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

Pregnant Victim? Special Criminal Colorado Sentencing

| Dec 26, 2013 | Sentencing |

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We often see cases where men and women get into arguments which turn physical. Typically, no one is using a weapon. Instead, they yell and throw things, push and shove, and grab and slap. Although emotions are high, no one is seeking to cause serious injury to the other. If a woman is pregnant in these situations, lawmakers in Jefferson, Adams and Larimer County have increased the sentencing and potential punishment for several crimes.

When a man or woman commits one of these crimes against a pregnant woman, knowing or when they should know she’s pregnant, then the accused may receive a greater than normal punishment. Not all crimes are affected by the pregnant victim’s special status. Listed below are the qualifying crimes in Denver, Douglas and Arapahoe County, where the judge can (or is required to) impose a more severe punishment.

For these felony offenses, if the judge sentences a defendant to incarceration, they “shall” sentence the defendant to a term of at least the midpoint, but not more than twice the maximum, of the presumptive range authorized for sentencing of the offense of which the defendant is convicted:

Assault in the first degree, 18-3-202

Assault in the second degree, 18-3-203

Vehicular Assault, 18-3-205

Murder in the second degree, 18-3-103

Manslaughter, 18-3-104

Criminally negligent homicide, 18-3-105

Vehicular homicide, 18-3-106

For this misdemeanor offense, there is a required minimum jail sentence of at least six months

Assault in the Third Degree, 18-3-204

Colorado’s legislature has made a policy decision that pregnant women deserve a special status when it comes to crimes involving violence of any kind. From the least serious of our violent crimes, Third Degree Assault, to Murder in the Second Degree, protection of pregnant women and their child matters.

If police or the sheriff want to speak to you about a crime involving a pregnant woman, be smart, exercise your right to remain silent, and call our experienced lawyers at 303-731-0719. Together, we can protect your future.