Felony and Misdemeanor Sexual Offenses
Sex crimes are a general category of offenses that have important common elements. Sex crimes include such offenses as sexual assault, sexual assault on a child, unlawful sexual contact, internet sexual exploitation of a child, and indecent exposure. With few exceptions, sex crimes are felonies ranging from Class 2 to Class 4. In addition, unlawful sexual contact can be a Class 1 misdemeanor if it is not accompanied by force, threats, or intimidation, and indecent exposure is a Class 1 misdemeanor.
A conviction for any sex crime can be an unfathomable catastrophe. If you know or suspect that you may be accused of a sex crime, or that you are under investigation for a sex crime, you should immediately and without hesitation contact a qualified criminal defense attorney. You should not indulge yourself with the idea that since you did nothing wrong, you need only explain your account to the police. To be safe, you should immediately contact legal counsel.
It is of utmost importance to be aware of the following:
One convicted of a sex crime is required to register as a sex offender and, in some instances, registration can be for life. If one fails to register as a sex offender, there is a related but separate charge for failure to register as a sex offender (18-3-412.5).
If one convicted of a sex crime is granted probation, as opposed to receiving a prison sentence, a probationary period of as much as life may be imposed depending on the seriousness of the offense. If granted probation for sex crime, an individual will be required to participate in what is referred to as sex offense specific treatment for a significant period of time. The structure and requirements of this treatment are standardized statewide by the Sex Offender Management Board Standards and Guidelines. Anyone being investigated for, or charge with, a sex crime need only review the Guidelines to realize just how serious things can be. For example, a convicted sex offender is prohibited from having contact with children under the age of 18, including one’s own children, indefinitely. Failure to successfully complete the challenging requirements of the Guidelines may result in revocation of probation and imposition of a prison sentence.
If a prison sentence is imposed, either because probation was denied or because probation was granted but subsequently revoked, and the felony is a Class 4 or greater, the individual will be sentenced to no less than a certain minimum sentence and no more than life under the indeterminate sentence for sex offenders (18-1.3-1004), section of the Sex Offender Lifetime Supervision Act of 1998. Accordingly, every individual convicted of a Class 4 felony or greater may end up serving a natural life sentence. Whether one is released at some point or never released is within the sole discretion of the Colorado Parole Board. It has been reported that since the implementation of these harsh sentencing laws in 1998, very individuals imprisoned under the Act have been released.
- Alexander Garlin obtained a Not Guilty verdict from a Boulder County jury in a case where his client was charged with Sexual Assault on a Child. His client allegedly, on different occasions, sexually assaulted two sisters who were his nieces. After successfully arguing that separate trials for each victim was appropriate, the defense presented strong evidence that the mother of the two accusers, the client’s sister-in-law, had long held a deep grudge against him and knew that the accusations were lies. Once the first of the two scheduled trials resulted in an acquittal, the prosecution voluntarily dismissed the charges involving the other niece. The exonerated client was permitted to return to his family home for the first time since being wrongfully accused, and was reunited with his wife and young son.
- Working with an experienced forensic expert, Alexander Garlin was able to obtain a voluntary dismissal in a Boulder County case where their client, a physician’s assistant and father of two children, was wrongfully accused of having downloaded child pornography to his office computer. Exhaustive expert computer forensic analysis demonstrated that that the prosecution could not prove that their client knowingly placed the images in question on the computer. If convicted, the client would have been required to register as a sex offender and would have been unable to live with or have contact with his children, including his own.
Criminal Defense Attorney Alexander Garlin has experience in providing criminal defense of both misdemeanor and felony sex crimes. Extreme care and caution should be taken when confronted with sex crime allegations because the outcome may have life long ramifications, including incarceration, indefinite periods of probation supervision, therapy, and sex offender registration and re-registration. Whether you contact Garlin Driscoll, LLC, or other qualified attorneys, we recommend that you do so without delay so that you can better understand your circumstances, and thereby promote informed decision making that could significantly improve the ultimate outcome of your case.
The criminal defense attorneys at Garlin Driscoll, LLC, welcome your inquiry and do not charge for initial telephone, e-mail and/or office consultations.