Child Sexual Assault

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Child Sexual Assault Lawyer in Denver

Sex offense allegations involving victims who are minors can bring harsh felony charges in Colorado. While some accusations may be true, child sexual assault charges are also sometimes filed as a result of confusion, a misunderstanding, or ambiguous evidence. Whether you or a loved one has been accused of child sexual assault in Denver, you can turn to the Law Offices of James Colgan for a strong defense.

With more than a quarter of a century of trial experience from both sides of the courtroom, Denver Child Sexual Assault Defense Attorney, James Colgan also has experience as a deputy sheriff and a police officer. This vast and comprehensive background with the law and justice system has empowered him with a unique perspective, extraordinary skills, and deep knowledge that he uses to provide superior, strategic defense representation to his clients.

Call 303-990-0621 or email our firm for a free, confidential consultation 24/7.

We are ready to put our 25 years of criminal law experience to work helping and defending you.

How Does Colorado Law Define Child Sexual Assault?

According to the Colorado Revised Statutes (“C.R.S.”) 18-3-405 (1), sexual assault on a child is the criminal act of touching a child’s buttocks, breast(s), or genitalia for the purpose of sexual gratification or sexual abuse. Here, it’s important to point out that:

  • This offense can also include making the child do the touching and touching that occurs over clothing (meaning nudity is not necessary for child sexual assault charges to be filed).
  • “Child” means someone younger than 15 who is at least 4 years younger than the accused individual.

Child sexual assault is just one offense that is grouped into Colorado child molestation laws. Unlawful sexual contact and internet exploitation of a child are related offenses that are also among these criminal statutes.

What Are the Charges & Penalties for Child Sexual Assault in Denver?

Similar to other sex crimes cases, the charges and associated penalties involved will depend on the circumstances of the offense and the criminal history of the accused (along with other factors). The following table shows the range of charges generally filed for child sexual assault cases in Denver, along with the penalties for each.

Child Sexual Assault Charge Circumstances Prison Time Fines
Class 4 Felony First-offense with no aggravating factors 2 to 6 years $2,000 to $500,000
Class 3 Felony The offense involved force, threats, kidnapping, or a pattern of abuse. 4 to 12 years $3,000 to $750,000
Class 3 Felony A deadly weapon was used, or the victim suffered serious bodily injury. 8 years to life Up to $1,000,000

With these charges and cases, it’s also crucial to understand that:

  • Those convicted of child sexual assault will have to register as sex offenders in Colorado: Failing to comply with this court-ordered penalty can bring new criminal charges, usually Class 6 felony charges.
  • Prosecutors may not be bound by statutes of limitations: Some cases, like those alleging patterns of sexual abuse, may not have deadlines for bringing charges. This means that prosecutors may be able to file certain child sexual assault charges years to decades after an alleged incident occurred.

Position of Trust

When allegations of child sexual assault involve someone who held a position of trust in relation to the alleged victim, the charges can be elevated. Specifically, “a position of trust” is defined by Colorado statutes as:

Any person who is a parent or acting in the place of a parent and charged with any of a parent’s rights, duties, or responsibilities concerning a minor, including a guardian or someone otherwise responsible for the general supervision of a minor’s welfare, or a person who is charged with any duty or responsibility for the health, education, welfare, or supervision of a minor, including foster care, child care, family care, or institutional care, either independently or through another, no matter how brief, at the time of an unlawful act.

When an alleged assailant holds one of these positions of trust, (s)he can face:

  • Class 4 felony charges when the alleged victim is between 15 and 17 years old
  • Class 3 felony charges when the alleged victim is younger than 15 or when the offense is part of a pattern of abuse

How Can I Defend Myself Against Charges of Child Sexual Assault?

As scary and serious as child sexual assault charges are, they are just the starting point for your defense case. Depending on the allegations, evidence, and circumstances associated with your case, you may have multiple options for defending yourself against the charges. In general, some effective defense strategies for child sexual assault cases can include arguing or demonstrating that:

  • The allegations are false, and no sexual contact occurred.
  • The witnesses for the prosecution are not credible or have misconstrued the facts.
  • There are inconsistencies or problems with the physical evidence.
  • There is enough reasonable doubt to not convict the accused individual.

Choose a Denver Sex Assault Defense Lawyer Who You Can Rely on Every Step of the Way: Contact the Law Office of James Colgan, LLC

When you are accused of child sexual assault or any sex offense in Denver, you need a strong defense to protect your rights, interests, and chances of securing a favorable outcome. In the Denver metro area, you can rely on Denver Sex Crimes Defense Attorney James Colgan when it’s time to put up the fight of your life.

Passionate, relentless, and experienced, Attorney James Colgan is skilled at presenting persuasive, strategic defense cases for various types of child sexual assault cases. He and his diligent team can help you understand your rights and defense options. They can also help you anticipate the challenges ahead, guiding you at every phase while fighting tirelessly for the best possible resolution.

Call 303-990-0621 or email our firm for a free, confidential consultation 24/7.

As a fierce advocate for his clients, Attorney James Colgan is known as a “pit bull in the courtroom.” That means he always prepares cases diligently and comprehensively, positioning them, whenever position, for reduced charges, lesser pleas, and even dismissals of charges prior to trial.

Trial-tested and recognized for his record of success, Denver Sex Crimes Defense Lawyer James Colgan is the attorney you can turn to for an exceptional defense when it’s time to navigate the complicated legal system.

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