Colorado Law on Felony Sexual Assault | Weld County Sexual Assault Lawyer

Colorado law related to allegations of Felony Sexual Assault, or Rape, is very important.  When Weld County courts receive charges of this type, the stakes are high.    A conviction for Sexual Assault means facing indeterminate sentencing. That is a prison sentence with a minimum time in prison, but no exit time. This is a lot to risk, especially when it's a false accusation made by an ex who is out for revenge. At a time like this, hiring an experienced Weld County criminal defense lawyer is your best move.

Colorado Law for Greeley Sexual Assault, C.R.S. 18-3-402

Greeley police recognize the Colorado law definition for Sexual Assault, C.R.S. 18-3-402, as:

Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault, without permission.

Here, "Sexual Intrusion" means:

Any intrusion, however slight, by any object or any part of a person’s body, except the mouth, tongue, or penis, into the genital or anal opening of another person’s body if that sexual intrusion can reasonably be construed as being for the purposes of sexual arousal, gratification, or abuse.

And "Sexual Penetration" refers to:

Sexual intercourse, cunnilingus, fellatio, anilingus, or anal intercourse

When is Sexual Assault a Felony Charge in Fort Morgan, Evans and Erie?

In Fort Morgan, Evans and Erie, Sexual Assault amounts to a felony charge in just about every context. When someone is accused of any of the following, they will be charged with Felony Sexual Assault:

  • The actor causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim's will; or
  • They know that the victim is incapable of appraising the nature of the victim's conduct; or
  • They know that the victim submits erroneously, believing the actor to be the victim's spouse; or
  • At the time of the commission of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim; or
  • The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority to coerce the victim to submit, unless the act is incident to a lawful search; or
  • The actor, while purporting to offer a medical service, engages in treatment or examination of a victim for other than a bona fide medical purpose or in a manner substantially inconsistent with reasonable medical practices; or
  • When a victim is physically helpless and the actor knows the victim is physically helpless and the victim has not consented

Basically, anytime someone threatens, forces, or lies about their identity / their intentions with the victim, they commit Felony Sexual Assault. Being accused of Sexual Assault is an extremely serious crime, so if you're facing false allegations of Sexual Assault, hiring an expert criminal defense attorney will be your best bet.

When is Sexual Assault a Misdemeanor in Longmont and Windsor?

In one instance Sexual Assault in Longmont and Windsor is charged as a misdemeanor. When, at the time of the incident, the victim is between 15 and 17 and the actor is at least 10 years older, and no force is used, will the "Sexual Assault" be considered a misdemeanor instead of a felony. This provision was created with the thought of mixed aged relationships in mind. The law does not view people under 18 as legal adults, able to make decisions for themselves. But, Colorado law doesn't believe that sending an adult, who was in a consensual sexual moment, to prison is fair. Despite this though, because the minor involved is younger than the legal age, law enforcement still deems the incident illegal, and therefore will charge a misdemeanor instead.

Penalties for Felony Sexual Assault in Dacono and Lyons

When someone is falsely accused for Felony Sexual Assault in Dacono or Lyons, they face a very severe penalty. A Sexual Assault case can range from a class 4 felony to a class 2 felony. Below is a table describing which actions constitute each class of felony charge.

Class 4 Felony Class 3 Felony Class 2 Felony
Sexual Assault Details
  • The actor causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim's will
  • They know that the victim is incapable of appraising the nature of the victim's conduct
  • They know that the victim submits erroneously, believing the actor to be the victim's spouse
  • At the time of the commission of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim
  • When the victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority to coerce the victim to submit, unless the act is incident to a lawful search
  • The actor, while purporting to offer a medical service, engages in treatment or examination of a victim for other than a bona fide medical purpose. Or they do so in a manner substantially inconsistent with reasonable medical practices.
  • When the victim is physically helpless and the actor knows the victim is physically helpless and the victim has not consented
  • The actor causes submission of the victim through the actual application of physical force or physical violence
  • The actor causes submission of the victim by threat of imminent death, serious bodily injury, extreme pain, or kidnapping, to be inflicted on anyone, and the victim believes that the actor has the present ability to execute these threats
  • They cause submission of the victim by threatening to retaliate in the future against the victim, or any other person, and the victim reasonably believes that the actor will execute this threat
  • The actor has substantially impaired the victim's power to appraise or control the victim's conduct. They do this by employing, without the victim's consent, any drug, intoxicant, or other means for the purpose of causing submission.
  • In the commission of the sexual assault, the actor is physically aided or abetted by one or more other persons
  • The victim suffers serious bodily injury
  • The actor is armed with a deadly weapon or an article used or fashioned to cause someone to reasonably believe that the article is a deadly weapon or represents verbally or otherwise that the actor is armed with a deadly weapon and uses the deadly weapon, article, or representation to cause submission of the victim.

The penalties for a Class 4 Felony are:

Penalties for a Class 3 Felony are:

  • Serving between 4 and 12 years in the Department of Corrections
  • Paying a fine between $3,000 and $750,000
  • 5 years of mandatory Parole

Penalties for a Class 2 Felony are:

  • Serving between 8 and 24 years in the Department of Corrections
  • Paying a fine between $5,000 and $1,000,000
  • 5 years of mandatory Parole

Additionally, a conviction for Sexual Assault means that the defendant would also serve Indeterminate Sentencing, which you can read more about below.

Indeterminate Sentencing for Sex Crimes in Greeley, Johnstown and Frederick

In Greeley, Johnstown and Frederick, Indeterminate Sentencing is when a person serves a minimum sentence in the Department of Corrections, but they don't have a set date on when they get out. People who serve Indeterminate sentencing may have to remain in prison for the rest of their life, and some might get out after they serve their minimum sentence. It depends largely on the opinions of the Parole board. They decide if that person is still a great danger to society. Indeterminate Sentencing is handed out to specific sex crime convictions, like Sexual Assault. When you're facing an allegation of Sexual Assault in the Weld County area, you're facing the potential to spend the rest of your life, literally, in prison. Don't leave something as important as your life up to chance with a public defender, and hire a skilled criminal defense attorney with a history of successful cases.

FALSELY ACCUSED OF FELONY SEXUAL ASSAULT IN GREELEY OR WELD COUNTY?

Exercise your right to remain silent and call the O'Malley Law Office for help now.

Call 970-616-6009 or fill out the Get Help Now form to schedule a free consultation with one of our skilled sex crimes attorneys in the Greeley or Weld County area today.

Together, we can protect your future.

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