Dec 28

Denver Sexual Assault and Indeterminate Sentencing Attorney

A difficult part about sex crime allegations is that it is often one person’s word against another’s. Sometimes DNA evidence will come into play, but even the presence of DNA does not speak to consent. With serious sex crime allegations like Sexual Assault and Sexual Assault on a Child comes serious sentencing for convictions – namely, indeterminate sentencing. In Denver, Douglas, and Arapahoe County, a person convicted of certain sex offenses can be sentenced to a minimum amount of time in the Colorado Department of Corrections but can be held for the entirety of their life.

Indeterminate Sentencing for Sex Crimes in Jefferson and Adams County: What Does the Law Say?

Under C.R.S. 18-1.3-1004 – Indeterminate Sentence – the Adams and Jefferson County, Colorado law states:

The district court having jurisdiction shall sentence a sex offender to the custody of the department for an indeterminate term of at least the minimum of the presumptive range specified in section 18-1.3-401 for the level of offense committed and a maximum of the sex offender’s natural life.

This is only if no aggravators are present. The following are aggravating factors and the way they affect the sentencing ranges:

  • If the sexual crime is considered a crime of violence, then the court will sentence from the midpoint of the presumptive range to life.
    • Ex: The presumptive range on a class 3 felony is 4 to 12 years, so the sentence range for a sex crime that is a crime of violence is 8 years to life.
  • If the person being sentenced is deemed a habitual sex offender against children, then the court will sentence 3 times the maximum of the presumptive range to life.
    • Ex: The presumptive range of a class 4 felony is 2 to 6 years, so the sentence range for a person labeled a habitual sex offender against children is 18 years to life.
  • If the person being sentenced has HIV, knew they had HIV at the time of the offense and passed that HIV on to the victim, then the court will sentence the upper limit of the presumptive range to life.
    • Ex: The presumptive range of a class 5 felony is 1 to 3 years, so the sentence range for a person who passed on HIV while committing their offense is 3 years to life.

If you or someone you love has been charged with a sex crime, be smart, exercise your right to remain silent, and contact the best sex crime criminal defense attorneys from the O’Malley Law Office at 303-830-0880. Together, we can protect your future.

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