Need a Sexual Assault on a Child attorney in Weld County and Adams County, Colorado? This is a very serious charge, that can affect your future. You will always need an experienced criminal lawyer for serious charges with allegations of Sexual Assault. In Grand County recently, a bus driver was charged with Sexual Assault of a Child. The man turned himself in after being accused of Sexual Assaulting a Child several years ago. Below, our attorneys will discuss Sexual Assault on a Child and why you need to hire Weld County’s leading criminal defense attorneys. If you are facing a charge of Sexually Assaulting a Child in Fort Collins or Larimer County get help here.
Colorado’s Legal Definition of Sexual Assault on a Child, C.R.S. 18-3-405,
In Colorado, the legal definition of Sexual Assault on a Child, from C.R.S. 18-3-405, is:
To be convicted of Sexual Assault of a Child the defendant must be at least 4 years older than the victim and the victim has to be 14 years old or younger. In the story above, the defendant’s name is not being released because at the time of the assault he was less than 18 years old at the time of the alleged incident, which means his victim was 14 years or younger. The sad part of this situation is that any adult, at any time, can make allegations that another sexually touched them many years earlier. Your ability to defend against these charges is reduced with the passage of time. Claims with no evidence whatsoever, are filed by police who have no concern for the veracity of the allegations.
In Weld County, Definition of “Sexual Contact” and “Intimate Parts” in C.R.S. 18-3-405?
In Weld County courts, it is important that you understand the charges you face – you need to review and study the statute supposedly violated and specific definitions for terms within.
“Sexual Contact” is defined as: the knowing touching of the victim’s intimate parts 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.
“Intimate Parts” is defined as: the external genitalia or the perineum or the anus or the buttocks or the pubes or the breast of any person.
What is the Difference Between Child Sexual Assault and Sexual Assault on a Child by One in a Position of Trust in Eaton, Severance or Ault, Colorado?
Simply put, the difference between Child Sexual Assault and Sexual Assault on a Child by One in a Position of Trust in Eaton, Severance or Ault, is that with “position of trust” the defendant is in a trusted position with the child. A Position of trust person can be a parent, guardian, or a person in charge of the child’s welfare. This includes anyone with responsible for the health, education, welfare, or supervision of a minor. Parent, teachers, coaches, doctors, babysitters, and religious advisors can all be considered positions of trust. Foster care workers are frequently accused by troubled children seeking to get out of the relationship. If the bus driver were to be deemed in a Position of Trust, then the penalties for a conviction of Sexual Assault on a Child would be more severe. Learn more about Sexual Assault on a Child by One in a Position of Trust here.
Sentence and Penalties of Sexual Assault on a Child in Weld County
In the Weld County Courthouse, if you are convicted of a Sexual Assault on a Child, it is a class 4 felony with penalties of a minimum of 2-8 years in a Colorado State Prison, a mandatory fine of $2,000-$500,000, and a mandatory indeterminate period of parole. Sexual Assault on a Child is subject to indeterminate sentencing, which means a maximum of a lifetime sentence because it is a sexual offense crime. Indeterminate sentencing is when a judge gives a minimum sentence, and then a maximum upper limit of life. With the minimum for Sexual Assault on a Child being 2 years, an example of indeterminate sentencing would be a judge sentencing an offender for a minimum of 2 years, and a maximum of life. In a practical setting, the judge gives the minimum which must be served, and the Parole Department decides when the convicted person gets out. Sad to say, but many offenders cannot get out of prison due to a shortage of treatment providers + a policy which says you can’t qualify for Parole if you have not made a certain amount of progress in treatment. Colorado taxpayers are paying millions to house inmates who are ready to do treatment, but the state won’t hire enough treatment providers. Also, did you know that Parole will not release you unless you admit you committed the offense?
Why Hire a Top Greeley, Colorado, Sexual Assault Attorney?
Facing a felony conviction can alter your future. However, facing indeterminate sentencing in a Sexual Assault on a Child case in Greeley means your life and future freedom are on the line. The attorneys at the O’Malley Law Office have over 30 years of experience in Child Sexual Assault cases and will aggressively fight for your future.