Sexual Assault is a serious criminal charge in Greeley, Colorado court. You could face a lengthy stay in a Colorado State prison, large fines and registering as a Sex Offender. A top sex crime lawyer can help you get the best outcome in your case, and save your future. Recently, a man in Thornton was convicted of sexual assault, kidnapping and attempted murder. He was convicted after he sexually assaulted a woman, choked her, and then tried to drown her in a bathtub. She escaped to a nearby business to get help and he was arrested. Sexual Assault is often charged with other crimes, like in this case. An experienced lawyer can fight for your future, job, and family ties. Below, we will discuss Sexual Assault and crimes that can sometimes be related to a Sexual Assault charge.
Weld County criminal Definition of Sexual Assault, C.R.S. 18-3-402
In Weld County, Colorado, the definition of Sexual Assault, C.R.S. 18-3-402, is:
(a) The actor causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim’s will; or
(b) The actor knows that the victim is incapable of appraising the nature of the victim’s conduct; or
(c) The actor knows that the victim submits erroneously, believing the actor to be the victim’s spouse; or
(d) At the time of the commission of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim; or
(e) At the time of the commission of the act, the victim is at least fifteen years of age but less than seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the victim; or
(f) The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority to coerce the victim to submit, unless the act is incident to a lawful search; or
(g) The actor, while purporting to offer a medical service, engages in treatment or examination of a victim for other than a bona fide medical purpose or in a manner substantially inconsistent with reasonable medical practices; or
(h) The victim is physically helpless and the actor knows the victim is physically helpless and the victim has not consented.
Can Sexual Assault Be Charged if One Party is Intoxicated or Unconscious in Greeley, Colorado?
The short answer is yes, in Greeley courts. If one party is intoxicated or unconscious, Sexual Assault can be charged. When one party is intoxicated or unconscious, an act of sexual penetration is seen as nonconsensual.
What is the Punishment or Sentence for Felony Sexual Assault in Weld County?
In Weld County, the sentence for a class 4 felony Sexual Assault, without force and when the victim is not injured, is 2 – 8 years in Colorado State prison, $2,000 – $500,000 in fines, and sex offender registration. In the story above, where Sexual Assault force was used, and the victim was injured, the sentence would be a class 3 felony. The normal punishment for a class 3 felony would range from 4 – 16 years in prison, $3,000 – $750,000 in fines, and the defendant has to register as a sex offender. Yet under the facts of this example, the crime would be charged as a Crime of Violence which increases the penalty. It is also important to note that if there are other criminal charges related to the incident, those charges would have different sentence and penalties.
What is a Crime of Violence Sentence in Weld County Courts? Indeterminate Sentence Explained
Crime of Violence comes into play with crimes involving violence, weapons, kidnapping and other aggravators. COV will escalate the MANDATORY prison time. If we are looking at a class 3 felony, the minimum Crime of Violence sentence is the midpoint in the presumptive range, and the maximum is increased to twice the high range. For a class 3 felony, the midpoint / minimum is 10 years in DOC and the top end is increased to 32 years. Of course, you never want to forget that Sexual Assault is an indeterminate sentence crime, meaning that if you go to DOC, the parole board can keep you for life. If for some reason you are able to plea bargain for a lesser level offense, you may be eligible for probation, but that is lifetime, as well.
In Greeley, Colorado, Sexual Assault – What are Related Criminal Charges?
Criminal charges that can be related to Sexual Assault in Greeley can include to:
- Kidnapping – C.R.S. 18-3-301
- Attempted Murder – C.R.S. 18-3-104
- Robbery – C.R.S.18-4-301
- Harassment – C.R.S. 18-9-111
- Stalking – C.R.S. 18-3-602
Don’t leave your future to chance – choose a top experienced Weld County lawyer to guide you through the process of defending against a Sexual Assault charge. Protect your future, exercise your right to remain silent, and remember the Greeley Police are not there to aid you – but to close a case. Contact the best Sex Assault defense attorneys from the O’Malley Law Office at 970-616-6009. Together, we can protect your future.
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