If you are facing false allegations for a sexual offense, the top criminal defense attorneys at the O’Malley Law Office advise that you will serve a longer sentence in a Colorado prison if convicted. Colorado’s criminal presumptive sentencing range provides a range of time in jail or prison, parole time (if the crime is a felony), and fines for each class of crime when a person has been convicted of a crime. While this presumptive range applies to the vast majority of all crimes under Colorado law, it does not apply to sex crimes. Sex crimes instead fall under Indeterminate Sentencing, C.R.S. 18-1.3-1004, which means that those convicted of a sex offense will be sentenced to a longer amount of time in a Colorado prison. They will even have to wait longer for their parole eligibility date. Following a conviction, they can even be required to stay in a Colorado prison for the rest of his or her life – a penalty normally only reserved for class 1 felonies.
Greeley Legal Definition of Indeterminate Sentencing, C.R.S. 18-1.3-1004
Indeterminate Sentencing, C.R.S. 18-1.3-1004, is defined in Greeley as:
Except as otherwise provided in this subsection (1) and in subsection (2) of this section, the district court having jurisdiction shall sentence a sex offender to the custody of the department for an indeterminate term of at least the minimum of the presumptive range specified in section 18-1.3-401 for the level of offense committed and a maximum of the sex offender’s natural life.
C.R.S. 18-1.3-1004 makes it clear that a sex offender – that is, anyone convicted of a sex offense, regardless of the severity of the crime – will be sentenced to a longer time in a Colorado prison than a non-sex crime of the same class. Class 3 felonies usually entail 4 to 12 years in a Colorado state prison, but Patronizing a Prostituted Child – also a class 3 felony – instead falls under Indeterminate Sentencing as defined in C.R.S. 18-1.3-1004. Because Patronizing a Prostituted Child is a sex offense, a person convicted of this crime would be sentenced to serve a maximum of the rest of his or her life in a Colorado prison. For this reason, every step you take in a criminal case must be calculated and strategic to reducing your overall sentence in prison.
Benefits of Hiring a Top Greeley Sex Crime Criminal Defense Lawyer
False allegations of a sexual offense should never be tackled alone. If you are facing sex crime charges, it is crucial to hire an experienced Greeley criminal defense lawyer who will adamantly defend your case. The potential of serving in a Colorado prison for the rest of your life already comes with great risk to you and your loved ones. Otherwise, if you are not given a life sentence, you will instead be required to serve a lifetime parole or probation, depending on the offense you have been charged with and convicted of. Outside of this already severe punishment, your life will be permanently impacted by court-imposed fines of thousands of dollars and mandatory registration on the sex offender registry. It is best to hire a criminal defense attorney with decades of experience to minimize these harsh consequences, especially if the charges against you have no basis. Unfortunately, being falsely charged with a sex crime is not uncommon in Weld County.
Indeterminate Sentencing Crimes in Evans, Greeley and Fort Lupton
Evans, Greeley and Fort Lupton recognize a number of sexual offenses that are subject to Indeterminate Sentencing. These are:
- Sexual Assault, C.R.S. 18-3-402
- Sexual Assault on a Child, C.R.S. 18-3-405
- Sexual Assault on a Child by One in a Position of Trust, C.R.S. 18-3-405.3
- Patronizing a Prostituted Child, C.R.S. 18-7-406
- Internet Sexual Exploitation of a Child, C.R.S. 18-3-405.4
- Internet Luring of a Child, C.R.S. 18-3-306 (when it is a class 4 felony)
- Enticement of a Child, C.R.S. 18-3-305
- Felony Unlawful Sexual Contact, C.R.S. 18-3-404(2)
- Attempt to commit any of the above crimes
There is a vast array of crimes that fall under the umbrella of Indeterminate Sentencing, and this list does not exhaust all of them. It is always recommend that you contact an experienced criminal defense lawyer if you believe you may have been charged with an Indeterminate Sentencing sexual offense.