Sexual Assault on a Child

Colorado Sexual Assault on a Child, C.R.S. 18-3-405, Criminal Attorney

If you are charged with a sexual assault on a child charge ("SAOC"), C.R.S. 18-3-405, a/k/a child molestation, nothing is more important to your future than reading this page. Most SAOC charges have indeterminate sentencing (mandatory lifetime prison or mandatory lifetime probation). With the stakes so high, you need a law firm that is experienced, knowledgeable and successful with trials in this area of law. We are that law firm.

Read a Recent True Case Study Involving Sexual Assault on a Child Allegations.

Whether you are in Adams County, Arapahoe County, or Boulder County, or another county, Colorado has strict parameters for accused and convicted sex offenders. For example, once you are charged, you cannot have contact with minors. This means that you might have to move out of your house. You might have to leave your job — even before you are convicted of anything. No where else is there more of a presumption of guilt and imposition of punitive sanctions prior to conviction, than in sex offenses. You might even be forced to incur the expense of GPS monitoring in order to get out on bail.

Divorce and Child Sexual Assault Allegations

Sexual assault on a child charges, a/k/a child molestation, in Denver, El Paso and Jefferson County are often used to gain an advantage in divorce proceedings. Many times, step children bring these charges to get the step parent out of the house. Children are sophisticated and know full well what they are doing when they make these accusations. As a result, we work effectively with divorce attorneys as expert witnesses to show juries the advantages to making these allegations in divorce-related cases. We work with mental health professionals to offer testimony as to motivations for children making these allegations.

"Not guilty." Our utmost goal for you.

The Difficulty of Plea Bargaining in Child Sex Cases

Plea bargaining is not an option in most SAOC cases in places like Larimer, Pueblo and Weld County, because of the strict mandatory sentencing laws our legislature has passed. Sentencing requirements ALWAYS include no contact with children and other draconian measures dictated by the Colorado Sex Offender Management Board. In the event you desire to pursue a plea agreement, we'll carefully lead you through the complex maze of sex offender sentencing laws. We will seek to obtain an agreement that is of limited duration and that allows you to keep your job. We have contacts with sex offender evaluators / treaters and know who to refer you to and who to stay away from. We will also advise you of the mindset necessary to be successful with sex offender treatment agencies and probation officers. This is a high stakes area of criminal law and you cannot afford to work with an uninformed law firm. If you want to stay out of prison, it is essential that you retain an attorney that understands the perils of sex offender charges, plea bargaining and sentencing.

Colorado Sex Offender Management Board

By accessing the website of the Colorado Sex Offender Management Board, you can learn of requirements for sex offenders that restrict where you live, who you live with, what you think, restrictions for any sexual activity, where you work, and where you go during a given day. You are required to spend thousands of dollars on treatment, polygraphs and probation officer supervision. There is a presumption that you are simply a time bomb waiting to reoffend. Under narrow circumstances, we can help you avoid lifetime consequences to a sex offender plea bargain. This is a very difficult task and can best be accomplished when you have not given any statement to the police. Protect yourself and remain silent.

Common sexual assault on a child charges include:

Good Faith Belief a Child is Over 18 Years Old?

Age matters a great deal in determining whether a person is charged with a class 3 felony mandatory prison count.  So, remember that under C.R.S. 18-1-503.5, it is an affirmative defense that the person who is accused of child sexual assault reasonably believed the victim to be eighteen years old and they in fact were at least fifteen years old. The only exception to this rule is with Position of Trust cases, when it does not apply.

Contact an Experienced, Dedicated Criminal Lawyer Immediately if You Have Been Accused

You may feel like you have done nothing wrong, or feel like you have and that you want to accept responsibility. Stop and think. The police believe the person making the accusations and only want evidence to convict you. They don't talk with you to obtain your version of what occurred. They are trying to convict you. They are not your friend. They are not neutral. We defend the innocent with every tool at our disposal. You have so much to lose; you cannot afford to give any statement to the police. For those with culpability, we can arrange a plea bargain and let you accept responsibility while protecting your rights with a plea to a reasonable charge with reasonable consequences. We have a network of sex offender treaters that you must begin working with in order to preserve your future, rather than waiting for probation-oriented treaters to be assigned to you. Without careful thought and a review of the complex sex offender sentencing laws, you will end up with a lifetime of regret. Don't take chances — call us to arrange for your defense. This is a critical moment in your life when you need advocacy from a professional who has your long-term best interests at heart.

When you enlist our help as your defense attorneys, know that we are here to protect your rights. We can also refer you to trusted therapists who can help you break the cycle of sex addiction ― while at the same time vigorously protecting your legal rights under the law.

Timing is critical. Experience leads the way to the best outcome. Call or e-mail O'Malley Law Office, P.C., to schedule a free consultation with a Denver-area criminal defense attorney if you are under investigation or have been charged with child sex assault or enticing a minor in person or online.

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Knowledge is power when it comes to criminal defense. O'Malley Law Office, P.C., offers clients the benefit of our 20-plus years of experience. In the face of a child sex assault arrest or criminal investigation, look for a knowledgeable, dedicated defense attorney. Our law firm offers the advocacy of a Christian attorney who believes in zealously protecting your constitutional rights. Contact O'Malley Law Office, P.C., to schedule a free initial consultation with a criminal defense lawyer.

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