In the State of Colorado, sex crimes are prosecuted aggressively. The mere allegation of a sexual offense could have life-long consequences, so the sooner you discuss your case with an experienced criminal defense attorney, the better.
If you have been accused of a sexual offense, you could face a lengthy prison sentence in addition to any damage your reputation is dealt. A Greenwood Village Sex Crimes Lawyer could help you fight back and clear your name.
Penalties of a Greenwood Village Sex Crime Conviction
If convicted, a person charged with sexual assault under Colorado law could face a maximum fine of $750,000 and between 4 and 12 years in prison according to Colorado Statute 18-3-402. However, the sentence can increase significantly if the prosecutor can prove that certain aggravating factors apply including:
- The victim is physically helpless and the actor knows the victim is physically helpless and cannot consent
- Physical force or physical violence was used
- Threat of physical harm, serious bodily injury, extreme pain, or victim believes actor will carry out these threats or threat of future harm to the victim
- Defendant used drugs or other intoxicants to cause the victim to have sex
- The victim suffers serious bodily harm as a result of the sexual assault
- Defendant possesses a deadly weapon
- The sexual assault is considered a “pattern” of abuse, or more than one occasion and the victim is a child
- The defendant is in a position of trust and the victim is under 15 years of age
- The defendant is on parole or felony probation
Unlike some felony offenses, Colorado law usually will not allow the record of a sex crime conviction to be sealed. In addition to fines and jail time, a conviction can lead to mandatory sex offender treatment, court costs, and mandatory registering as a sex offender. For some of these crimes, a defendant could be sentenced to an indeterminate amount of incarceration in the Department of Corrections. This means that the parole board could determine that a defendant would never be released from prison due to the severity of the crime committed. Since the consequences of a conviction can be severe, it might be beneficial for an individual to discuss their case with a seasoned Greenwood Village sex crimes attorney right away.
The Sex Offender Registry
Upon a conviction for a felony sex crime, a defendant must register as a sex offender with the Colorado Bureau of Investigation. Registration with the CBI is mandatory for all sex crime convictions other than juveniles and those convicted of misdemeanors according to Colorado Statute 16-22-103.
The sex offender registry requires individuals to provide information such as biographical information, including an offender’s name, address, and physical description. The registry will also list the crimes a person required to register is convicted of as well as details of their alleged habits.
A person required to register with the CBI will also have to update their information when they move. Failing to notify law enforcement about these residence changes can lead to additional criminal charges.
Collateral Consequences of a Sex Crime Conviction in Colorado
There are additional consequences for a conviction of a sex crime in Colorado outside of the punishments prescribed by statute. A conviction could impact a person’s reputation as well as their legal rights. Some of the most common collateral consequences of a sex crime conviction are:
- Mandatory polygraph testing
- Ongoing drug testing
- Loss of parental rights
- Mandatory sex offender treatment
- Difficulty obtaining housing
- Lost employment opportunities
- Loss of the right to own a firearm
- Loss of the right to vote
Speak to a knowledgeable sex crimes attorney in Greenwood Village to learn about how they could avoid the consequences and penalties of a conviction.
