Weld County Attorney for Incest and Aggravated Incest

Incest or Aggravated Incest charges can occur whenever someone marries, has sexual contact or sex with a relative – typically a child, adopted child or stepchild. Sibling relationships also qualify as Incest. If the Greeley police contact you after any accusations of Incest or Aggravated Incest in Greeley, Weld County or anywhere else in Colorado, act quickly and consult the top criminal defense lawyers at the O’Malley Law Office right away.

What is the Definition of Incest?

In Firestone, Lochbuie, and everywhere else in Colorado, the definition of Incest, C.R.S. 18-6-301, is:

Any person who knowingly marries, inflicts sexual penetration or sexual intrusion on, or subjects to sexual contact, as defined in section 18-3-401, an ancestor or descendant, including a natural child, child by adoption, or stepchild twenty-one years of age or older, a brother or sister of the whole or half blood, or an uncle, aunt, nephew, or niece of the whole blood commits incest, which is a class 4 felony. For the purpose of this section only, “descendant” includes a child by adoption and a stepchild, but only if the person is not legally married to the child by adoption or the stepchild.

Incest charges can sometimes accompany Sexual Assault on a Child charges in Colorado, if the child is younger than fifteen years old. Both charges can lead to devastating consequences for you and your future, with a Weld County Jail or prison sentence possible. Always speak with an experienced Aggravated Incest or Incest attorney at the O’Malley Law Office if facing any accusations of Incest or Sexual Assault on a Child.

What is Aggravated Incest?

In Miliken, Evans and everywhere else in Colorado, the definition of Aggravated Incest, C.R.S. 18-6-302, is

A person commits aggravated incest when he or she knowingly:
a. Marries his or her natural child or inflicts sexual penetration or sexual intrusion on or subjects to sexual contact, as defined in section 18-3-401, his or her natural child, stepchild, or child by adoption, but this paragraph (a) shall not apply when the person is legally married to the stepchild or child by adoption. For the purpose of this paragraph (a) only, “child” means a person under twenty-one years of age.
b. Marries, inflicts sexual penetration or sexual intrusion on, or subjects to sexual contact, as defined in section 18-3-401, a descendant, a brother or sister of the whole or half blood, or an uncle, aunt, nephew, or niece of the whole blood who is under ten years of age.

In some Incest or Aggravated Incest cases, a child may be exploring their sexuality in different ways and they may not know any better. In other cases, a stepmother may have a consensual sexual relationship with a stepchild, but the law will disregard the fact that their relationship was consensual. Whatever the case may be, you should always involve an experienced criminal defense lawyer to fight any Weld County Incest or Aggravated Incest charges or accusations against you. Each person’s circumstance is different and should be discussed with a knowledgeable attorney.

Sentence for Incest and Aggravated Incest

Incest is a class 4 felony in Fort Lupton and across Colorado, while Aggravated Incest is a class 3 felony. There is no mandatory prison time for either of these sexual offenses. However, they are both subject to indeterminate sentencing. This means there is a possibility of a lifetime prison sentence. Additionally, you may face probation or parole with sex offender treatment and Colorado Sex Offender Intensive Supervised Probation (SOISP). Both sex offender treatment and supervised probation put many limitations on you if convicted of Incest or Aggravated Incest. Where you work, live and who you have contact with are all restricted. You cannot have contact with children upon a conviction of Incest or Aggravated Incest in Colorado.

Charged with Incest or Aggravated Incest?

If you face charges or accusations of Incest or Aggravated Incest in Greeley, Grover, Keenesburg or anywhere else in Colorado, call our full-time Weld County criminal defense attorneys today. Only a skilled attorney can work out a more favorable outcome in your criminal case. A knowledgeable lawyer will be able to affect whether you have contact with kids, whether you must permanently register as a sex offender and whether you can live at home. The consequences of an Incest or Aggravated Incest conviction can be crippling and you cannot afford to fight the government’s case against you alone. Call our office today to set up a free initial consultation.

CHARGED WITH INCEST OR AGGRAVATED INCEST IN GREELEY OR WELD COUNTY?

Be smart, exercise your right to remain silent, and call the experienced defense attorneys at the O’Malley Law Office.

Call 970-616-6009 or fill out the Get Help Now form to meet with an experienced criminal defense lawyer in Weld County and the Greeley area for a free consultation. 

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