In Greeley, Sexual Assault occurs when someone occurs when someone forces, or takes advantage of, another person in order to molest or have sex with the victim. It involves someone forcing themselves upon another person, without consent. The accused might be taking advantage of a position of trust, positional power, level of intoxication, or even just physical size. Recently, a professor has made quite the name for himself in the news. He has been accused of multiple counts of Sexual Assault from students from as far back as the 90’s.
What is Sexual Assault in Weld County?
In Weld County, it is considered to be Sexual Assault, C.R.S. 18-3-402, when:
(a) The actor causes submission of the victim by 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 believes the actor to be the victim’s spouse; or
(d) The victim is less than fifteen years of age and the actor is at least four years older and is not the spouse of the victim; or
(e) The victim is between fifteen and seventeen years of age and the actor is at least ten years older, and is not the spouse of the victim; or
(f) The actor has supervisory or disciplinary authority over the victim and uses this position of authority to coerce the victim to submit
(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.
What is the Sentence for Sexual Assault in Logan County and Sterling?
In short, the punishment for Sexual Assault in Logan County and Sterling can be extremely complex. It is best to contact our Sexual Assault attorneys for the best explanation. Generally though, Sexual Assault is subject to indeterminate sentencing – whether lifetime probation or lifetime imprisonment. When someone is convicted of a sexual offense subject to indeterminate sentencing, they must serve the lower end of their sentence before they can ask the Parole Department and DOC to be released from prison onto parole. Furthermore, It is also a felony class 4 or felony class 3 extraordinary risk felony crime. This punishment calls for 2 to 8 years in the Colorado Department of Corrections (prison), or a fine between $2,000 and $500,000. There is also a potential for both fines, and jail time. Moreover, there is also a 3 year parole period, and in most cases indeterminate probation.
If the victim was deemed to be helpless during the attack, then the Sexual Assault becomes a class 3 felony. That charge is between 4 and 16 years in DOC, $3,000 to $750,000 in fines, and 5 years of parole. Additionally, when the victim suffers from a serious injury, then the crime can also be charged as a class 2 felony. If someone is arrested for this crime, they may face 8 – 24 years in prison, a fine between $5,000 and $1,000,000. Finally, they will face 5 years of parole after their prison sentence.
If you or someone you love has been charged for Sexual Assault in Weld County or Greeley, be smart, exercise your right to remain silent, and contact the best assault attorneys in Northern Colorado.
Call the O’Malley Law Office at 970-616-6009 to schedule your free consultation today. Together, we can protect your future.
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