Charged With A Crime? It Doesn’t Mean You’re Guilty.

At Risk Adults, At Risk Juveniles, C.R.S. 18-6.5-103

| Apr 26, 2012 | Juvenile |

Devner Criminal Defense Attorney: Crimes Against At-Risk Adults or Juveniles

Colorado crimes against at-risk adults and at-risk juveniles under C.R.S. 18-6.5-103, is a special classification of crimes involving older; and younger, disabled, victims. If an adult is over sixty years of age, that adult is an at-risk adult for crimes in Denver, Jefferson, Arapahoe, Adams and Douglas County. If a juvenile is under eighteen years AND is disabled, they are an at-risk juvenile. Disability generally involves a juvenile who is: unable to walk, see, hear, speak, missing a hand or foot, developmentally disabled, or mentally ill.

Jefferson County Criminally Negligent Conduct Crimes

Criminally negligent conduct involving harm to an at-riskperson increases the class of felony for the crime in Weld, Larimer and other Colorado Counties. If the following crimes are committed against these adults and juveniles, a higher felony classification is mandated: Assault in the First Degree, Assault in the Second Degree, Assault in the Third Degree, Robbery, Theft, Neglect, Sexual Assault, Unlawful Sexual Contact and Sexual Assault on a Child.

Crimes Against At-Risk Persons Carry Harsh Punishments

The Colorado legislature has increased the punishment for crimes against at-risk adults and juveniles due to their vulnerability. While this makes sense in many scenarios, the legislature needs to remember that an at-risk person is not more vulnerable in each of these cases. What if a theft were of an item that was left outside overnight? What if the neglect or negligent conduct had nothing to do with the risk status of the victim?

Criminal Defense Lawyer’s Opinion on the At-Risk Person Laws

I continue to be amazed at how the government makes laws and authorizes punishment which does not fit the crime. It would be great if the government considered scenarios where new laws would have an unjust result, before passing the law. Why does it make sense to punish a thief more because the owner of the property is an at-risk adult or juvenile?

You need an experienced lawyer when the law has an unfair or unintended consequence. We work with judges, juries, and Deputy District Attorneys to protect you. After twenty years practicing criminal law in the Denver Metro area and throughout Colorado, we understand criminal defense.  If you have been accused by police or charged with a crime, be smart, exercise your right to remain silent, and call us at 303-731-0719. Together, we can protect your future.