Colorado Sex Crime Attorney Blog

Incest Charges in Denver: What to Expect from a Criminal Lawyer

Posted by Kyle B. Sawyer | Dec 02, 2013 | 0 Comments

Incest charges are common throughout Colorado. Incest – C.R.S. 18-6-301 is a serious crime; if you have been arrested or charged with this sex offense in Denver, Adams or Jefferson County, it is vital that you work with an experienced criminal defense attorney. The consequences of a conviction are harsh and life-changing. An attorney who has a thorough understanding of criminal law and the justice system will protect your future.

Incest Charges: More about this Offense

Incest charges are usually accompanied by charges of Sexual Assault on a Child – C.R.S. 18-3-405, or Sexual Assault on a Child by a Person in a Position of Trust – C.R.S. 18-3-405.3. Incest is charged when a person has alleged sexual contact with a “descendant” or “ancestor.” These terms are defined by Colorado statute and include: a person's child, adopted child, step child of 21 years of age or older, brother or sister (whole or half-blood), uncle, aunt, nephew or niece.

What is the Sentence for Incest?

Incest is a class 4 felony sex offense in Douglas, Arapahoe or Larimer County.

 – Indeterminate Sentencing

Normally, if you are convicted of a class 4 felony, you would be sentenced to up to 6 years in the Colorado Department of Corrections. Incest is subject to Colorado's Indeterminate Sentencing laws, however. This means that the judge is unable to set an upper limit on your prison sentence. A person convicted of Incest would receive 2 years to life in prison. Release from prison would be up to the Colorado Parole Board and their decision about whether or not a person is “safe” enough for society. With limited sex offender treatment in the Department of Corrections, achieving safety could take many years.

 – Sex Offender Registration

If convicted of Incest, you would be required to register as a sex offender. In some cases, you would have to register for the remainder of your life, and would not be able to petition the court to deregister. If you received a deferred judgment, you are able to petition the court to deregister. If you have any questions about stopping registration as a sex offender, please contact one of our experienced criminal defense attorneys who can help you with your specific case.

 – Sex Offender Treatment

If you are convicted of Incest, you will be required to go through sex offender treatment overseen by the Colorado Sex Offender Management Board (SOMB). The SOMB is very strict and holds the belief that all sex offenders are the same and should receive the same treatment.

Why You Need a Criminal Lawyer

If you are facing an incest charge, it is very important for your future that you work with an experienced criminal lawyer who has worked on sex offense cases in the past. We will fight for you in court and present a strong defense to protect your future. You could go to prison for the rest of your life – don't gamble with your future.

Request a Free Consultation

If you or a loved one has been charged with Incest in Cheyenne, Denver or Adams County, be smart, exercise your right to remain silent, and contact an experienced criminal lawyer 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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About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.


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