Crimes Against At-Risk Persons Lawyer in Greeley, Colorado
Weld County Court Charges for Crimes with At-Risk Victims
Crimes Against At-Risk Persons are charged in the Weld County Courts in Greeley, Colorado whenever a person commits a crime against a victim who is considered At-Risk. To prevent people from exploiting vulnerabilities of the elderly and disabled, Colorado law imposes more severe penalties on defendants charged with a crime against an at-risk victim – even though most people aren’t aware of this law. Assault in the Third Degree, for example, is normally a class 1 misdemeanor. However, it is instead charged as a class 6 felony if committed against an at-risk person, which substantially increases the penalties the accused will face if convicted. If you have been charged with a crime against an At-Risk person, contacting a top Weld County criminal defense lawyer is essential to protecting your future.
Who Are At-Risk Persons in Greeley, Colorado?
The Old, the Mentally Disabled, and the Physically Disabled
In Greeley, Colorado, at-risk persons are defined under C.R.S. 18-6.5-102 as “an at-risk adult, an at-risk adult with IDD, an at-risk elder, or an at-risk juvenile.” These terms are further defined as follows:
- At-Risk Adults: Anyone 70 years old or older, or any person who is 18 years old or older and has a disability, as it is defined in this statute.
- At-Risk Adults with IDD: Anyone aged 18 or older with an intellectual and developmental disability, defined in C.R.S. 25.5-10-202.
- At-Risk Elders: Any person aged 70 or older.
- At-Risk Juveniles: Anyone under 18 years of age with a disability.
In other words, at-risk persons are those who are considered such because of vulnerability due to age or disability.
What are Specific Crimes Against At-Risk Persons, C.R.S. 18-6.5-103, at the Weld County Courts?
The Weld County Courts recognize a vast number of crimes against at-risk persons under C.R.S. 18-6.5-103. These crimes include, but are not limited to:
- Assault in the First Degree
- Assault in the Second Degree
- Assault in the Third Degree
- False Imprisonment
- Theft
- Sexual Assault
Additionally, C.R.S. 18-6.5-103 lists the following offenses specific to at-risk persons:
- Criminal negligence resulting in bodily injury, serious bodily injury, or death to an at-risk person
- Caretaker neglect
- Knowingly abandoning an at-risk person
- Criminal exploitation of an at-risk person – using deception, harassment, threats, or undue influence to deprive an at-risk person of any item of value
What is a "Person with a Disability" in Greeley?
Persons with a Disability in Colorado
There are two primary reasons a person can be considered “at-risk” in Greeley: age or disability. A “person with a disability” is defined in C.R.S. 18-6.5-102 (11) as:
(a) Is impaired because of the loss of or permanent loss of use of a hand or foot or because of blindness or the permanent impairment of vision of both eyes to such a degree as to constitute virtual blindness;
(b) Is unable to walk, see, hear, or speak;
(c) Is unable to breathe without mechanical assistance;
(d) Is a person with an intellectual and developmental disability as defined in section 25.5-10-202, C.R.S.;
(e) Has a mental health disorder, as defined in section 27-65-102;
(f) Is mentally impaired as the term is defined in section 24-34-501 (1.3)(b)(II), C.R.S.;
(g) Is blind as that term is defined in section 26-2-103(3), C.R.S.; or
(h) Is receiving care and treatment for a developmental disability under article 10.5 of title 27, C.R.S.
By this definition, physical impairments, intellectual and developmental disabilities, and mental health disorders all qualify as disabilities that render a person “at-risk.” However, only disabilities and impairments specifically enumerated in each listed statute qualify.
Who is a Caretaker and What is Caretaker Neglect in Weld County?
Caretaker Neglect Defined in Colorado
Caretaker neglect and abandonment of an at-risk person are specific offenses outlined in C.R.S. 18-6.5-103. For that reason, it is necessary to understand who a Caretaker is in Greeley and how caretaker neglect is defined. The definition of “Caretaker” is as follows:
(a) Is responsible for the care of an at-risk person as a result of a family or legal relationship;
(b) Has assumed responsibility for the care of an at-risk person; or
(c) Is paid to provide care or services to an at-risk person.
“Caretaker neglect” is defined as:
When a person has responsibility for caring for an at-risk person, he is responsible for providing for that person’s physical and psychological needs. Failure to do so can lead to serious criminal charges.
How Do Crimes Against At-Risk Persons Affect Sentencing at the Weld County Courts?
Crimes against at-risk persons significantly affect sentencing at the Weld County Courts. Generally, the misdemeanor / felony classification for a crime against an at-risk person is one degree higher than it would be otherwise. Using the same example of Third Degree Assault, you can see a comparison of the classification and penalties in the table below:
| Offense | Classification | Penalties | At-Risk Classification | Penalties |
| Assault in the Third Degree, C.R.S. 18-3-204 | Class 1 misdemeanor / M1 |
|
Class 6 felony / F6 |
|
Other factors can also impact sentencing. Crimes with extraordinary risk or crime of violence designations will result in even longer sentences to the Colorado Department of Corrections. Sex crimes against at-risk victims are often subject to indeterminate sentences, which can put a defendant behind prison bars for life if he or she is convicted.
Penalties for Crimes Against At-Risk Victims in Greeley
How Long Will I Be Sentenced to the Weld County Jail or Colorado Department of Corrections?
Penalties imposed in Greeley for crimes against at-risk victims – including time at the Weld County Jail or Colorado DOC – depend on the specific offense committed by the defendant. These crimes can be misdemeanors, but are often charged as felony offenses.
Generally, a person convicted of a crime against an at-risk person can expect the following penalties:
- Several months in the Weld County Jail for a misdemeanor; several years or even decades in the Colorado DOC for a felony
- Fines imposed by the Weld County Courts
- Restitution payments to cover medical bills, therapy, and other costs incurred by the victim
- 1 – 5 years of mandatory parole following release from the Colorado DOC, if the defendant was convicted of a felony offense
- Firearm and ammunition relinquishment if convicted of a felony offense
- Mandatory registration as a sex offender and sex offender treatment if convicted of a sexual offense
- Any other penalties the judge deems appropriate, such as mental health evaluations and treatment
Charged with an At-Risk Person Crime?
Talk to the Best Greeley At-Risk Criminal Defense Lawyer Today
If you have been charged with a crime against an At-Risk victim, it is essential that you talk to the best Greeley At-Risk criminal defense lawyer today. The District Attorney will paint you as a manipulative criminal for “exploiting” an At-Risk person’s vulnerabilities at your Weld County Court hearings. With this negative perception of you, it won’t be difficult for the DA to recommend the harshest penalties possible if you are convicted.
Only the best At-Risk criminal defense lawyer with more than 3 decades of experience successfully representing clients can help you avoid this kind of outcome in your case. Your lawyer will present you in the best light possible to counteract the DA’s negative assessment of you. We will then work extensively to secure a dismissal or plea bargain that will allow you to live your life in freedom. Depending on your case, the charges against you can even be completely dismissed. Don’t wait to contact a top criminal defense lawyer who understands just how much is at stake for you, and call us today.