Child Abuse, C.R.S. 18-6-401, is not taken lightly at the Weld County Court in Greeley, CO. This is in large part because it’s an Extraordinary Risk crime that comes with greater penalties than felonies of the same class. However, this is also because if you are charged with Child Abuse and you have had a previous Child Abuse conviction on your record, you could be designated a “Habitual Child Abuser” if you are convicted. This will ultimately mean that you would be sentenced to the maximum Weld County Jail or Colorado prison sentence possible, and you cannot serve probation in lieu of incarceration. If you’ve been charged with Child Abuse, don’t wait – contact our top Greeley Child Abuse lawyers today to discuss your case.
Colorado’s Law on Child Abuse, C.R.S. 18-6-401 in Greeley Courts
Colorado’s law on Child Abuse, C.R.S. 18-6-401, as it is applied at the Greeley Courts, is as follows:
What is the “Habitual Child Abuser” Designation in Weld County?
In Weld County, the “Habitual Child Abuser” designation, C.R.S. 18-6-401.2, is given to any person who has been convicted of Child Abuse at least once prior to their current Child Abuse charges. This includes any person who has been convicted in Colorado, in another state, or at the federal level. If a person is convicted as a Habitual Child Abuser, they will be required to serve the maximum sentence in the Weld County Jail or Colorado Department of Corrections / DOC.
For example, if a defendant is convicted of a class 4 felony and Extraordinary Risk crime (since Child Abuse is designated such), they would normally be sentenced to 2 – 8 years in the Colorado DOC. However, a person who is designated a “Habitual Child Abuser” for a class 4 felony conviction of Child Abuse may serve no less than 8 years in prison.
Penalties for “Habitual Child Abuse” Offenders in Fort Lupton and Eaton
Several different penalties may be imposed on “Habitual Child Abuse” offenders in Fort Lupton and Eaton. These penalties include:
- Weld County Jail or Colorado prison time; maximum sentence of the presumptive sentencing range imposed
- Parole if convicted of a felony offense
- Fines + surcharges
- Restitution where applicable
- Mandatory relinquishment of firearms for a felony conviction
- Other consequences, such as a protection order that prohibits you from seeing your children and job loss
Don’t try to take on your charges alone. Contact our experienced Child Abuse lawyers in Greeley and Weld County, and together, we can protect your future.
If you have been charged with Child Abuse, remember to be smart, and exercise your right to stay silent. Never answer any questions about your case from the Greeley Police or Weld County Sheriff. Then call 970-616-6009 to get in contact with a top Greeley criminal defense lawyer from the O’Malley Law Office today. Together, we can protect your future.
The location for the Weld County Court is 901 9th Avenue, Greeley, Colorado. We’ll see you there!
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