Experienced Sexual Assault Attorney in Denver, CO
If you find yourself or a loved one facing sexual assault charges, there’s no doubt that the situation is confusing, intimidating, and overwhelming. Known as a dedicated sexual assault lawyer, Denver attorney M. Colin Bresee has successfully represented hundreds of cases.
We encourage you to get representation quickly. Sexual assault cases can be won or lost in the first seven days after the arrest, with a potential consequence of lifetime imprisonment, lifelong surveillance, and/or registration on a sex offender list. You need an attorney who has dedicated the bulk of their practice to aggressively defending just these crimes. M. Colin Bresee offers over 20 years’ experience as a former prosecutor turned defense attorney. Please call 303.835-9563 or contact us online today to schedule a free private consultation so we can start building your defense.
Common Criminal Charges
There are many potential sex crime charges that a sexual assault lawyer could help defend you from. Some, like indecent exposure, are misdemeanors and some are felonies, but most can get you labeled for life as a sex offender. A criminal defense attorney can help you avoid prison time as well as the potential for irreparable damage to your reputation and your life.
Sexual Assault/Statutory Rape
Colorado statutes define sexual assault (rape) as any nonconsensual sexual penetration. Nonconsensual can be defined in many ways, including using threats or violence, engaging in penetration with a person incapable of consent, abusing a position of trust, or engaging in sex with a person who is underage. See the statute below for the complete definition.
Unlawful Sexual Contact
Unlawful sexual contact is any sexual contact done without the victim’s consent. This includes any induced or forced sexual contact with a child, or exposing the intimate parts of the child or the adult. It is usually a misdemeanor, but can sometimes be a felony.
Sexual Crimes Against Minors
Sexual abuse of minors is considered a greater violation of social standards and typically carries greater penalties than similar crimes against adults.
Enticement of a Child
Enticement of a child is inviting or convincing a child to go to a place like a vehicle, building, or secluded location for the purposes of performing an illegal sexual act. It is considered a form of kidnapping, and is a felony.
Internet Luring of a Child
Internet luring of a child is using a computer, phone, or data network to contact a person that the actor knows or believes to be under the age of 15 for the purposes of arranging a sexual meeting. It is a felony, and remains a crime even if no meeting took place.
Sexual Exploitation of a Child
Sexual exploitation of the child broadly refers to the trafficking in child pornography. To control the spread of child pornography, the statute makes mere possession of child pornography a crime. Sexual exploitation of a child is a felony.
Sexual Assault on a Child
Sexual assault on a child is when an actor performs sexual assault on a person less than the age of fifteen if the actor is at least four years older than the victim. Sexual assault on a child is a felony.
Lifetime Probation/Prison Sentences
In Colorado, sex crimes typically have two ranges of sentences. There is a normal sentencing range, and a sentencing range for crimes of violence. Typically, crimes of violence have sentences 2-3 times longer than normal sex crimes. In addition, many sex crimes require registration on a sex offender list and/or consent to lifetime supervision.
However, most sex crimes are subject to what is called “indeterminate sentencing” in which the court can decide how long you will be imprisoned, starting at the presumptive sentencing, but extending up to the term of your natural life.
Colorado Sex Offense Charge FAQs
It’s true. Even if you’ve already posted your bond, the District Attorney may still attempt to add some or all of the following terms and conditions after you’ve posted your bond. Below are frequently asked questions (FAQs) regarding what happens after a sex offense charge in Colorado.
What can the Court do to me?
- The Court can arrest you, and the police can issue a warrant.
- The Court can impose “reasonable terms” associated with your bond.
What are these “reasonable terms?”
- No contact with the victim or the victim’s family, even if it’s your own.
- You cannot return to your house.
- You cannot see your own children.
- You may be subject to an alcohol sensor (you cannot consume alcohol while out on bond).
- You may be randomly tested for drugs and alcohol at your expense.
- Your probation officer can come to your home or place of work at any time, unannounced.
- Your probation officer can come to your home and search it at any time, unannounced.
- You may be court-ordered to quit your job.
- No possession of a weapon while your case is pending.
- They may put you on a State list just for being charged – make sure you know how to protect your rights to avoid this.
- You may be court-ordered to wear a GPS ankle bracelet until the case is concluded.
Will I have to register as a sex offender?
If convicted, you may be subject to registration as a sex offender.
Statutes Associated with Sex Crime Charges
These cases are unique to our justice system. The majority of these cases carry an indeterminate sentencing. This means that each charge can put you in prison for the rest of your natural life. The Courts and the prosecutor will treat you as guilty until you are proven innocent and will work together to immediately restrict your life and livelihood.
You need a sex crimes attorney who has the specialized knowledge, training, and dedication to fight for you.
Section 18-1.3-1004 – Indeterminate Sentence
“The district court having jurisdiction shall sentence a sex offender to the custody of the department for an indeterminate term of at least the minimum of the presumptive range specified in section 18-1.3-401 for the level of offense committed and a maximum of the sex offender’s natural life.”
Section 13-3-402 – Sexual Assault (definition)
“(1) Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if:
(a) The actor causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim’s will; or
(b) The actor knows that the victim is incapable of appraising the nature of the victim’s conduct; or
(c) The actor knows that the victim submits erroneously, believing the actor to be the victim’s spouse; or
(d) At the time of the commission of the act, the victim is less than fifteen years of age and the actor is at least four years older than the victim and is not the spouse of the victim; or
(e) At the time of the commission of the act, the victim is at least fifteen years of age but less than seventeen years of age and the actor is at least ten years older than the victim and is not the spouse of the victim; or
(f) The victim is in custody of law or detained in a hospital or other institution and the actor has supervisory or disciplinary authority over the victim and uses this position of authority to coerce the victim to submit, unless the act is incident to a lawful search; or
(g) The actor, while purporting to offer a medical service, engages in treatment or examination of a victim for other than a bona fide medical purpose or in a manner substantially inconsistent with reasonable medical practices; or
(h) The victim is physically helpless and the actor knows the victim is physically helpless and the victim has not consented.”
Section 18-3-305 Enticement of a Child (definition)
“A person commits the crime of enticement of a child if he or she invites or persuades, or attempts to invite or persuade, a child under the age of fifteen years to enter any vehicle, building, room, or secluded place with the intent to commit sexual assault or unlawful sexual contact upon said child. It is not necessary to a prosecution for attempt under this subsection that the child have perceived the defendant’s act of enticement.”
Section 18-3-306 Internet Luring of a Child (definition)
“An actor commits internet luring of a child if the actor knowingly communicates over a computer or computer network, telephone network, or data network or by a text message or instant message to a person who the actor knows or believes to be under fifteen years of age and, in that communication or in any subsequent communication by computer, computer network, telephone network, data network, text message, or instant message, describes explicit sexual conduct as defined in section 18-6-403 (2) (e), and, in connection with that description, makes a statement persuading or inviting the person to meet the actor for any purpose, and the actor is more than four years older than the person or than the age the actor believes the person to be.”
If you’ve been charged with a sex crime in Colorado, don’t hesitate and immediately contact our office for a private consultation.
Why Good Legal Representation Matters
Sex offense cases are very complex and are frequently won or lost on the details. Inexperienced attorneys and public defenders are poorly suited to making winning defenses in these cases.
Every District Attorney’s Office has a “sex crimes” unit. These law enforcement units have unlimited time, the budget for any scientific testing and expert testimony they need, and the experience to gain any evidentiary, tactical, and procedural advantage to convict you. These units seem content to obtain convictions because people cannot afford to defend themselves.
Do not hire based on price alone. Mr. Bresee regrettably receives a phone call every week from someone who hired an inexpensive law firm and was just convicted. Sadly, you frequently get what you pay for – they usually end up with a life sentence in prison. If you don’t have the money to do it right the first time, will you have the money to do it over? Hire on experience, commitment and an attorney’s proven track record. Clients from across the State have experienced exceptional results with Mr. Bresee’s defense.
Schedule a Free Consultation
With over 20 years’ experience prosecuting and defending sexual assault cases, Mr. Bresee understands the complexities of your case, and how a careful framing of the actions and circumstances in your case can lead to a favorable verdict. With his legal advice and counsel you might have a reduced sentence, conviction on a lesser charge, or avoid conviction altogether thanks to his experience or expertise.
If you are looking for an experienced sexual assault attorney in Denver, please call 303.835.9563 today to schedule your free, private consultation.