Colorado Sex Crime Attorney Blog

Misdemeanor Sexual Assault in Denver and Arapahoe County: When is Misdemeanor Sexual Assault Charged?

Posted by Kyle B. Sawyer | Apr 10, 2017 | 0 Comments

Learn more about misdemeanor Sexual Assault in Denver.

Image Credit: Pixabay – Pexels

Sexual Assault, C.R.S. 18-3-402, is normally charged as a felony in Denver and Arapahoe County. Upon a conviction of felony Sexual Assault, a person risks facing an indeterminate sentence (life-time), sex offender registration and treatment, and fines. However, there are circumstances where Sexual Assault can be charged as a misdemeanor, as discussed below. If you or a loved one is facing charges of misdemeanor Sexual Assault in Colorado, consult a criminal defense lawyer immediately.

Sexual Assault Lawyer in Douglas County: When Sexual Assault is a Misdemeanor Charge

In Douglas County, Sexual Assault is a misdemeanor charge if a child is 15 or 16 years old and the adult is at least ten years older than the child. Sexual consent is normally not applicable in Sexual Assault cases involving a child because a child cannot legally give consent. However, in misdemeanor Sexual Assault cases, the child must give consent to the sexual contact, otherwise it becomes forced sexual contact. Under C.R.S. 18-3-402(1)(e), an actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if:

“At the time of the commission of the act, the victim is at least fifteen years of age but less than seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the victim.”

Sexual Assault under these circumstances is a class 1 misdemeanor extraordinary risk crime in Douglas County.

Sexual Assault on a Child – Position of Trust in Adams County: When Adult is in Position of Trust, It is a Separate Crime

In cases where an actor is in a position of trust with respect to a child victim 15 or 16 years of age, it becomes a separate sexual offense in Adams County. If an adult subjects a person (not his or her spouse) to any sexual contact when the child victim is less than eighteen years old and the actor is in a position of trust with respect to the child victim, it becomes Sexual Assault on a Child by One in a Position of Trust, C.R.S. 18-3-405.3. Sexual Assault on a Child by One in a Position of Trust is charged as a class 3 felony or class 4 felony and is subject to Colorado's indeterminate sentencing laws.

Sexual Assault Lawyer in Golden and Jefferson County: Call the O'Malley Law Office

Misdemeanor Sexual Assault charges can still come with crippling consequences upon a conviction in Golden or Jefferson County, including possible jail time, sex offender registration and sex offender treatment as a condition of probation. Contact with children is often prohibited, even your own children in some cases. You cannot afford to risk facing any of the above consequences if charged with misdemeanor Sexual Assault in Colorado. Consult an aggressive criminal defense lawyer from the O'Malley Law Office right away to set up a consultation and discuss your options moving forward.

If you or a loved one has been arrested for misdemeanor Sexual Assault in Colorado, be smart and exercise your right to remain silent. Then, 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.

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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