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Sexual Assault

Sexual assault, often referred to as rape, is an incredibly serious sexually motivated crime in Colorado. A sexual assault charge could potentially result in a felony, meaning you could possibly be sentenced to prison. Not to mention the collateral consequences of a sexual assault conviction. Often those convicted of sexual assault are fired by their employer, lose scholarships, or lose their professional license as a result of conviction.

If you or someone you know has been accused of sexual assault or another sexually motivated crime, get in contact with an attorney as soon as possible. A Colorado sex crimes lawyer with extensive experience will understand what evidence should be dissected for the defense and what type of evidence needs to be suppressed. They can then present your case to the court and prove why the sexual assault charges should be reduced or dismissed.

Rape Defense Lawyer in Denver, Colorado

As a defense lawyer, attorney Matthew Martin and his legal team at Law Office of Matthew A. Martin, P.C. can stay ahead of the prosecution as they build their case because he used to be a prosecutor. He knows what the prosecution is looking for, and the approaches they may take when building their cases. His 13 years of prosecution experience can work in your favor as he strategizes your defense. Nearly all sexual assaults are felonies, with steep penalties and lifetime consequences.

Having an experienced sexual assault defense lawyer at your side can make all the difference in your case. Set up your first consultation with Denver sexual assault defense attorney Matthew Martin by calling (303) 725-0017. Law Office of Matthew A. Martin, P.C. has offices located in Denver, but accepts clients throughout the greater area including Douglas County, Jefferson County, Arapahoe County, Adams County, Broomfield County, and Boulder County.

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What Qualifies as Sexual Assault in Colorado?

Sexual assault is a common term heard on nightly TV dramas and movies, but the definition of it varies based on state law. In Colorado, sexual assault is defined under Title 18 Section 3 of the Colorado Revised Statutes (CRS). The statute states you’re guilty of sexual assault in the eyes of the law if you inflicted sexual intrusion or penetration on a victim and:

  • It was against their will
  • The victim was unable to understand what they are doing or what is happening
  • The victim only submits because they believe you’re their spouse
  • You are given supervisory or disciplinary authority and the victim only submits because they are detained at a hospital, institution, or jail/prison
  • The sexual assault was committed because you told the victim it was a part of a medical service or examination
  • The victim was unable to consent because they were physically helpless

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How Much Time Can You Get for Sexual Assault in Colorado?

The penalties for sexual assault rely on the unique facts of the case. All types of sexual assault are classified as a felony, the only exception being statutory rape. That means if you’re convicted there’s a very high potential for prison. Listed below are the various types of rape under Colorado law and their associated penalties.

  • Sexual Assault Without Force – When no force is used and the victim wasn’t physically injured, then sexual assault is a class 4 felony. The punishment for a class 4 felony is:
    • Up to 6 years in prison
    • A fine of up to $500,000
  • Sexual Assault Using Force or Drugs – The sentencing for sexual assault will be enhanced if it’s proven the victim was threatened with force or was subjected physical force, drugged without their consent, threats of imminent death, extreme pain, kidnapping, serious bodily injury, or future retaliation against the victim or anyone else they may know. A conviction for this type of sexual assault is a class 3 felony. The maximum sentence for a class 3 felony includes:
    • Up to 12 years in prison
    • A fine of up to $750,000
  • Violent Sexual Assault – An assault is considered violent if you were aided or abetted by one or more people, you were armed with a deadly weapon, or the victim suffered from a serious bodily injury. The penalty for a violent sexual assault Is a class 2 felony.
    • Up to 24 years in prison
    • A fine of up to $1,000,000
  • Statutory Rape – The only instance where a sexual assault is not classified as a felony is if it’s statutory rape. The legal age of consent in Colorado is 17, so if you are an adult and have sexual relations with someone under 17 you could face criminal charges. Statutory rape is a class 1 misdemeanor, which is punishable by:
    • Up to 2 years in jail
    • A fine of up to $5,000

 


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Falsely Accused of Sexual Assault?

In Colorado, assaulting someone carnally is almost always a felony whether the victim is an adult, a minor, a woman or a man.

In attorney Matthew Martin’s many years as a defense attorney and as a prosecutor of sexual offenders, he has witnessed the fact that not all accusations are true. Some incidents turn out never to have happened. In some cases, it cannot be proven that the encounter was not consensual.

Police may not have been thorough in their investigation, and they may not have followed the laws regarding a suspect’s rights.

Contact a defense lawyer, even if you have already determined that you are guilty. You face steep sentences and a lifetime of being branded as a sexual offender. It is possible in some cases to argue that you should be allowed to plead guilty to a lesser crime. Some prison sentences can be shortened with an offer to accept treatment and probation.

The best advice is never to admit guilt or discuss the facts of the case until you have spoken with an attorney.

 


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Additional Resources

RAINN | Anti-Sexual Violence Organization – Visit the official website for the Rape, Abuse and Incest National Network (RAINN), which is currently the largest anti-sexual violence non-profit in the nation. Access their site to learn more about sexual assault, stories from survivors, sexual violence statistics in the U.S., and more.

Denver DA on Sexual Assault – Visit the website of the Office of the District Attorney in Denver, CO, to learn more about the way sexual assault crimes are prosecuted in Denver County. A senior deputy district attorney in DA’s Sexual Assault Unit prosecutes these cases. When the accusations of sexual assault involve intimate partners, the cases are assigned to a criminal justice attorney in the DA’s Family Violence Unit. Other types of sexual assaults are handled by prosecutors in District Court.

 


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Defense Attorney for Sexual Assault in Denver, CO

You want legal help whether you have been arrested, you are being investigated, or you are under suspicion of having committed an assault of a carnal nature. You have rights that must be protected. You have a right to a day in court and to face your accuser. Your right to say nothing may be sorely tested if you do not have legal advice. Police and prosecutors are skilled at trying to get information that will help their case and can hurt yours. To get started on your defense as soon as possible, call Law Office of Matthew A. Martin, P.C..

Law Office of Matthew A. Martin, P.C. has offices in Denver, but accepts clients throughout the greater metropolitan area including Douglas County, Jefferson County, Arapahoe County, Adams County, Broomfield County, and Boulder County.