Colorado Sex Crime Attorney Blog

Sexual Assault Denver Attorney | How Misdemeanor and Felony Sexual Assault Are Charged

Posted by Kyle B. Sawyer | Jun 24, 2016 | 0 Comments

Sexual Assault, C.R.S. 18-3-402, is a sexual offense that is defined broadly in Denver, Park County and across Colorado. There are many different circumstances which could lead to an accusation or arrest of Sexual Assault. Let's take a deeper look into what these circumstances are, and why you should always consult a criminal defense lawyer if you've been accused of misdemeanor or felony Sexual Assault in Colorado.

Sexual Assault Definition in Douglas County, Colorado

Sexual Assault, C.R.S. 18-3-402, is charged in Douglas and Adams County, Colorado, whenever an actor (who knowingly inflicts sexual intrusion or sexual penetration on a victim):

(a) Causes submission of the victim;

(b) Knows the victim cannot evaluate the victim's conduct;

(c) Knows the victim submits erroneously, thinking the actor is the victim's spouse;

(d) When the act is committed, the victim is less than 15 years old and the actor is at least 4 years older than the victim and isn't the victim's spouse;

(e) When the offense is committed, the victim is at least 15 years old but less than 17 years old and the actor is at least ten years older than the victim and isn't the victim's spouse;

(f) The victim is in custody of law or in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and they use that position to force the victim to submit (unless the act is incident to a lawful search);

(g) The actor engages in treatment or examination of a victim for purposes other than bona fide medical purposes, or in a manner inconsistent with reasonable medical practices;

(h) The victim is physically helpless and the actor knows the victim is physically helpless and hasn't consented.

Arapahoe County Sexual Assault Charges Are Complex

In Arapahoe County, Jefferson County and across Colorado, Sexual Assault charges are complex and vary significantly. Sexual Assault can be charged as either a class 1 misdemeanor extraordinary risk crime, class 2 felony, class 3 felony or class 4 felony in Colorado. The sentencing for any of these charges can range anywhere from up to 24 months in jail to 24 years in prison. The way Sexual Assault can be charged depends entirely on which of the above situations in the Sexual Assault statute you are accused of. For example, class 2 felony Sexual Assault is charged whenever, during the commission of the sexual assault, the actor is physically aided or abetted by one or more other people, the victim suffers serious bodily injury or the actor is armed with a deadly weapon and uses it to cause submission of the victim. These circumstances can lead to greater harm to the alleged victim, which can lead to the most severe class 2 felony charge of Sexual Assault. On the other hand, if you commit part (e) of the Sexual Assault statute, you will be charged with class 1 misdemeanor (extraordinary risk) Sexual Assault. Both misdemeanor and felony Sexual Assault can result in devastating consequences if you are convicted. Don't wait if facing any accusations. Contact a skilled criminal defense attorney at the O'Malley Law Office to defend you immediately.

Misdemeanor, Felony Sexual Assault Attorney in Denver: Why You Need One

If you are accused of misdemeanor or felony Sexual Assault in Denver, Highlands Ranch or anywhere else in Colorado, act quickly. The stakes are high in a Sexual Assault case. You could face sex offender registration and treatment, as well as a possible lifetime prison sentence if convicted, or upon a guilty plea or plea of nolo contendere in Colorado. The involvement of an aggressive criminal defense attorney early on in your Sexual Assault case can make all the difference in protecting your future. Call us today.

If you've been accused of Sexual Assault in Colorado, be smart, exercise your right to remain silent, and contact the top criminal sex crime defense attorneys at the O'Malley Law Office at 303-830-0880. 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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