her friends. Mortified that she slept with a man on their second date, she accuses him of Sexual Assault – C.R.S. 18-3-402, and says she was too drunk to say ‘yes.” The man could be accused with felony rape and the sentence enhancer of Domestic Violence, because the alleged crime occurred between two people who were in an “intimate relationship.”

Unlawful Sexual Contact and Domestic Violence






Unlawful Sexual Contact – C.R.S. 18-3-404 is charged easily in Arapahoe, Larimer, and Jefferson County. All it takes is for someone to touch another’s intimate parts (including the butt or breasts), or the clothing covering the intimate parts, for the purpose of sexual gratification. Let’s say a guy is out on the dance floor and is very drunk. He really gets into the music and grabs the butt of a woman on the dance floor. If he has ever been in a relationship with this woman (they went out on a couple of dates in high school), he could face charges of Domestic Violence as well as Unlawful Sexual Contact.

Invasion of Privacy for Sexual Gratification and Domestic Violence






Invasion of Privacy for Sexual Gratification – C.R.S. 18-3-405.3 is charged whenever a person observes, or takes photos of another person’s intimate parts for the purpose of sexual gratification, without permission, when the alleged victim has a reasonable expectation of privacy. Last year, a man was charged with this offense after allegedly taking nude photos of his girlfriend while she was asleep. In this situation, he could be charged with both Invasion of Privacy for Sexual Gratification and Domestic Violence.

The Sentence for Domestic Violence and Sex Crimes

When a person is convicted of Domestic Violence, they will be required to undergo treatment overseen by the Domestic Violence Offender Management Board (DVOMB). If they are convicted of a sex crime as well, they will be required to also go through sex offender treatment overseen by the Sex Offender Management Board (SOMB). DV treatment is expensive (the person going through treatment is required to pay). If you are convicted of DV, you will go through the same treatment as a man who is physically violent with his wife – no differentiation will be made. Also, a person convicted of DV will never be able to own a firearm, and may have a permanent protection order in place. These consequences are life-changing. Don’t stand alone in front of a judge or a jury. Contact one of our experienced Domestic Violence and Sex crimes lawyers who will begin working on your defense immediately.
Contact an attorney for a free consultation

If you or a loved one has been charged with Domestic Violence and a sex crime, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office at 303-830-0880, or submit the “Get Help Now” form. Together, we can protect your future.

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