Memorial Day weekend is here, and we're all breathing a sigh of relief. It's time to relax – time to kick back and enjoy a three day weekend in Denver, Adams, and Jefferson County. I want to issue a word of caution to you all, however: As an experienced criminal defense attorney (I have been practicing criminal law for 23 years) I have seen more and more people charged with crimes as a result of partying on holiday weekends. It makes sense – people are excited to let their hair down and relax. Often, this includes drinking and partying – which creates perfect situations for a crime to be committed. Here are a few crimes which are commonly charged after holiday weekends:

Unlawful Sexual Contact in Denver

This crime is easily charged in Glendale, Aurora, and Highlands Ranch. Unlawful Sexual Contact – C.R.S. 18-3-404, is charged whenever a person has sexual contact with another person without their permission, or because they are incapable of consenting due to intoxication or another physical condition. The real problem with this sex offense is that the term “sexual contact” means the touching of intimate parts (including the clothed butt or breasts) if done for the purpose of sexual arousal, gratification, or abuse. An example would be a man and a woman dancing at a night club. They both have had too much to drink, the music is loud, and lights are low. The man grabs the woman's butt while they're dancing. She's fine with it in her intoxicated state, but a friend mentions the situation to her the next day and she is embarrassed. She decides to press charges, and the man is arrested for Unlawful Sexual Contact. No one considers his level of intoxication.

[pullquote align=”center” textalign=”center” width=”80%”]These two crimes are commonly charged after holidays like Memorial Day weekend.[/pullquote]

Public Indecency in Colorado

Public Indecency – C.R.S. 18-7-301, is often charged as a result of bad judgment after intoxication in Douglas, Arapahoe, or El Paso County. A person will be charged with Public Indecency if they do any of the following in a public place:

• Have sex
• Expose an intimate part of the body (not including the genitals) with the intent to arouse or satisfy anyone's sexual desire
• Lewdly fondle or caress another person
• Expose a person's genitals with the intent to cause affront or alarm

A few examples acts of Public Indecency would be a couple who grope each other in a public park, or a group of high school boys who moon passing cars. This offense is often charged after someone pees in a public place. In some cases, a second conviction of Public Indecency is a class 1 misdemeanor sex offense. This means the person who is convicted will be required to undergo sex offender treatment (overseen by the Colorado Sex Offender Management Board) and sex offender registration. This harsh sentence is unnecessary.

Contact a Lawyer if You Are Charged with a Crime

If you are contacted by the police after Memorial Day weekend, don't hesitate to contact an experienced sex crimes attorney. Sex offenses are serious and convictions are life-altering. Don't try to fight charges yourself, or think that because you are innocent, your case will be dismissed. Working with a skilled criminal lawyer will ensure you have the best defense possible in your case.

Request a Free Consultation

If you or a loved one is contacted by the police after Memorial Day weekend regarding a sex offense, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office for a free initial consultation at 303-830-0880, or submit the “Get Help Now” form. Together, we can protect your future.

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