Sexual Assault on a Child Defense Attorney in Greeley

In Greeley and Weld County, accusations of Sexual Assault on a Child are becoming more prevalent. Children are learning that the government will believe anything they say, and they will use this to their advantage. Kids don't think about the long term consequences of their accusations and really only focused on their immediate desires. When a family takes in a stepchild, a foster child, or a family member in need, men are at risk of being falsely accused of Sexual Assault on a Child, because kids despise supervision and want freedom to stay out late and party.  Responsible adults object and a clash of values results in the new adult (stepdad) being arrested. For retaliation, teens will make a baseless, life altering, false accusation simply because they are mad. If this, or something similar, is happening to you, you need a trusted and experienced false allegations defense attorney to protect you from malicious lies.

What is Considered Sexual Assault on Child in Weld County?

In Weld County, the definition for Sexual Assault on a Child, C.R.S. 18-3-405, is:

Any actor who knowingly subjects another not his or her spouse to any sexual contact commits sexual assault on a child if the victim is less than fifteen years of age and the actor is at least four years older than the victim.

What does 'Sexual Contact' mean?

Colorado law defines Sexual Contact, C.R.S. 18-3-401, as:

“Sexual contact” means the knowing touching of the victim’s intimate parts (external genitalia, perineum, anus, buttocks, pubes, or breast) by the actor, or of the actor’s intimate parts by the victim, or the knowing touching of the clothing covering the immediate area of the victim’s or actor’s intimate parts if that sexual contact is for the purposes of sexual arousal, gratification, or abuse.

With Sex Crimes and Crimes Against Children in Colorado, Stakes are Always High

In Weld County, Boulder County, and Logan County, those accused of Sexual Assault on a Child face high stake consequences. Those charged often have to:

  • Carry out mandatory sentencing (predefined term) and probation
  • Register as a Sex Offender and undergo treatment
  •  Face additional indeterminate sentencing (lifetime sentences in the Colorado Department of Corrections)

All of these involve a significant loss of freedom for caring adults, who tried to discipline children. Additionally, those charged with indeterminate sentencing, often get locked up with no release date. Don't let this happen to you. Arm yourself with an aggressive defense lawyer who can and will put you first. Public defenders are great lawyers who carry huge caseloads and are unable to give you their best efforts. Here at the O'Malley Law Office, we have over 40 years of courtroom experience combined, and we will fight passionately to get you the acquittal you deserve.

What is the Sentence / Punishment for Sexual Assault on a Child in Boulder County?

Generally, in Boulder County, Sexual Assault on a Child is charged as a class 4 extraordinary risk felony. This means the accused will face between 2 and 8 years minimum in DOC, a lifetime sentence upper limit, a fine between $2,000 and $500,000, and a mandatory parole period of 3 years.

However, if the victim claims that the accused used force against them, threatened them, and / or if the accused is "one in a position of trust," then it is considered a class 3 extraordinary risk felony. If charged, the accused would face 4 to 16 years in DOC minimum, a lifetime sentence upper limit, a fine between $3,000 to $750,000, and a mandatory parole period of 5 years.

When You're Charged with a Sexual Offense in Weld County

You face Indeterminate Sentencing

In Logan County, Indeterminate Sentencing refers to there being a mandatory lifetime prison sentence, and the judge can only give a minimum prison term.   The decision to release an inmate with an Indeterminate Sentence in Logan County depends on whether the inmate completed treatment for a sex offense, and if the Parole Board decides the inmate is ready to be released.

You have to Register as a Sex Offender

Regardless of which one, if someone has committed a sexual offense in Colorado, they must register as a Sex Offender. This information is accessible by the general public. This can limit your housing and employment opportunities.

You Must Undergo Treatment

Anyone convicted of a sex offense is required to undergo sex offender treatment. This is overseen by the Sex Offender Management Board (SOMB), but paid for out of your pocket. The SOMB maintains a one-size-fits-all treatment program which is not diverse enough, nor does it take into consideration specific needs "offenders" may have, such as seeing their children.

You Cannot have any Contact with Children, Even If They're Yours

Even if you have your own children, you are not allowed to be in contact with them. You might even have to move out of your own home. If there are children at your job, you might have to take an extended leave until you're cleared of your case.

False Accusations - Weld County Courts Don't Need Physical Evidence to Convict

Unfortunately, there are many false accusations of Sexual Assault on a Child made by children and teenagers. Weld County Courts don't require physical evidence a conviction. Quite often, the testimony of a child is enough reason to convict a person, regardless of their innocence. We have seen stepchildren make false accusations to get back at a new parent who is just trying to do their job and be a good parent. Due to all the access to media and the internet, children are learning, younger and younger, about sex and drama. They are learning that a false allegation against Dad means he will be out of the picture and no longer telling them what to do.

Additionally, we see these accusations arise during a messy divorce. The wife will claim, or make the kids claim, that Dad sexually touched their child. Mom does this because she wants custody of the child, and is not concerned that her ex is out of the picture permanently.  She has no concern that the kids need their father.

Don't Talk to the Boulder Police, Talk to Your Lawyer about your Sexual Assault on a Child Case

As with any case, anything you tell the Boulder police can ONLY hurt you. Therefore, it is best you don't speak to them about anything. Don't admit a mistake was made. Don't provide a statement. Don't discuss the case with anyone, even the alleged victim. Police will try to trick you into admitting guilt or fault with their Pretext Call. Police will have the victim call you on a recorded line to try and get you to admit something. When you've been falsely accused of Sexual Assault on a Child, you need an experienced and determined defense lawyer on your side.

ACCUSED OF SEXUAL ASSAULT ON A CHILD IN GREELEY OR WELD COUNTY?

Be smart. Exercise your right to remain silent, and call the experienced Sexual Assault on a Child 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. 

Together, we can protect your future.

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