Sexual assault is one of the most devastating criminal charges a person can face. A skilled and experienced sexual assault attorney can help navigate the judicial system to avoid the difficult road ahead. Sexual assault labels are serious and could result in the loss of your job, family, your home, and liberty.
Many people including family and friends can become involved in a criminal charge of sex assault. Its best to consult with an experienced criminal defense attorney as soon as possible before or after being arrested. Stop talking to everyone but your attorney. Make no statements to the police and your family and friends. They can use this to convict you if the case goes to trial. Having a qualified attorney to represent you is critical for keeping your reputation and livelihood intact.
Understanding the distinction of Sexual Offenses
Most jurisdictions are very aggressive in investigating, charging and prosecuting these types of crimes. Because of the severity of a criminal charge a conviction will result in having to register as a sex offender.
Finding the right lawyer for representation is crucial. Many criminal defense attorneys won’t take on a sexual assault case. Your attorney must have experience in representing you in sexual assault including those with domestic violence implications.
Understanding the Consequences of Sexual Assault in Colorado
The following sex offenses are subject to having to register as a sex offender.
- Sex assault, Sexual Assault or Rape
- Peeping Tom
- Drug facilitated Sexual Assault
- Indecent Exposure
- Sexual Assault or Rape: the victim is less that 15 and the accused is more than 4 years older or the victim is 15 or 16 and the accused is at least 10 years older.
- Sexual Assault on a Child: the victim is less than 15.
Understanding the Consequences of Sexual Assault in Colorado
In Colorado, being charged will immediately result in having to post a bond, having a no-contact order with anyone under 18, possible GPS ankle monitor, being barred from using the internet, computers, and cell phones and other possible restrictions on use of alcohol, drugs, and limits on where one can live.
Conviction of misdemeanor sex assault, usually referred to as statutory rape–consensual sex with an underage person–can result in up to a 2 year jail sentence and/or several years of probation. Conviction of felony sex offense can result in a prison sentence of 4 years to life. Many sexual assault convictions will exceed 8 years to life.
Representing this type of charge requires a thorough knowledge of the nuances of the law concerning sex offenses. The strongest sex assault defense for the accused includes researching the credibility of the victim and evidence against the accused. Mitigating circumstances play a big part in the defense of this crime.
The risk of a conviction is life changing. Investigation and use of forensic experts are tools used to build a defense in your favor.
Sexual Offenses
This type of charge may require a thorough investigation, technical experts and knowledge of the law to avoid a conviction. There is a variety of charges that are considered sex offenses.
Possible charges for arrest in Sexual Assault:
- Unlawful sexual contact
- SAOC – Sexual Assault on a Child
- SAOC position of trust
- Sexual Exploitation
- Indecent Exposure
- Incest
- Internet Luring or exploitation
- Solicitation
These include phone, texting or internet enticement.
Sex Assault on a Child, Internet
The internet is a useful tool but when it is used for criminal acts it becomes a dangerous tool. It is very easy to get caught up in child pornography and there are times when it is unintentional or accidental. Computer stings are a favorite for all jurisdictions in the Denver metro area and some are more aggressive than others. Child pornography and solicitation involves the internet.
Law enforcement in Denver and other jurisdictions especially Jefferson County surveil specific sites to see who is using them. Seeking to meet up with an underage person you have been chatting with is probably law enforcement in an undercover sting.
Law enforcement, government agencies, the prosecution will track the user and eventually arrest them and seize their devices and computers. The prosecutor is eager to convict. Their first offer is not in your best interest. The person is looking at possible prison time and probation.
The Sex Offender Registry in Colorado
Sex Offense Registration for sex offenses is required in Colorado and federal law for most but not all offenses. Registration applies to all convictions entered after July 1, 1991. A person is required to register in the jurisdiction they are living in with law enforcement. A person is required to register within five business days of conviction or upon coming to Colorado if conviction is outside of Colorado.
Failure to register is a felony. Failure to register may result in additional time on the registry.
Registration is required on the person’s birthdate each year and sometimes quarterly. Serious convictions will result in a life time of registration. Sexually Violent predators are required to register every 90 days for the rest of their lives. Juvenile persons are required to register as well.
Finding a Qualified Sexual Assault Attorney in Denver
Protect your legal rights. The type of crime your facing is serious and worth finding the best legal counsel possible. Developing a strong defense strategy is necessary for your welfare.
Having a knowledgeable and qualified attorney includes protecting your rights, challenging prosecution and police claims and presenting mitigating evidence to fight for your freedom.
At Philip M. Smith specializes in sexual assault in Denver, Colorado. Contact me today for a free confidential consultation, 303-333-8900.
