Child Sexual Assault Defense Attorney

Facing allegations of child sexual assault can be a daunting experience. The legal complexities and societal biases involved can make the defense process particularly challenging.

Any defense must be tailored to the unique circumstances of each case. It should leverage all available resources, from expert witnesses to digital evidence, while respecting the rights of all parties involved.

Child sexual assault is a serious criminal case. The legal definition of sexual assault on a child is found at C.R.S. 18-3-405. If you are facing this type of charge, it is important to speak with a criminal defense attorney. Our firm offers free consultations.

Understanding CRS 18-3-405: Legal Framework in Colorado

In Colorado, child sexual assault cases are governed by CRS 18-3-405. This statute defines the crime and sets forth the penalties for those convicted. Understanding this law is crucial for anyone facing such allegations.

CRS 18-3-405 defines sexual assault on a child as knowingly subjecting another to any sexual contact. Sexual contact means:

• touching the victim's intimate parts or having the victim touch the defendant's intimate parts

• the emission or ejaculation of seminal fluid onto the victim

The victim must be less than fifteen years of age and the defendant must be at least four years older than the victim.

The law also includes provisions for repeat offenders. If a person is convicted of child sexual assault more than once, they face enhanced penalties. This can include mandatory life imprisonment without the possibility of parole.

Penalties for Violating CRS 18-3-405

Violating CRS 18-3-405 carries severe penalties.

The severity of these penalties depends on various factors. These include the age of the victim and the perpetrator's relationship to the victim.

Sexual assault on a child is a class 4 felony. A class 4 felony has a sentencing range of 2 to 6 years in prison and/or a fine from $2,000 to $500,000.

Sexual assault on a child is a class 3 felony if:

• The defendant used force to accomplish or facilitate sexual contact

• The defendant used threat of injury or kidnapping

• The defendant threatens retaliation against the victim or anyone else

• the actor commits the offense as a pattern of sexual abuse

A class 3 felony has a sentencing range of 4 to 12 years in prison. The court can impose a fine of up to $750,000.

Sex crimes are also considered crimes of violence. This means that a defendant is impose prison, a defendant would be required to serve a mandatory term of the mid-point of the presumptive range.

If a court was to impose probation. A defendant would be required to submit to sex offender specific probation. This would be an extremely restrictive probationary sentence. For example, a defendant would not be permitted to live with or work around anyone 18 years or younger.

Mandatory registration as a sex offender is also required.