In Weld County and across Colorado, crimes committed against someone who is disabled or elderly, are considered more serious and labeled as a Crimes Against an At-Risk Person. This criminal offense means that the punishment for the original crime is more severe because elderly and disabled people are less able to defend themselves if they are the victims of a crime. If you have been falsely accused of a criminal act against an At-Risk Adult or At-Risk Juvenile, you will need a top Greeley attorney to defend you. Below, our attorneys discuss more about these charges and how the penalties can affect your case.
What is the Colorado Law on “At-Risk Elder,” “At-Risk Adult,” “At-Risk Juvenile,” and “Person with a Disability” in Colorado Under C.R.S. 18-6.5-102?
In Colorado law C.R.S. 18-6.5-102, the state defines “At-Risk” Persons. It is important to understand what the definitions related to At-Risk Persons is when talking about a criminal charge that you might be facing. Here are the related terms:
“At-Risk Adult” is defined as: any person who is seventy years of age or older or any person who is eighteen years of age or older and is a person with a disability.
“At-Risk Elder” is defined as: any person who is seventy years of age or older.
“At-Risk Juvenile” is defined as: any person who is under the age of eighteen years and is a person with a disability.
“Person with a Disability” is defined as: any person who 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
What Crimes are Considered and Charged as a Crime Against an At-Risk Person in Greeley, Colorado?
Crimes that can charged as a crime against an At-Risk Person in Greeley are crimes that involve physically harming the At-Risk victim or theft. Examples include:
- Caretaker Neglect against an At Risk Person
- Criminal Exploitation of an At Risk Elder
- Criminal Negligence Against an At Risk Person
- First Degree Assault against an At Risk Person
- Second Degree Assault against an At Risk Person
- Third Degree Assault against an At Risk Person
- Robbery of an At Risk Person
- Theft from an At Risk Person
- Sexual Assault on an At Risk Person
- Sexual Assault on a Child on an At Risk Juvenile
- Sexual Assault, Position of Trust on an At Risk Juvenile
- Unlawful Sexual Contact with an At Risk Person
If You are Convicted of a Crime Against an At-Risk Person, How are the Punishments Different in Weld County?
In Weld County, if you are convicted of a Crime Against an At-Risk Person, there are many factors which determine your sentence and penalties. A few of the factors are whether the crime was committed by a caregiver or person of trust, if the crime was committed knowingly, or the value of the theft that was committed. It is important to note that most often the class of the underlying crime’s sentence is increased by one if it involves at At-Risk victim. For example, Theft of something valued $400 is normally a class 2 misdemeanor in Colorado. However, Theft of something valued $400 from an At-Risk Person is a class 5 felony – one level up. This sentence is much harsher, and upon conviction the defendant will receive an increase in penalties and felony record.
Hire a Top Windsor, Colorado Criminal Defense Attorney
Are you facing a Crime Against an At-Risk Person charge? Hiring a top criminal defense attorney in Windsor and across Colorado is vital. Our attorneys understand the burden of proof which the government lawyers have and the defenses to your charges. Don’t let the increased penalties of At-Risk charges send you to The Weld County Jail or prison. Our attorneys understand there are many factors involved in a Crime Against an At-Risk Person and can help work through the details of your case and fight for your future.