The police have just charged you with sexual assault…
You’ve just been charged with sexual assault, and in that moment, the whole world suddenly stops, and your head immediately starts to spin. Questions race through your mind: Will I go to jail? Will I have to register as a sex offender or, even worse, lose my job? And how much will this cost? Understandably, this is an incredibly stressful situation, but don’t worry; we are here to help. Keep reading to learn what to expect if you’re charged with sexual assault in Colorado.
The elements of sexual assault
In Colorado, sexual assault is a type of sexual offense. Sexual offenses include several forms of unwanted sexual contact or behavior, from public exposure to forced rape. However, this article focuses only on sexual assault.
Colorado law (C.R.S. 18-3-402) defines sexual assault as any sexual penetration or intrusion that occurs without consent.
- If no penetration happens, the charge may be a lesser offense, such as unlawful sexual contact.
- If someone tries but fails to force penetration, they can still face an attempted sexual assault charge.
- If the case involves a child under 15, the law considers it sexual assault even if no force was used. This charge is often called statutory rape.
Sexual Assault Felony Levels
F4
Class-4 Felony
Defined as sexual assault without force or injury
Criminal penalty: 2 – 8 years in DOC
Fines up to $500,000
F3
Class-3 Felony
Sexual assault by force, drugs or serious threats
Criminal penalty: 4 – 16 years in DOC
Fines up to $750,000.
F2
Class-2 Felony
Sexual assault by gang rape or that causes serious injury
Criminal penalty: 8 – 24 years in DOC
Fines up to $1,00,000.
F2+
Class-2 Felony
F2 Felony sex assault with the addition of a deadly weapon
Criminal penalty: 16 years – life in DOC
Fines up to $1,00,000
What happens if you’re found guilty
The penalties for sexual assault charges in Colorado depend on the severity of the charge and prior criminal history.
Hefty Fines
Beyond paying for a lawyer, you may also face large fines if the court finds you guilty, and the victim may be allowed to seek money for damages.
Mandatory Counseling
The Court can order counseling or enrollment in a treatment program at your expense. Failure to comply can lengthen your sentence.
Personal Life
Being found guilty of a felony will revoke your right to own a gun, affect your immigration status, and even make it harder to find housing or a job.
Prison Time
Prison sentences can range from several years to life in the Department of Correction, depending on how serious the charges were.
Probation
Some offenders may face lengthy probation periods with strict conditions. Probation lengths can vary but generally range from 10 years to life.
Sex Offender Registration For Life
The law requires convicted individuals to register as sex offenders, which affects every aspect of their lives, for life.
Prison Time
Depending on the severity of the offense, prison sentences can range from several years to life in the Department of Corrections.
Hefty Fines
Beyond paying for a lawyer, you may also face large fines if the court finds you guilty, and the victim may seek money for damages.
Sex Offender Registration
The law requires convicted individuals to register as sex offenders, which can deeply impact their personal and professional lives.
Probation
Some offenders may face lengthy probation periods with strict conditions. Probation lengths can vary but generally range from 10 years to life.
Mandatory Counseling
The Court can also mandate counseling or enrollment in treatment programs as part of your sentence. These programs can be expensive and failure to complete a program can lead to additional consequences.
The Court can also mandate counseling or enrollment in treatment programs as part of your sentence. These programs can be expensive and failure to complete a program can lead to additional consequences.
Personal Repercussions
A conviction for sexual assault results in several serious consequences, including a permanent flag on your background check, the loss of your right to own firearms, and potential deportation if you are an undocumented immigrant.
What to Expect If You Are Facing Sex Assault Charges
The Legal Process
Facing sexual assault charges involves a complex legal process, that’s why you should hire an experienced lawyer as soon as possible.
Generally speaking, the process will go something like this:
Investigation
Police conduct a thorough investigation, including collecting evidence and talking to witnesses. Sometimes, police will conduct what is called a pretext call. During these calls, the alleged victim will reach out to you on a recorded line and try to get you to admit to wrong doing. If you believe you might be suspected of sexual assault, it is a good idea to hire an attorney. Your lawyer will speak to the police on your behalf, as-well-as share any messages they have for you.
Arrest
Police will then file charges and issue a warrant for your arrest. If you have hired a lawyer, the police may contact your lawyer to arrange your arrest.
Bond Hearing
You will have the option to bond out of jail with in 48 hours following your arrest. Having an lawyer for this stage can help reduce the overall bond amount or the conditions of bond.
Reading of Charges
Next, you will appear in court to hear the charges against you and enter a plea.
Pre-Trial
This is when both the prosecution and your lawyer will each gather evidence, interview witnesses, and try to work on a plea. If a plea deal cannot be reached, the case will be set for trial.
Trial
In the event your case goes to trial, each side will present their case, and the jury will then discuss and render a verdict.
Sentencing
If convicted, the judge will impose a sentence based on the severity of the crime and other factors.
How Pav Law Can Help
Being accused of sexual assault can feel scary and overwhelming. That’s why hiring a skilled lawyer as soon as possible is crucial. Pav Law charges a flat fee, so the cost stays the same whether you hire us on day one or right before your court date. Expect the best when it matters most.
Immediate Legal Help
Call us right away. The sooner we are able to start on your case, the better your chances of a good outcome.
Investigation and Evidence
We do a deep dive into the facts of the case, leaving no stone unturned. Andrew will interview witnesses and police, review police and security video, and do whatever else it takes to understand your case, inside and out.
Support and Guidance
We’ll stand by you every step of the way, helping you through the legal process, offering support, and answering your questions.
Strong Defense Strategy
Every case is different. We will work closely with you to create a defense strategy that fits your situation and fights for the best possible result.
Court Representation
You won’t face the court alone. We will be there at every hearing, protecting your rights and making sure your voice is heard.
Unmatched Experience
Andrew fought his own battle against false sexual assault claims, so he knows exactly what you’re going through—because he’s been there.
Have you been accused of sexual assault in Colorado? Pav Law can help.
Being charged with sexual assault can feel like too much to bare, if especially you are being charged unfairly. Luckily, Pav Law will dedicate the time and effort needed to understand your case. We know the law, demand the truth, and we will fight for your freedom. Most importantly, we will treat you with respect every step of the way.
If you are in Colorado and facing sexual assault charges, call our offices today! Remember, the longer you wait to hire a lawyer, the less time they will have to build your case. Do not let the system dictate your future. Call Pav Law today and get your life back on track.
Why is Andrew Brown the best defense lawyer for sexual assault charges?
Andrew Brown brings a unique perspective as a sex assault defense attorney. Due to a traumatic event from his past, Andrew knows firsthand how charges based on false claims can ruin lives, because they almost ruined his. Read his story to learn why “He’s the guy.” Call us today. (719) 888-7888 or fill out our contact form.