In Weld County, if you are convicted of a Sex Crime, you could face Indeterminate Sentencing. Facing an Indeterminate Sentence means that a judge only orders a set minimum amount of time a person is sentenced to prison or probation, but the top end of that sentence can be extended to the rest of the person’s natural life. If you are facing a Sex Offense charge, the Indeterminate Sentence statute is what will govern the type of crimes it is applied to. This statute is complicated and you’ll need a criminal defense attorney who can help you understand the extent that your crime might is affected by this law.The Weld County Courts don’t make this an easy task. Below, our experienced defense attorneys will discuss Indeterminate Sentencing and why it is important for you to have skilled sex crimes legal representation in your case. If you are accused of a Sex Crime in Fort Collins or Larimer County, get help HERE.
What is the Deference Between Determinate and Indeterminate Sentencing in Greeley, Colorado?
When a defendant is convicted of a non-sex crime in Greeley, Colorado courts, will sentence with a Determinate Sentence – a fixed sentence, such as a sentence of 2 years in a Colorado State Prison. After this time is served or once they become parole eligible, they are usually released on parole. The difference with Indeterminate Sentencing for a sexual offense is that a person who is sentenced to serve 2 years, will not necessarily be released upon completion. This occurs because a judge only gives a minimum sentence, and the upper limit is lifetime in prison. DOC and the Parole Department decide when the person gets released, and it normally is not upon completion of the minimum sentence the court gives. So, if someone is not granted parole, they could serve a life sentence.
If a sex offender gets a probation sentence under the Indeterminate Sentencing statute instead of prison, their minimum probation term is normally 10 or 20 years to life, depending on the offense. Until a count terminates the person’s probation, they will remain on probation, which again could be for the remainder of their life.
Are You Innocent of the Sexual Assault or Internet Luring Charges in Weld County?
Many of our clients are innocent of the Sexual Assault or Internet Luring Charges they face in Weld County. Their ex is bringing the charges or coaxing a child to give false statements to police. In other cases, a consenting couple had sex while drinking. The next day, the woman needs an “out,” because her boyfriend is going to find out about her unfaithfulness and she wants to place blame elsewhere. The innocent man is promptly arrested and charged. We’ve even seen cases where a stepdaughter wants her innocent stepdad out of the house because he is a strong disciplinarian. No one is safe being around hurt, angry, vengeful people – particularly in Greeley because Greeley Police and Weld County prosecutors are not given the luxury of determining what actually happened. Many are beholden to a victim driven system where the woman or girl making the accusation is “always right.” This is not to say rape and sexual assault never happens – because it does. Yet it must be emphasized that there are many false allegations in the sex crimes world, and innocent men are sent to prison every day. Innocent people will never get out of prison, either, unless they eventually admit they did something terrible even if they did not.
Weld County, Colorado Indeterminate Sentencing, C.R.S. 18-1.3-1004
Indeterminate Sentencing in Weld County, C.R.S. 18-1.3-1004, for incarceration to prison states:
(1)(a) 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.
(b) If the sex offender committed a sex offense that constitutes a crime of violence, as defined in section 18-1.3-406, the district court shall sentence the sex offender to the custody of the department for an indeterminate term of at least the midpoint in the presumptive range for the level of offense committed and a maximum of the sex offender’s natural life.
(c) If the sex offender committed a sex offense that makes him or her eligible for sentencing as an Habitual Sex Offender against children pursuant to section 18-3-412, the district court shall sentence the sex offender to the custody of the department for an indeterminate term of at least three times the upper limit of the presumptive range for the level of offense committed and a maximum of the sex offender’s natural life.
(d) If the sex offender committed a sex offense that constitutes a sexual offense, as defined in section 18-3-415.5, and the sex offender, prior to committing the offense, had notice that he or she had tested positive for the human immunodeficiency virus (HIV) and HIV infection, and the infectious agent of the HIV infection was in fact transmitted, the district court shall sentence the sex offender to the custody of the department for an indeterminate term of at least the upper limit of the presumptive range for the level of offense committed and a maximum of the sex offender’s natural life.
(e)(I) Notwithstanding any other provision of law, the district court shall sentence a sex offender to the custody of the department for an indeterminate term as specified in subparagraph (II) of this paragraph (e) if the sex offender:
(A) Committed a class 2, class 3, or class 4 sex offense in violation of section 18-3-402, 18-3-405, or 18-3-405.3 when the act includes sexual intrusion as defined in section 18-3-401 (5) or sexual penetration as defined in section 18-3-401 (6);
(B) Committed the act against a child who was under twelve years of age at the time of the offense; and
(C) Was at least eighteen years of age and at least ten years older than the child.
(II) The district court shall sentence a sex offender to the department of corrections for an indeterminate term of incarceration of:
(A) At least ten to sixteen years for a class 4 felony to a maximum of the person’s natural life, as provided in this subsection (1), if he or she committed a crime as described in subparagraph (I) of this paragraph (e);
(B) At least eighteen to thirty-two years for a class 3 felony to a maximum of the person’s natural life, as provided in this subsection (1), if he or she committed a crime as described in subparagraph (I) of this paragraph (e); and
(C) At least twenty-four to forty-eight years for a class 2 felony, to a maximum of the person’s natural life, as provided in this subsection (1), if he or she committed a crime as described in subparagraph (I) of this paragraph (e).
(III) If the defendant is placed on parole, the parole board shall order the defendant to wear electronic monitoring for the duration of his or her period of parole.
For sex offender probation sentences, the statute states:
(a) The district court having jurisdiction, based on consideration of the evaluation conducted pursuant to section 16-11.7-104, C.R.S., and the factors specified in section 18-1.3-203, may sentence a sex offender to probation for an indeterminate period of at least ten years for a class 4 felony or twenty years for a class 2 or 3 felony and a maximum of the sex offender’s natural life; except that, if the sex offender committed a sex offense that constitutes a crime of violence, as defined in section 18-1.3-406, or committed a sex offense that makes him or her eligible for sentencing as a Habitual Sex Offender against children pursuant to section 18-3-412, or a sex offense requiring sentencing pursuant to paragraph (e) of subsection (1) of this section, the court shall sentence the sex offender to the department of corrections as provided in subsection (1) of this section. For any sex offender sentenced to probation pursuant to this subsection (2), the court shall order that the sex offender, as a condition of probation, participate in an intensive supervision probation program established pursuant to section 18-1.3-1007, until further order of the court.
(b) The court, as a condition of probation, may sentence a sex offender to a residential community corrections program pursuant to section 18-1.3-301 for a minimum period specified by the court. Following completion of the minimum period, the sex offender may be released to intensive supervision probation as provided in section 18-1.3-1008 (1.5).
As you can see, sex offender probation takes many twists and turns and is difficult to understand. Fortunately, many cases allow for a plea bargain to a crime where less serious consequences may apply.
Why Hire a Top Greeley and Erie, Colorado, Sex Crimes Attorney When Faced with Indeterminate Sentencing?
Simply put, when convicted of a Sex Crime in Greeley or Erie, the sentencing judge does not have much freedom in the sentence that is to be imposed for many crimes. It is either life in prison or life on probation, which means that a skilled criminal defense attorney can make a huge difference inthe outcome of your case. Many people have limited options and will opt to take their case to trial because they’ve done nothing illegal.
Don’t leave your future to chance. If you are innocent, choose a skilled Weld County lawyer to guide you through the process of defending against a Sexual Offense and Indeterminate Sentencing. When talking to Greeley Police or heading to the Weld County Courthouse, protect your future and exercise your right to remain silent. Contact the best Sex Assault defense attorneys in Greeley from the O’Malley Law Office at 970-616-6009. Together, we can protect your future.
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