Sex Crimes Lawyer in Colorado Springs
Common Sex Offense Charges Include:
- Indecent Exposure
- Unlawful Sexual Contact (including Statutory Rape)
- Sexual Assault
- Aggravated Sexual Assault
- Sexual Contact With a Minor
- Cyber Sex Crimes (including Revenge Porn)
- Solicitation
- Incest
- Pandering, Procurement, or Trafficking
- Sexual Exploitation
Sex Crimes
Colorado law provides clear and distinct definitions of sex offenses. The two basic categories are sexual assault and sexual contact. Sexual assault requires penetration and includes rape, forced copulation, penetration with a foreign object, and sodomy. Sexual contact is any unwanted touching of a sexual nature. Additional sex offenses may be charged without physical touch including indecent exposure, possession of child pornography, invasion of privacy for sexual gratification, distribution of pornography without consent, and sexting with a minor, just to name a few. Additionally, you may be charged with a sex offense without having committed the sex acts yourself with charges that include pimping and pandering, sexual exploitation of a child, or child prostitution. There are many ways to be charged with a sex crime that you may not even be aware of including urinating in public, possessing pornography including underage people, and solicitation of a prostitute.
Sex crimes are both difficult to prove and difficult to fight because consent — or the lack of — must be proven as well as intent and that the sex act occurred. At the Law Offices of Murphy and Price, we take sex offenses very seriously and work hard to prove that there are two sides to every story. If you are facing criminal sex charges, contact us to begin building your defense today.
Penalties & Sentencing
Whether or not you are convicted, the repercussions of being charged with a sex crime can be dramatic. Depending on what the allegations against you are, you may lose relationships, your job, and the trust of your community. Without a guilty verdict, you may still find yourself standing trial in your own life. That's why it is important to get the aggressive legal defense on your side right away. The team at Murphy and Price, LLP will begin building your defense at your consultation to help preserve your name and life as well as reduce the legal impact and get you a fair shake.
As with any other crime, there are several classes of sex crimes. The first step is to determine whether the charges are misdemeanor or felony. Misdemeanor sex crime charges in Colorado include urinating in public, indecent exposure, and misdemeanor unlawful sexual contact. Misdemeanor unlawful sexual contact typically includes consent, but from someone who is legally unable to provide consent — handicap, underage, or physically unable to resist. Felony sex offenses include almost every other sex charge. The penalties and subsequent sentencing are largely dependent on the type and severity of the crime.
Misdemeanor sex crimes can carry sentences of up to two years in county jail, up to a $5,000 fine, probation, job restrictions, registration as a sex offender, and restrictions on child custody, travel, or use of internet or computers.
Felony sex offenses result in prison time, heavy fines, registration as a sex offender, loss of rights to include child custody, firearm rights, and your ability to use a computer or consume alcohol. Felonies that include children, aggravated sexual assault, or forcible rape may result in life in prison without the possibility of parole.
It is possible to reduce your sentence or petition to be removed from the sex offender registry with the help of a skilled criminal defense attorney.
Presumptive Sentencing For Sex Crimes in Colorado
If found guilty of a sex offense in Colorado, in addition to incarceration, you may find yourself facing hefty fines, parole requirements, treatment and evaluation protocols, and other long-term consequences. Sexual offenses against children carry additional penalties.
If the victim is incapable of consent, the offender used threat of death or force, or the offender used a drug or other intoxicant incapacitate the victim, the sex crime becomes a class 3 felony. If the offender is armed with a deadly weapon and threatens its use, is aided by another offender in the attack, or if the victim suffers a serious bodily injury, the crime becomes a class 2 misdemeanor.
Sex Crime Felony Category |
Presumptive Sentence |
|
Class 2 felony |
20 years Offender’s natural life | |
Class 3 felony |
20 years Offender’s natural life | |
Class 4 felony |
10 years Offender’s natural life | |
Class 1 Misdemeanor (extraordinary risk) |
6 months - 2 years | |
Crime of Violence |
Probation not an option | |
Habitual Sex Offender |
Probation not an option |
Understanding Unlawful Sexual
Contact & Sexual Assault
Unlawful Sexual Contact
A person commits unlawful sexual contact in Colorado if they knowingly touch another’s intimate parts or knowingly receives touching of intimate parts, even if over clothing, where:
- The victim does not consent
- The offender knows the victim is incapable of consent
- The offender knows the victim is physically helpless and has not consented
- The offender has impaired the victim through the use of drugs, alcohol, or other substances for the purpose of submission
- The victim is in custody or a hospital and the offender uses his or her authority over the victim to coerce submission
- The offender is a medical provider and treats or examines the victim in a manner inconsistent with reasonable medical practices
Sexual Assault
A person commits sexual assault if they knowingly inflict sexual intrusion or penetration on a victim when:
- The offender causes the victim to submit against the victim’s will or uses physical force
- The offender knows the victim is incapable controlling their behavior
- The offender knows the victim consented erroneously or by deceit
- The victim is less than 15 years old and the offender is at least 4 years older
- The victim was between 15 and 17 years old and the offender was at least 10 years older and not the victim’s spouse (statutory rape)
- The victim was in custody or a hospital and offender used his or her authority to gain the victim’s submission
- The offender used his or her authority as a medical treatment provider to assault the victim under the guise of treatment
- The offender knew the victim was physically helpless and had not consented
"HONEST & SUPPORTIVE"
“Warren Price is truly an expert in his practice. I was facing some serious charges which could have had a devastating impact on my family and me for the rest of our lives. Due to the severity of the matter, I knew that I needed an expert attorney to protect my rights and get me through this nightmare. I had talked to several lawyers before contacting Warren. Many of them thought that my case was going to be very difficult and were charging too much. Some were not very confident in the outcome. Mr. Price, on the other hand, was honest and supportive throughout the whole process. He also was very fair and helpful with his financial costs. Warren got all my charges dismissed. The nightmare is finally over, and I can live my life again in peace. He is indeed an expert and caring attorney.”
~ R. A.
Colorado Sex Crimes Frequently Asked Questions
Consent
To prove that a sex crime took place, it is on the prosecution to prove that a sex act was forced upon a supposed victim without their consent. Consent may be argued by the prosecution that the other party never expressly consented, felt obligated, didn't know about the sex act at the time, or was unable to provide consent at the time of the act due to intoxication, age, or mental capacity.
The "consent defense" is used by your defense team to show that the act in question was consented to by both parties. The issue of consent and proving whether it existed can be difficult, but a defense worth fighting for. If consent was given before the act, and after the fact, the other party feels guilty or learns they can extort you, it is wise to act quickly and work with your lawyer to establish when and how consent was given.
Mistake-of-Fact
A mistake-of-fact defense is used to show that you did not intentionally violate any laws or the alleged victim. Typically, this defense is used when the alleged perpetrator believes that valid consent was given. For instance, if there is a situation in which someone else is coercing the alleged victim to engage in sexual intercourse with you, but you are unaware of the coercion, any sexual acts between you were consensual as far as you understood. This defense is also used in cases where the victim's age was misrepresented. If you had reason to believe the other party was of age to consent, i.e. they told you they were 18, you met them at a bar, etc., the sex acts that are now a criminal question may be argued.
Intoxication Defense
There are two different intoxication defenses that are used in Colorado sex charge cases, both of which are used to establish that the accused did not have the mens rea or mental ability to have intent due to intoxication. Voluntary intoxication is exactly what it sounds like, when the accused is drinking or using substances prior to the alleged criminal sex act. Involuntary intoxication occurs when the consumer is unaware of the fact they are consuming intoxicants. For instance, if additional alcohol is being poured without your knowledge or intoxicating substances are being added without your knowledge, leading to an intoxicated state, you are unable to consent yourself.
Other Colorado sex crime defenses include delay of prosecution of the crime, which is used to challenge sex crimes against children by postponing prosecution until after the statute of limitations has expired, and the defense of diminished capacity or insanity.
At the Law Offices of Murphy and Price, LLP, we understand that there are two sides to every story and will begin building your defense right away. Don't let a misunderstanding or the other party's regret leave you registering as a sex offender. Get the legal counsel you deserve, contact us today.
How Sex Offenses Allegations Affect Yout Military Career
Allegations of sexual offenses, whether founded or not, can have serious detrimental impacts on your military career. You may face state and federal charges, in addition to the Uniform Code of Military Justice (UCMJ) action. The impact on your career can be significant and carry over to your civilian life.
With the charges we discussed above, it is important to understand that Colorado state law and military law are not always the same and what is legal on post may not be legal off post. For instance, per military code, you are authorized to engage in consensual sexual acts with persons 16 years of age or older. However, Colorado state law stipulates that 16-year-olds cannot consent to sex and the Colorado close-age does not apply.
If you are a service member at Fort Carson, Peterson AFB, or any other Colorado post, contact the sex offense attorney who has experience with military law, federal charges, as well as dual sovereignty cases. Contact the legal team at the Law Offices of Murphy and Price, LLP.
How Sex Offenses Affect Immigration Status
Immigration status, regardless of how firm or legal, may be impacted by allegations of sexual offenses. Immigrants are held to federal law rather than state law, which can pose serious problems. For instance, Colorado law dictates that the age of sexual consent is 17, whereas federal law states the age of consent is 18. Sexual felonies violate moral turpitude and subject an immigrant to revocation of citizenship.
If you are an immigrant, legal or otherwise, you need the expert legal counsel of aggressive attorneys with experience with immigration cases. The lawyers at the Law Offices of Murphy and Price, LLP can offer you the counsel you deserve. Contact us for your consultation today.
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