Colorado Law for Misdemeanor Sexual Assault | Greeley Sex Crimes Lawyer
Generally, a Sexual Assault accusation in Greeley, Colorado will typically be a felony charge, for which you will need a skilled lawyer. However there is one situation where a Sexual Assault allegation is a misdemeanor charge instead of a felony charge.
What is Sexual Assault, C.R.S. 18-3-402, in Weld County?
In Weld County, Sexual Assault, C.R.S. 18-3-402, is simply:
Basically, when consent is not given, it is considered Sexual Assault or it also can be Unlawful Sexual Contact. Sexual Assault focuses on the forced penetration of the act, whereas Unlawful Sexual Contact is generally unwanted touching.
When is Sexual Assault a Misdemeanor Charge in Longmont and Boulder?
In a specific circumstance in Longmont and Boulder, Sexual Assault can be a misdemeanor charge. If, at the time of the act, there is a smaller age gap between the two parties, then it becomes a misdemeanor charge. The statute states that:
At the time of the commission of the act, the victim is at least fifteen years of age but less than seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the victim.
This is, of course, only applicable when both parties have agreed to the act. Though the law does not believe people under 18 are able to have "consent," it is clear that people between 15 and 17 are able to make decisions for themselves. They are able to decide where to drive, or choose where they want to go to school, or choose where they want to work. They are also allowed to choose who they want to date, and if they want to have sex with that person. This subsection of the statue was specifically designed to not penalize those couples who have a larger age gap between them than typical couples. The goal of this statute was to not punish, as harshly, those who engage in consensual sex, but disregard the legal age limit of consent.
When is Sexual Assault a Felony in Dacono and Frederick?
In Dacono and Frederick, Sexual Assault is elevated to a felony charge when there is force involved. If the defendant is accused of the following, they will be accused of Felony Sexual Assault.
- subduing the victim
- knowing that the victim cannot comprehend the nature of the situation
- the victim is under 15, and the defendant is at least 4 years older
- the victim is physically helpless and the defendant takes advantage of this
What are the Penalties for Misdemeanor Sexual Assault in Milliken and Evans?
If you are convicted for Misdemeanor Sexual Assault in Milliken or Evans, you would be convicted of a class 1 misdemeanor with an extraordinary risk. A class 1 misdemeanor consists of Weld County Jail time from 6 months to 2 years, and a fine somewhere between $500 and $5,000. The extraordinary risk sentence enhancer changes the class 1 misdemeanor's jail maximum from 18 months to two years. This enhancer means that you might be more of a risk to society, so the law makes the penalties against you more severe.
In addition to the above penalties, it is likely that the defendant would also need to Register as a Sex Offender. This means receiving treatment, having to register yearly, having to explain yourself to landlords and employers, and even having limitations on where you can live and if you can be in contact with children. That is a lot for any person to take on.
You Need a Lawyer for Any Sexual Assault Accusation in Northern Colorado
An accusation of Sexual Assault is very serious in Northern Colorado, and you will definitely need an experienced lawyer to help protect you from the harsh punishments of the law. Having to serve time in jail or in prison can seriously alter how you live your life, and the options available to you after you get out. No one wants to have to Register as a Sex Offender either, especially if it is because you were doing typical couple activities. Don't leave yourself vulnerable to the District Attorney. Call the O'Malley Law Office today so we can begin building you a defense today.