Sexual Assault Defense Attorney in Northglenn

Denver Sexual Assault Defense Attorney

Sexual assault allegations can bring serious charges and harsh, life-changing penalties in Colorado, making it crucial to handle such cases with the utmost care and legal expertise. Sexual assault is one of the most serious sex crimes, and a conviction can result in severe penalties, including lengthy imprisonment, hefty fines, and mandatory registration as a sex offender. In some cases, charges of sexual assault can overlap with statutory rape, especially when the alleged victim is a minor, which can further complicate the legal process and intensify the consequences.

Whenever these types of sex crime charges are filed, questions of consent and witness credibility are often key factors that can heavily influence the outcome of the case. It’s not uncommon for details to be misconstrued, which is why a thorough investigation and a strong defense are critical. For those accused of sexual assault, it’s essential to remember that criminal charges are not the same as a conviction—and having an experienced lawyer can make all the difference in protecting their rights, building a defense, and challenging the evidence against them.

Individuals who have been convicted of sexual assault may eventually pursue removal from the sex offender list, but the process is often lengthy and complex, requiring a deep understanding of the legal system. Seeking the assistance of a skilled defense attorney is vital not only during the trial but also in the aftermath, as they can guide you through the steps needed to potentially regain your life and reputation. An experienced lawyer can be your strongest ally in navigating these challenging legal waters and striving for the best possible outcome.

At the Law Office of James Colgan, LLC, our Denver sexual assault defense lawyer is highly effective at defending those accused of sexual assault. Whether you or a loved one has been accused of sexual assault for the first time or a subsequent time, our team can help you understand your options, prepare a persuasive defense case, and anticipate the challenges ahead. We can also guide you at every phase, fighting tirelessly for the best possible resolution.

Call 720-909-6425 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 you.

How Does Colorado Law Define Sexual Assault?

Colorado Revised Statutes (C.R.S.) Sections 18-3-402 describe the criminal offense of sexual assault to be the intentional act of sexually intruding upon or penetrating a victim without his or her consent. This can include the use of deception to commit a sexual assault, like if an assailant is posing as a spouse or engaging in illegal conduct under the guise of performing a medical exam. It can also occur when:

Victims are unable to consent, which can happen when a victim is asleep or has certain mental conditions that limit his or her understanding of the sexual activity.
Victims are minors, meaning they are legally not able to consent to sexual activity with adults.
Victims are under the authority of an alleged assailant, which can occur in jail or a hospital setting.

What Are the Charges & Penalties for Sexual Assault in Colorado?

The circumstances of the alleged offense and the criminal history of the accused will impact the level of charges filed in sexual assault cases. The table below shows the various types of criminal charges that are filed against those accused of sexual assault in Denver, along with the potential penalties in the event of conviction.

Sexual Assault Charge

Class 1 Misdemeanor (Extraordinary Risk Crime)

Class 4 Felony

Class 3 Felony

Class 2 Felony

Circumstances

Victim was 15 or 16 & the accused 25 or 26 (10 years older)

First-offense sexual assault with no aggravating factors

Victim was disabled or impaired by a date rape drug, or the accused used physical force to commit the sexual assault.

Victim is physically injured, or the accused used a deadly weapon or had an accomplice.

Jail or Prison Time

6 mos. to 2 years

4 to 12 years

8 to 24 years

16 to 48 years

Fines & Other Penaltie

Up to $500$500 to $,5000

$2,000 to $500,000
3 years of parole

$3,000 to $750,000
5 years of parole

$5,000 to $1,000,000
5 years of parole

How Can I Defend Myself Against Sexual Assault Charges in Denver?

Like the charges filed, the best defense options for a sexual assault case depend on the circumstances and evidence in that case. Generally, some effective defense strategies in these cases can involve:

Undermining the credibility of the prosecution’s witnesses
Highlighting the inconsistencies or problems with any physical evidence
Arguing that the sexual contact was consensual
Showing that allegations have been falsely made to try to get back at the defendant for some reason
Demonstrating there is enough reasonable doubt to not convict the accused

Remember, you are innocent until proven guilty in the eyes of the law. The right attorney can help you establish this while asserting your rights to justice.

Choose a Denver Sex Assault Defense Lawyer with a Record of Success: Contact the Law Office of James Colgan, LLC

If you are facing a sex crime charge, you need a strong defense to give yourself the best chances of optimal outcomes. In the Denver metro area, those accused of misdemeanor and felony sex offenses can count on receiving an exceptional defense from the Law Offices of James Colgan.

Denver Criminal Defense Attorney James Colgan is passionate about building and presenting the best possible defense cases. That means he always prepares cases diligently and comprehensively, positioning them, whenever possible, for reduced charges, lesser pleas, dismissals, and acquittals. As a fierce advocate for his clients, Attorney James Colgan is known as a “pit bull in the courtroom” who saves his clients from overcharging and wrongful convictions.

Call 720-909-6425 or email our firm for a free, confidential consultation 24/7.

With more than a quarter of a century of trial experience from both sides of the courtroom, 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.

Trial-tested and recognized for his record of success, Denver Sex Crimes Defense Lawyer James Colgan is the attorney you can turn to when it’s time to navigate the complicated legal system, put up the fight of your life, and set your defense case up for a successful resolution.

Frequently Asked Questions

What should I do if I am falsely accused of sexual assault in Northglenn, Colorado?

If falsely accused of sexual assault in Northglenn, Colorado, it's crucial to remain silent about the case details except with your attorney, and promptly seek a defense lawyer experienced in sexual assault cases, such as James Colgan. Our experienced lawyer will guide you in understanding your legal options, developing a defense strategy, and managing the complexities of the legal process. You should also gather any evidence that might support your innocence and adhere strictly to the legal advice given by your attorney. Handling the case with discretion and the right legal support is essential to navigating such serious allegations effectively.

How do I choose the right sexual assault defense lawyer in Northglenn, Colorado?

When choosing the right sexual assault defense lawyer in Northglenn, Colorado, focus on finding someone with extensive experience and specialization in handling sexual assault cases. Assess the lawyer's track record and consider their reputation through reviews and client testimonials. Ensure clear communication and comfort with the attorney, as discussing the case's sensitive aspects is crucial. Take advantage of free initial consultations to evaluate the lawyer's approach and compatibility with your case needs. For instance, a lawyer like James Colgan, noted for his experience and aggressive defense tactics, may be suitable if these attributes align with your needs.

Can a sexual assault defense attorney help reduce my charges or penalties?

Yes, a sexual assault defense attorney can help reduce charges or penalties. We use our expertise in law and procedural knowledge to challenge the prosecution's evidence and identify legal errors. Through negotiation skills, we may secure plea bargains that reduce charges before a trial. Additionally, we develop strategic defenses and effectively represent our clients in court to aim for the best possible outcomes. Engaging an attorney with specific experience in sexual assault cases, such as those at James Colgan's Law Office, is crucial for navigating the complexities of such serious allegations.

How is consent defined and what factors can negate consent under Colorado sexual assault law?

Under Colorado law, consent must be voluntary, knowing, and given by a person with sufficient mental capacity, and it can be withdrawn at any time. Consent is negated if the victim is incapacitated (due to alcohol, drugs, mental impairment, unconsciousness), if force or threat is used, or if the accused misrepresents material facts (e.g., impersonation). Also, consent cannot be legally given by minors, so age plays a crucial role. Additionally, situations where a person is under the authority (like teacher/student, guardian/ward) may complicate what counts as valid consent. Because consent is often at the center of sexual assault cases, evidence such as communications, witness testimony, and context are heavily scrutinized. An attorney can assess all these factors in your case and challenge or support claims about consent.

What are the legal consequences of a sexual assault conviction beyond jail or prison time?

Besides incarceration, many other serious consequences follow a sexual assault conviction. For example, one may face mandatory sex offender registration, which carries stigma and restrictions long after serving sentence. There can also be fines, court‐ordered restitution, probation or parole, mandatory counseling or therapy, and loss of certain civil rights (such as voting or owning weapons in some situations). Employment and housing opportunities often suffer, and in many professions, a conviction may lead to licensing or credentialing issues. Immigration status can also be impacted for noncitizens. Additionally, even after the sentence is finished, the record may follow you—unless you are eligible for sealing or expunging, which depends on offense, time passed, and legal criteria.

Can evidence obtained in violation of my rights (like an unlawful search or coerced confession) be suppressed in a sexual assault case?

Yes, evidence obtained in violation of constitutional or statutory rights may be suppressed, meaning it cannot be used at trial. For example, if law enforcement conducted an unlawful search without a valid warrant or probable cause, or if a suspect’s confession was coerced or taken without proper Miranda warnings, those may be grounds for suppression. Any suppression motion must be raised before trial, typically in a pretrial motion. The result of suppression can sometimes severely weaken the prosecution’s case, possibly leading to reduced charges or dismissal. A seasoned criminal defense attorney will identify potential violations, gather facts, and file the proper motions to protect your rights. It’s essential to consult legal help early, because these issues often must be preserved in the record.

Can a sexual assault defense lawyer help me avoid sex offender registration?

A sexual assault defense lawyer can significantly aid in efforts to avoid sex offender registration. We can negotiate with prosecutors to either reduce the charges to those that do not require registration or dismiss them entirely. If the case goes to trial, a robust defense could lead to an acquittal, thus preventing any need for registration. Additionally, we can explore plea bargains that exclude registration requirements as part of the agreement. This specialized legal support is crucial for navigating the complexities of sexual assault allegations and minimizing our long-term impacts. For expert legal assistance, reach out to us.

Additional Information in Northglenn, Colorado

Center for Disease Control and Prevention - About Sexual Violence: It emphasizes the serious and far-reaching effects that sexual violence has on individuals' health, opportunities, and well-being, advocating for a public health approach that involves cooperation across multiple sectors including education, justice, and social services to implement effective prevention strategies.The page also offers resources that can be extremely helpful for those involved in a sexual assault case in Colorado or elsewhere. It includes links to programs and interventions that aim to educate and prevent sexual violence, like bystander intervention training and programs targeting specific groups such as adolescents and college students. Furthermore, it discusses the role of societal norms and behaviors in perpetuating sexual violence and how these can be challenged and changed.

Colorado Judicial Branch - Unlawful Sexual Behavior: Detailed jury instructions for various charges of unlawful sexual behavior under Colorado law, including numerous categories and conditions of sexual assault and unlawful sexual contact. It defines legal standards for convictions, explaining elements like consent, the physical and mental state of the victim, and the perpetrator's actions. This comprehensive breakdown can significantly aid in understanding the legal framework for handling a sexual assault case in Colorado, offering insights into potential defenses and prosecutorial requirements necessary for conviction. For anyone involved in a sexual assault legal process, this document is a crucial guide to the intricacies of the law and trial procedures in such cases.

Colorado Coalition Against Sexual Assault (CCASA): The organization offers programs, policy advocacy, and training to strengthen Colorado's response to sexual assault while also providing support for survivors. Notable aspects of CCASA's offerings include detailed resources on understanding sexual offenses and their legal consequences, as well as guidance on avoiding unauthorized practice of law for advocates working with survivors.For someone dealing with a sexual assault case in Colorado, CCASA can be a crucial ally. Their detailed explanations of sexual offenses and statutory consequences can help survivors and their advocates understand the legal landscape and prepare for the judicial process. Additionally, their resources on best practices in advocacy ensure that survivors receive informed and lawful support, which can be particularly empowering during such challenging times.

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