False allegations of Sexual Assault in Greeley and throughout Weld County happen more frequently than many people would believe. If you have been falsely accused of rape, you need to contact a top criminal defense attorney – fast. Sexual Assault charges in Greeley happen when one person forces sexual penetration or intrusion against another person, knowing that the victim does not consent. This serious charge is a felony offense and can have detrimental impacts on the rest of your life. If you are facing Sexual Assault charges in Fort Collins or Larimer County, get help here.
Definition of Sexual Assault, C.R.S. 18-3-402, in Colorado
The definition of Sexual Assault, C.R.S. 18-3-402, in Colorado is:
(1) Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if:
(a) The actor causes sexual intrusion or sexual penetration knowing the victim does not consent; 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.
Examples of Sexual Assault in Weld County
In Weld County, Sexual Assault can be charged for any of several different acts. Some examples of Sexual Assault include:
- Having sex with a drunk girl who has passed out at a party.
- Forcing fellatio on a stranger in a bathroom.
- A doctor having sex with his patient while they are under anesthesia during a procedure.
- Engaging in sexual intercourse with a 16-year-old when you are 27, even though you both consented.
- Threatening to hurt the other person’s siblings if they do not have sex with you.
Unfortunately, many of the phone calls we receive regarding Sexual Assault charges are from people who were falsely accused. It is not uncommon for one partner to accuse the other of rape after engaging in a sexual encounter that they later regret. If you have been falsely accused, seek the help of a top criminal defense lawyer immediately. Whatever you do, do not answer any phone calls or texts from the alleged victim.
Sentence and Penalties of Sexual Assault Conviction in Firestone and Fredrick, Colorado
The penalties for a conviction of Sexual Assault in Firestone, Frederick, and across Colorado depend on the circumstances behind the Assault. Regardless of the circumstances, however, Sexual Assault is a crime of violence and a sexual offense subject to indeterminate sentencing. The chart below lays out the various penalties imposed for a conviction of Sexual Assault:
| Offense | Sentence | Penalties |
| Sexual Assault committed against a victim who is 15 – 17 years old, and the defendant was at least 10 years older than the victim; this is known in other states as “statutory rape” | Class 6 felony / F6 | · 1.5 years – life in a Colorado prison
· Possible ineligibility for parole · $1,000 – $100,000 in fines · Restitution to the victim · Sex offender registration; eligible to petition to deregister · Mandatory sex offender treatment |
| Sexual Assault where force was not threatened or applied | Class 4 Felony / F4 | · 5 years – life in a Colorado prison
· Possible ineligibility for parole · $2,000 – $500,000 in fines · Restitution · Sex offender registration; ineligible to petition to deregister · Mandatory sex offender treatment |
| Sexual Assault where the defendant:
· Used physical force to carry out the assault · Threatened to kill, kidnap, or render serious bodily injury to the victim or another person · Threatened future retaliation · Gave a drug to the victim without their consent to cause them to submit · Knew that the victim was physically helpless |
Class 3 Felony / F3 | · 8 years – life in a Colorado prison
· Possible ineligibility for parole · $3,000 – $750,000 in fines · Restitution · Sex offender registration; ineligible to petition to deregister · Mandatory sex offender treatment |
| Sexual Assault where:
· The victim suffered serious bodily injury · The defendant was armed with a deadly weapon, verbally indicated that they had a deadly weapon, or had an object that was fashioned to resemble a deadly weapon · The defendant engaged in an act of “gang rape” – i.e., was aided by other people |
Class 2 Felony / F2 | · 16 years – life in prison
· Possible ineligibility for parole · $5,000 – $1,000,000 in fines · Restitution · Sex offender registration; ineligible to petition to deregister · Mandatory sex offender treatment |
The penalties listed above are stiffer than felonies of the same class because Sexual Assault is designated a crime of violence and indeterminate sex crime. As a crime of violence, the minimum sentence to the Colorado DOC is greater than other felony offenses. Additionally, there is no maximum sentence or release date from the DOC because Sexual Assault is subject to indeterminate sentencing. This means that if you are convicted, you could spend the rest of your life in a Colorado prison cell.
Contact a Top Weld County Sex Crimes Attorney Today
If you or a friend has been charged with Sexual Assault – especially if you were falsely accused – it is essential that you contact a top Weld County sex crimes attorney today. The consequences that will result from a Sexual Assault conviction are devastating and will wreck your future. Our lawyers have seen just how much an accusation of rape ruins lives. Not only do these allegations destroy the lives of defendants, but also those of the families they leave behind when they’re incarcerated. Don’t underestimate the high stakes of this offense, and contact us to discuss your case today.