Colorado law carves out a special category of criminal protection for two groups considered among the most vulnerable in society: at-risk adults and at-risk juveniles. When a crime is committed against a person who falls into either category, the consequences for the accused escalate dramatically, sometimes turning what would otherwise be a misdemeanor into a serious felony, and pushing felony charges into sentencing ranges that can mean decades in prison.
If you or a family member is facing charges involving an at-risk individual in Greeley or anywhere in Weld County, understanding how these laws work and why they are treated differently is essential from the very first day.
Who Qualifies as “At-Risk” Under Colorado Law? A Greeley Criminal Defense Attorney Explains
Colorado’s at-risk statutes — found primarily in C.R.S. § 18-6.5-101 through § 18-6.5-108 — define these protected categories carefully.
An at-risk adult is any person who is 70 years of age or older, or any person who is 18 years of age or older and is a person with a disability, meaning they suffer from a condition that substantially impairs their ability to care for themselves, make decisions, or protect themselves from abuse, mistreatment, or exploitation. This includes individuals with physical disabilities, cognitive impairments, dementia, traumatic brain injuries, or severe mental illness.
An at-risk juvenile is any person under the age of 18 who has a disability as defined above. Essentially a child or teenager whose condition substantially limits their ability to protect themselves.
The common thread is vulnerability. Colorado law recognizes that these individuals may be less able to report abuse, resist exploitation, or navigate the systems designed to protect them. As a result, the legislature has attached enhanced penalties to crimes committed against them and prosecutors pursue those enhancements vigorously.
What Crimes Fall Under the At-Risk Statutes in Weld County, Colorado?
The at-risk enhancement applies across a wide range of criminal conduct. The most commonly charged offenses under Colorado’s at-risk framework include:
Abuse of an at-risk adult or juvenile — This covers intentional, knowing, or reckless conduct that causes bodily injury, as well as conduct that causes serious bodily injury or death. It also includes subjecting an at-risk person to unreasonable confinement or restraint, or to acts that produce cruel punishment, pain, or mental anguish.
Caretaker neglect — One of the most significant and frequently misunderstood charges. A caretaker, which includes family members, professional caregivers, healthcare workers, and anyone else who has assumed responsibility for an at-risk person’s basic needs, can face criminal charges for failing to provide food, shelter, clothing, medical care, or supervision, even when the failure was the result of poor judgment rather than malicious intent.
Financial exploitation — Colorado takes financial crimes against at-risk individuals extremely seriously. Taking, concealing, or using an at-risk person’s money, property, or assets without authorization (including through deception, undue influence, or by taking advantage of a position of trust) is a standalone criminal offense with significant felony penalties. This charge arises frequently in family caregiving situations and can catch well-meaning relatives off guard.
Theft from an at-risk person — Ordinary theft charges are elevated when the victim is at-risk. A theft that would otherwise be a misdemeanor can become a felony solely because of the victim’s status.
Who Gets Charged for a Crime Against an At-Risk Person and Why It’s Often a Surprise
The profile of a person charged with a crime against an at-risk individual is often very different from what most people imagine. These cases do not primarily involve strangers preying on the elderly or disabled. The majority involve:
Family caregivers who are overwhelmed, undertrained, and under-resourced: Caring for an aging parent or disabled sibling at home without adequate support. A lapse in supervision, a failure to follow a medication schedule, or a moment of frustration that leads to a harsh word or physical contact can trigger an investigation and criminal charges.
Professional caregivers and healthcare workers: Nursing home staff, home health aides, group home workers who face allegations arising from the inherently difficult and sometimes ambiguous work of caring for individuals with complex needs.
Family members involved in financial management: Adult children, siblings, or other relatives who have access to an at-risk person’s bank accounts or assets and whose financial decisions, even ones made with good intentions, are later characterized as exploitation.
In Greeley and throughout Weld County, these cases are frequently initiated by Adult Protective Services (APS), which operates similarly to child protective services and has broad authority to investigate suspected abuse, neglect, and exploitation of at-risk adults. APS investigators coordinate closely with law enforcement, and their findings often form the foundation of criminal charges.
Contact a Greeley Criminal Defense Attorney Today
Crimes against at-risk individuals are prosecuted with particular intensity in Weld County, and the penalties upon conviction are severe. If you are under investigation or have been charged with abuse, neglect, or exploitation of an at-risk adult or juvenile anywhere in the Greeley area, including Evans, Windsor, Eaton, Milliken, or Fort Lupton, contact our office immediately for a free and confidential consultation. Do not speak to APS or law enforcement before you have legal representation in place.
If you or someone you love has been charged with a crime against an at-risk person, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
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