Taking a substantial step toward committing a crime, even if you are not successful is charged as an Attempted crime in Denver, Brighton, and Golden. A man was recently charged with Attempted Sexual Assault after he was accused of grabbing a woman and trying to take her clothes off. According to the report, he had just been released from jail on an unrelated matter when the alleged attack happened. The woman fought back until others intervened, holding the man until police arrived. Upon their arrival, the man charged at the officers, so on top of the Attempted Sexual Assault charge, he is also charged with Assault on a Peace Officer.

Adams County Sexual Assault Lawyer: Definition of Sexual Assault in Jefferson County

The Adams and Jefferson County, Colorado law definition of Sexual Assault, as it relates to the case above – C.R.S. 18-3-402 -is:

(1) Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if:

(a)  The actor causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim's will;

Basically, the man is accused of trying physically overcome the woman against her will. However, because no penetration or intrusion occurred, the man can not be charged with just Sexual Assault.

Douglas County Criminal Attempt Attorney: What Does it Mean to be Charged with Attempted Sex Assault in Arapahoe County?

The Douglas and Arapahoe County, Colorado law definition of Criminal Attempt – C.R.S. 18-2-101 – is:

A person commits criminal attempt if, acting with the kind of culpability otherwise required for commission of an offense, he engages in conduct constituting a substantial step toward the commission of the offense.

Based on the fact the man was charged with Attempted Sex Assault, the officers must have felt that shoving the woman to the ground and trying to take off her clothes was a substantial step toward committing a Sexual Assault. Using physical force against a victim to commit a Sex Assault is a class 3 felony in Castle Rock and Aurora. When the Criminal Attempt is added to the crime, it lowers the felony level to a class 4 felony, because the crime was not successfully committed.

If you or a loved one has been charged with Attempted Sex Assault, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O'Malley Law Office at 303-830-0880 to schedule a free consultation or set up a jail visit. Together, we can protect your future.

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