Sexual assault is one of the most aggressively prosecuted offenses in Colorado, which is why you need a Lakewood sexual assault defense lawyer with proven results. A conviction can mean years behind bars and other serious consequences, so it’s crucial to know what to do if you are facing these criminal charges. Here are the steps to take after being charged with sexual assault:
Understand the Charges
Colorado Revised Statutes Section 18-3-402 defines the crime of sexual assault as knowingly inflicting sexual intrusion or penetration on a victim under any of the following situations:
- By committing the act knowing the victim doesn’t consent
- While knowing the victim is incapable of appraising the nature of the conduct
- While knowing the victim submits to the sexual act, wrongfully believing the defendant is their spouse
- When the defendant is at least four years older than the victim, who is 15 or 16 years old
- When the victim is in custody or law, in a hospital, or in another institution where the defendant has supervisory or disciplinary authority over the victim and uses this position to cause the victim to submit to the sexual act
- While purporting to offer a medical service and engages in treatment or an examination of the victim, not for bona fide medical practices
- When the victim is physically helpless, the defendant knows this, and the victim has not consented
Review the charging documents to understand why you are being charged with this offense, who the alleged victim is, and what potential defenses you may be able to raise.
Learn the Consequences of Being Convicted of Sexual Assault
Some people want to be done with these charges, so they quickly plead guilty to the offense. However, sexual assault comes with serious penalties, including the following:
Bond Requirements
Even if you have not been convicted and have only been charged with the offense, you may be subject to “reasonable terms” associated with your bond, which may include:
- Not having contact with the victim or their family
- Not returning to a shared residence
- Not seeing your children
- Not consuming alcohol
- Being subject to random drug tests
- Unannounced visits from a probation officer
- Unannounced searches by a probation officer
- Having to wear a GPS ankle bracelet to monitor your whereabouts
If you violate these terms, your bond can be revoked, and you can be incarcerated while your case is pending. If you are convicted, many of these terms apply to probation.
Years Behind Bars
Sexual assault is a felony in Colorado. A conviction carries significant penalties. A conviction for sexual assault can result in four to twelve years in a Colorado prison. If aggravating factors are present, penalties can increase to 24 years in prison.
However, sex crimes in Colorado are subject to indeterminate sentencing, which means that you will serve the minimum of the range up to the rest of your life. You do not become eligible for parole until you have served the minimum of the range, but there is no guarantee you will be granted parole. You could be required to spend the rest of your life behind bars.
Sexual Offender Registration
A Class 4 felony conviction for sexual assault requires ten years of sex offender registration in Colorado. Registration is for twenty years for a Class 2 or 3 felony. This consequence can lead to intrusive monitoring, harassment, and limited opportunities.
Mandatory Psychiatric Treatment
Individuals convicted of sex crimes in Lakewood, Colorado are subject to psychiatric evaluation that determines their risk level, factors that should be addressed in treatment, available treatment options, and monitoring procedures. The court considers this evaluation and may require psychiatric treatment based on the recommendations.
Hire an Experienced Sexual Assault Defense Lawyer
Because so much is at stake, it’s important that you hire an experienced Lakewood criminal defense lawyer. I am Elaine Lukic, a former prosecutor who now works tirelessly to protect the rights of the accused. I can use my inside knowledge to anticipate the prosecution’s strategy and how to safeguard your rights. Contact The Law Office of Elaine E. Lukic by contacting (888) 565-2217 or completing our contact form for a confidential consultation.