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Sexual Assault Felony Charges in Colorado

Colorado Sexual Assault / Rape

Here are the specific statutory requirements your Colorado criminal lawyer will need to refute in order to defend a felony charge of Sexual Assault / Rape in Adams County, Denver County, Summit County, Arapahoe County, Jefferson County, Douglas County and other Colorado counties.

Colorado Revised Statutes (C.R.S.) 18-3-402 Felony Sexual Assault

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.

This crime can be charged in Denver county Colorado or other Colorado counties as either a class 2, 3 or 4 felony, and is often referred to as Rape.  As Colorado criminal lawyers working in Denver, Colorado, and nearby in Arapahoe County, Douglas County, Jefferson County, Weld County, Larimer County and Adams County, we often see Sexual Assault / Rape charges when there are allegations that a person forced their date or someone they met at a party, to have sex with them.  Other common scenarios include a woman whose sexual activity with another is discovered by her boyfriend or family, and she wants to save face.  We also see this Rape charge when, after consuming a large amount of alcohol, a woman wakes the next morning to discover she's had sexual intercourse with a new acquaintance and has an incomplete memory of giving consent.  In each of these cases, it is critical that our clients not give any statements to the police, and make a record of the names of witnesses present just before, during, or after the reported sexual contact.

It is important to realize that sex offender sentencing in this felony matter generally involves some type of Indeterminate Sentencing.  This is unique to sex offenses in Colorado.  A sentence of this type requires the court to give the defendant a minimum sentence, but no maximum.  The upper limit is left open, with the maximum being the defendant's natural life - or a lifetime sentence.

Because a Sexual Assault / Rape conviction can lead to life in prison, it is important that you take these charges seriously and contact one of our experience Colorado Criminal lawyers at once.  You need to consult a Colorado criminal attorney who regularly defends the accused in Rape cases in Adams County, Denver County, Weld County, Elbert County County, Arapahoe County, Jefferson County, Douglas County and other Colorado counties.  At the O'Malley Law Office, P.C., We have been aggressively defending people charged with Sexual Assault for 18 years and can put that experience to work in your Rape case.  Be smart, exercise your right to remain silent, and contact us immediately at 303-731-0719.  Together, we can protect your future.

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Case Results

Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.

Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.

Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.

Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.

Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.

Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.

Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.

Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.

Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.

Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado

Rape and Sexual Assault on a Child by Position of Trust. Dismissed by District Attorney during trial. Douglas County, Castle Rock, Colorado.

Animal Cruelty. Acquittal from jury trial. Jefferson County, Golden, Colorado.

Domestic Violence, Elderly. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.

Felony Interference with Public Transportation (train system). Deferred Judgment & Dismissed. Douglas County, Castle Rock, Colorado.

Sexual Assault on a Child. Acquittal from jury trial. Grand County, Hot Sulphur Springs, Colorado.

Homicide (Murder), Deadly Weapon. Dismissed by District Attorney. Denver County, Denver, Colorado.

Commercial DUI. Dismissed at DMV. Deferred judgment and sentence at trial court. Larimer County, Fort Collins, Colorado.

Felony Marijuana Possession (large quantity). Deferred judgment and sentence. Denver County, Denver, Colorado.

4th Degree Arson. Dismissed by District Attorney. Weld County, Greeley, Colorado.

Felony Drug Possession. Dismissed at Motions Hearing by suppression of evidence. Denver County, Denver, Colorado.

Felony Assault on Police Officer. Acquittal from jury trial. Jefferson County, Golden, Colorado.

Deregistration of Juvenile Sex Offender. Arapahoe County, Aurora, Colorado.

Felony Violation of Bail Bond Conditions. Dismissed by District Attorney. Broomfield County, Broomfield, Colorado.

Sexual Assault on a Child (3 alleged victims). Acquittal from jury trial. Adams County, Northglenn, Colorado.

Child Abuse. Deferred judgment and sentence. Jefferson County, Golden, Colorado.

DUI - Department of Motor Vehicles. Dismissed following hearing. Jefferson County, Lakewood, Colorado.

Child Abuse. Acquittal from jury trial. Adams County, Thornton, Colorado.

Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.

Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.

Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.

Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.

Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.

Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.

Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.

Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.

Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.

Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado

Rape and Sexual Assault on a Child by Position of Trust. Dismissed by District Attorney during trial. Douglas County, Castle Rock, Colorado.

Animal Cruelty. Acquittal from jury trial. Jefferson County, Golden, Colorado.

Domestic Violence, Elderly. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.

Felony Interference with Public Transportation (train system). Dismissed after misdemeanor deferred judgment and sentence. Douglas County, Castle Rock, Colorado.

Sexual Assault on a Child. Acquittal from jury trial. Grand County, Hot Sulphur Springs, Colorado.

Homicide (Murder), Deadly Weapon. Dismissed by District Attorney. Denver County, Denver, Colorado.

Commercial DUI. Dismissed at DMV. Deferred judgment and sentence at trial court. Larimer County, Fort Collins, Colorado.

Felony Marijuana Possession (large quantity). Deferred judgment and sentence. Denver County, Denver, Colorado.

4th Degree Arson. Dismissed by District Attorney. Weld County, Greeley, Colorado.

Felony Drug Possession. Dismissed at Motions Hearing by suppression of evidence. Denver County, Denver, Colorado.

Felony Assault on Police Officer. Acquittal from jury trial. Jefferson County, Golden, Colorado.

Deregistration of Juvenile Sex Offender. Arapahoe County, Aurora, Colorado.

Felony Violation of Bail Bond Conditions. Dismissed by District Attorney. Broomfield County, Broomfield, Colorado.

Sexual Assault on a Child (3 alleged victims). Acquittal from jury trial. Adams County, Northglenn, Colorado.

Child Abuse. Deferred judgment and sentence. Jefferson County, Golden, Colorado.

DUI - Department of Motor Vehicles. Dismissed following hearing. Jefferson County, Lakewood, Colorado.

Child Abuse. Acquittal from jury trial. Adams County, Thornton, Colorado.

Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.

Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.

Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.

Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.

Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.

Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.

Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.

Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.

Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.

Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado

Rape and Sexual Assault on a Child by Position of Trust. Dismissed by District Attorney during trial. Douglas County, Castle Rock, Colorado.

Animal Cruelty. Acquittal from jury trial. Jefferson County, Golden, Colorado.

Domestic Violence, Elderly. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.

Felony Interference with Public Transportation (train system). Dismissed after misdemeanor deferred judgment and sentence. Douglas County, Castle Rock, Colorado.

Sexual Assault on a Child. Acquittal from jury trial. Grand County, Hot Sulphur Springs, Colorado.

Homicide (Murder), Deadly Weapon. Dismissed by District Attorney. Denver County, Denver, Colorado.

Commercial DUI. Dismissed at DMV. Deferred judgment and sentence at trial court. Larimer County, Fort Collins, Colorado.

Felony Marijuana Possession (large quantity). Deferred judgment and sentence. Denver County, Denver, Colorado.

4th Degree Arson. Dismissed by District Attorney. Weld County, Greeley, Colorado.

Felony Drug Possession. Dismissed at Motions Hearing by suppression of evidence. Denver County, Denver, Colorado.

Felony Assault on Police Officer. Acquittal from jury trial. Jefferson County, Golden, Colorado.

Deregistration of Juvenile Sex Offender. Arapahoe County, Aurora, Colorado.

Felony Violation of Bail Bond Conditions. Dismissed by District Attorney. Broomfield County, Broomfield, Colorado.

Child Abuse. Deferred judgment and sentence. Jefferson County, Golden, Colorado.

DUI - Department of Motor Vehicles. Dismissed following hearing. Jefferson County, Lakewood, Colorado.

Child Abuse. Acquittal from jury trial. Adams County, Thornton, Colorado.

Petition to Deregister Sex Offender. Granted by Court. Adams County, Colorado.

Sexual Assault on a Child-Position of Trust. Acquittal from Jury Trial. Fairplay, Colorado.

Criminal Mischief. Acquittal from Jury Trial. Denver County Court. Denver, Colorado.

Assault in the First Degree on Police Officer and Menacing. Judgment of Acquittal During Trial. Adams County, Colorado.

Kidnapping and Rape (Sexual Assault). Dismissed. Montrose County, Colorado.

Aggravated Incest & Sexual Assault on a Child. Not Guilty on all 12 Counts. Douglas County, Colorado.

Failure to Register as Sex Offender. Dismissed. Jefferson County, Colorado.