Sexual Assault Criminal Defense Attorney in Denver, Colorado
Our society including our criminal justice system has a very strong reaction against a person who is accused of committing any kind of sexual assault offense. This is obvious from the strict penalties faced by convicted sex offenders, and the rigorous requirements of Colorado’s sex offender registration program. Denver Sexual Assault Defense Attorney Philip Smith is not intimidated by allegations in a prosecutor’s file. Phil takes sex crime cases other lawyers will not because of the nature of the crime or the difficulty in preparing a convincing defense. Phil Smith has successfully represented clients that charged with sex offenses from sexting to child pornography to internet luring and sex assault on a child.
An exclusively criminal defense attorney, former prosecutor and judge, Philip Smith has practiced law for over 30 years. It takes that level of experience to review, investigate and aggressively navigate the complexities of sex related criminal cases.
If you have been accused of one of the harshest crimes to society, DO NOT speak with anyone but your attorney. Everything you say may be used against you. That includes your friends and family. Let me do everything I can to preserve your dignity, safety, reputation and livelihood.
Convictions and sentences for any sex crime in Colorado are harsh and have evolved since the 80’s. The Denver, Adams, Arapahoe and Jefferson county district attorney’s are aggressive in prosecuting alleged sex offenders.
In cases in involving sex crimes in Colorado, building a successful defense requires technical medical knowledge as well as the ability to effectively interview defense witnesses and attack the credibility of witnesses for the prosecution. The consequences of a conviction are so devastating for the accused some circumstances require enlisting the additional skills of an investigator, forensic examiner or other experts to ensure the best possible resolution in your case.
Questions?
Call my office today for a free confidential consultation
Denver, Colorado Attorney Philip M. Smith
303-333-8900
My decades of legal experience include many years successfully handling sex offense cases from all perspectives: as a former prosecutor, a former judge and a defense attorney. Colorado Sexual Assault crimes are sensitive and difficult for the accused, their family and friends. I understand these issues and I know how to present an effective defense for clients facing sex offense charges. The sex offenses listed below, if convicted, would require a person to register as a sex offender on the Colorado Sexual Offender Registry. Some municipal ordinance violations such as Urinating in Public are not offenses that require registering as a sex offender.
- Sexual Assault, Sex Assault or Rape
- Invasion of Privacy for Sexual Gratification or Peeping Tom cases or Voyeurism
- Drug-facilitated Sexual Assault: Victim is physically helpless or incapable of appraising the nature of their own conduct.
- Indecent Exposure or Public Indecency or Exhibitionism: These are very different offenses with very different consequences.
- Sexual Assault or Statutory Rape: When the victim is less than 15 and the actor is more than 4 years older or if the victim is 15 or 16 and the actor is at least 10 years older
- Sexual Assault on a Child, (SAOC), when the victim is under the age of 15.
All of these are life changers and require the best professional legal defense you can find. Philip Smith has been a Navy JAG, a prosecutor and judge before becoming a private criminal defense attorney. These unique professional achievements have prepared Mr. Smith to successfully negotiate for his clients in one of the most hostile and biased areas of criminal law.
SEX ASSAULT
A successful defense of any sex crime begins with blending a strong technical, medical knowledge and the ability to sort out the facts from fiction. Victims will give their statements to the police and prosecutors. It is my job to attack the credibility of the victim and evidence against my client.
Even an investigation or arrest for a sex crime is devastating for the accused as well as family and friends. The risk of a conviction is life changing. Often the additional skills of an investigator and other forensic experts are needed to ensure a favorable resolution to your case.
Do not discuss what happened with ANYONE except your attorney. That includes phone calls, texts, and visits. Children, parents, friends, and cell mates can all be used as witness against you. I can assure you that you and your case will be handled with the utmost of care and understanding without judgment. Call me, Philip M. Smith, Sex Offense Criminal Attorney for a free confidential consultation to discuss your case, 303-333-8900.
CRIMES AGAINST CHILDREN
Being accused of abusing a child or committing a sex act against a child may be the most serious and explosive of all crimes. When there is sufficient evidence for a prosecutor to arrest and charge you, they will act swiftly. You need a criminal attorney with years of experience with Sex Crimes defending you, your reputation and livelihood.
Whether it is a family member, a person in a position of trust or a complete stranger, the impact of the loss of a child’s innocence is far reaching with many people working against you. Law enforcement, investigators, government agencies and social worker’s are monitoring your behaviors and those of your family to build a case against you. Once charged, restraining orders are in place preventing you from seeing your own children or any child under the age of 18 as well as other restrictions. Everything you do is under scrutiny and the right thing to do is hire a criminal defense attorney that is not afraid to tackle the intricacies of difficult sex assault cases. Probable cause for arrest for Child Abuse resulting in injury or death
- Pattern of conduct
- Failure to seek or provide medical care
- Abuse resulting in injury or death
- Criminal negligence
- Harboring, confining or isolating
- Exposing child to illegal drugs or activities or threats
- Malnourishment
Probable cause for arrests for Sex Abuse on a Child
- Unlawful sexual contact
- SAOC
- SAOC by someone in a position of trust
- Sexual exploitation
- Indecent exposure
- Incest
- Internet Luring or exploitation
- Solicitation
THE INTERNET AND SEX CRIMES
A person suspected of using a computer or other electronic devices to “chat” on forums or post sexually explicit pictures, images or photographs of a minor child four years younger or under the age of 15 may be charged with the following:
- Internet Luring of a Child
- Internet Exploitation of a Child
Luring of a child is the attempt to persuade the child to meet knowing the boy or girl on the other end is underage. Exploiting a child under the age of 15 or a child four years younger by using the internet or other electronic device including phones to send or exchange sexually suggestive photos or images is a crime. Denver’s special task forces and prosecutors will pursue criminal charges aggressively. For both luring and exploiting a minor child, the accused must have communicated with the child intentionally for the purpose of exposing or “chatting” about sexually explicit acts and for the purpose of viewing the acts on the computer, telephone, texting (sexting) or any other device.
Law enforcement “stings” are nationwide. Every police department has the technology to tap into websites that engage is this activity. What happens in Colorado could be picked up in any other jurisdiction. Police and prosecutors do not consider child nudity an “art” form.
CHILD PORNOGRAPHY IN COLORADO
A person may find themselves in possession of pornographic pictures of a child under the age of 18 not realizing there is the potential of committing a crime. Possessing or viewing sexually exploitive materials of a child is a crime. Any photograph, electronically or digitally video, image, or reproduced materials showing a child nude or performing a sexual act for the purpose of selling or distributing by any means is a crime.
Computer sites for child pornography or kiddy porn may implicate other viewers during law enforcement sting operations locally and nationwide. You may not even know the images were transferred to your computer. I utilize a team of investigators and forensic computer experts to examine your computer or device.
Colorado’s Sex Offender Registry Program
About the Sex Offender Registry:
- Registration is required by Colorado and federal law for almost all sex related offenses.
- Colorado requires a person to register with local law enforcement within five business days of conviction or upon entering Colorado if the conviction was in another state.
- Registration applies to convictions entered after July 1, 1991.
- Register at the law enforcement agency within your residential jurisdiction(s).
- Failure to Register is a felony and can also extend the time required to register.
In Colorado, registration includes the requirement to cancel sex offender registration when moving from one jurisdiction to another, whether it is a change of city or county or state. Temporary residents are required to register also. Those people who have more than one residence must register in all jurisdictions of residence, including part-time residence. Even moves within a jurisdiction, no change in city or county, must be reported to authorities within five business days.
Most sexual assault offenses in Denver, Colorado require registration on the person’s birthday every year. Some serious offenses and those persons classified as sexually violent predators must register every 90 days for the rest of their life. Registration requirements apply to juveniles as well as adults.
Philip M. Smith has over 35 years of legal experience
as a judge, district attorney, and a private attorney
practicing in all areas of criminal defense law.
Consequences of the Registry
Other consequences with a conviction of a sexual assault offence may include internet posting by the Colorado Bureau of Investigation for specified offenses. Local law enforcement agencies are permitted to post lists of offenders on their websites. If you are residing in Colorado but your Sex Offense conviction is from another state you are still required to notify the law enforcement agency within your jurisdiction regardless of the originating state’s law. You are required to comply within five (5) business days to avoid a possible Failure to Register or Failure to Comply charge.
The laws and regulations governing registered sex offenders in Colorado are complex. The length of time you have to stay on the Sex Offender Registry depends entirely on the type of offense you were convicted of.
COLORADO SEX REGISTRY REQUIREMENTS
Each sex offender must register with law enforcement on their birthday or every 90 days depending of the type of conviction.
- Terms of registration range from 5, 10, 15, and 20 years to life time terms
- Restrictions of residence may prohibit living near schools or living with your children
- Moving out of state requires an offender to deregister and reregister in the new place of residence.
- If living in more than one residence, offender must register in each jurisdiction within 14 days.
- Upon conviction or release from jail or prison, sex offenders must register within five (5) days in the jurisdiction they are living in.
- Temporary residence for sex offenders must also register within five (5) days of arrival in Colorado.
- Even those receiving a Deferred Judgment and sentence must register.
- Additional restrictions and requirements may apply.
Sex offender information is maintained by the Colorado Bureau of Investigation (CBI). CBI information is available on the internet to identifying individuals with:
- Identifying information (tattoos, height and weight), photos and current addresses of sexually violent predators
- crime of violence
- adult sex offenders who fail to register on Colorado’s Sex Offender Registry.
SEX OFFENDER DEREGISTRATION FOR COLORADO
If you are considering deregistering from the Colorado Sex Offender registry, Attorney Philip Smith offers a free consultation to discuss your eligibility and opportunity. Not all offenses are eligible and determining eligibility can be very confusing. Call today 303-733-4535.
Petitioning the court to deregister is complicated and can only be presented to the court once a year. A full understanding of the circumstances is essential to gaining a successful acceptance of your petition to deregister. Not all cases can be removed from the registry. Criminal defense attorney Philip Smith will be assist you through the critical steps of the application process. For Colorado convictions the petition for removal from the registry are filed with the court that entered the judgment.
You may have to stay on the registry based on the jurisdiction and conviction interpretation for Colorado. Petitions to be removed from the registry for out of state convictions are filed in the district court jurisdiction of your current residence. For example, if you have out of state convictions but live in Denver, I will file your petition in Denver District Court. If your conviction was from out of state, Philip will review your court records and help make a determination of eligibility.
ARE YOU ELIGIBILE TO DEREGISTER IN COLORADO
If you are considering the possibility of deregistering from the Colorado Sex Offenders Registry, you must first give notice to the court of your intentions. The prosecutor, police and victims named in the original complaint must also be notified. This is a complicated process that if not done properly will be denied, setting back the opportunity another year.
If your sex offense case has been adjudicated or disposed of before the age of 18, you are eligible for deregistration when you have completed your sentence. A conviction for failure to register will delay the opportunity to petition for deregistration.
Contact My Denver Colorado Criminal Law Office
As part of my criminal defense practice, I help clients with questions and court proceedings relating to Colorado’s Sex Offender Registry or non compliance. I can determine whether you are eligible for Deregistration and removal of the Sex Offender Registry.
If you need a criminal lawyer to fight a Colorado Sex Offense charge or charges, or if you have questions about sex offence registration compliance, I encourage you to contact me at my Denver, Colorado law office, Philip M. Smith, 303-333-8900 today for a free and confidential initial consultation.
