In Colorado, being charged with sexual assault can mean facing felony charges and even life in prison. The outcome of the allegations can have life-altering consequences, such as incarceration, indefinite probation, therapy, and sex offender registration. An experienced and aggressive Colorado Springs criminal defense attorney is imperative to building your case and retaining your rights.
Your Innocence May Not Exonerate You
It is common for someone accused of sexual assault to assume their innocence will exonerate them. They speak to law enforcement without legal defense, and inadvertently give information that is later used against them in the court of law.
Rule number one: Never speak to police without your attorney present! You should immediately call Colorado Springs criminal attorney Jeremy Loew or Matthew Roche if you have been arrested or charged with sexual assault
False accusations are also sometimes made by alleged victims to cover for other conflicts.
Be Aware Of The Statute Of Limitations
In Colorado, the statute of limitations for sexual assault is ten years from the time of the offense, if it is a felony charge. For a misdemeanor offense, the charge has to be filed within five years.
Sexual assault offenses at the fourth degree felony or higher are the only type in which a judge can give an ”indeterminate sentence”, meaning it has no defined end point. The sentencing typically reads “two years to life.” While the possibility exists that a defendant may be released on parole after two years in this type of sentencing, in reality there is little chance he will ever be released. Since the implementation of the Sex Offender Lifetime Supervision Act of 1998, few individuals have been released, and the final decision rests solely on the discretion of the Colorado Parole Board.
If probation is granted, it is lifetime probation, with high probability of re-incarceration, resulting in a natural life sentence.
Age Of Consent Can Determine If A Crime Has Been Committed
The age of consent laws in Colorado exist to determine when a crime has been committed, based on the age of the parties, regardless of consent.
If an adult has sexual contact with a minor under the age of fifteen, they are charged with sexual assault, because a child of this age or under cannot legally give consent. This applies in boyfriend/girlfriend relationships if one is under fifteen, regardless of the age of the older person.
A misdemeanor offense is charged when a child is fifteen or sixteen, and the defendant is ten years older. Misdemeanor sexual assault convictions require sex offender registration and treatment, and can only be charged if the contact was consensual. Forced contact will result in a felony charge.
Charges of sexual assault also include cases of marital rape. Colorado law strives to protect everyone equally, regardless of relationship.
Numerous defenses apply to felony sexual assault charges. Jeremy Loew tailors his strategy to address your specific legal needs and provides you with individual, personalized care. At The Law Office Of Jeremy Loew you won’t be given the run-around common at large, impersonal law firms. We care about you and are on your side 100%.
Make your first call to Jeremy Loew at The Law Office Of Jeremy Loew and he will help help protect your rights. Call (719) 387-4111 today or click HERE to contact Jeremy Loew.
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