Sexual Assault Attorney in Denver

Being convicted of a sexual assault charge can present a variety of life-changing consequences that negatively impact your future. Being charged with sexual assault is a serious matter that can have lifelong consequences, including imprisonment and mandatory registration as a sex offender. The weight of these charges can be overwhelming, and your future depends on a strong legal defense. If you have been accused of sexual assault, you need a confident and experienced defense team by your side.

Albani Law understands that false allegations of sexual assault can occur, and we are dedicated to protecting the rights of the accused. False accusations can destroy lives, reputations, and futures, which is why we fight aggressively to ensure our clients receive a fair defense. We take a comprehensive approach to each case, thoroughly investigating all details to build a solid defense and expose any inconsistencies in the prosecution's claims.

In some cases, sexual assault charges are tied to domestic violence, adding another layer of complexity to the case. These situations require careful legal strategy to navigate both the criminal charges and the underlying personal dynamics involved. If drugs or alcohol were involved during the incident, the charges could be even more complicated, leading to additional penalties. Albani Law has experience handling these multifaceted cases and understands how to address the challenges they present.

The legal process for defending against sexual assault charges can be lengthy and complex, requiring a skilled attorney to guide you through each step. The legal process for defending against sexual assault charges can be lengthy and complex, requiring an experienced attorney to guide you through each step. Don’t wait—contact us today to schedule a free consultation before it’s too late. Let us help you protect your future and defend your rights.

What Constitutes Sexual Assault

In the state of Colorado, sexual assault includes a wide range of sexual acts perpetrated against another individual without consent. Colorado law classifies sexual assault into two different categories: Unlawful Sexual Contact and Sexual Assault. 

Unlawful Sexual Contact

In the context of child abuse, unlawful sexual contact differs from sexual assault in that it does not involve penetration, which is required for a sexual assault charge. However, it still involves knowingly and inappropriately touching a child without their consent for the purpose of sexual arousal, constituting a serious violation of the child's rights and safety. This form of abuse can have lasting emotional and psychological effects on the child, even if it does not meet the legal criteria for sexual assault. It can apply to victims who are forced to touch the perpetrator privately. Colorado defines a person’s intimate parts as their genitalia, buttocks, or breasts. 

Unlawful sexual contact can result in either a felony or a misdemeanor. Felony unlawful sexual contact involves the use of force, threats or coercion. It will also be considered a felony if the victim is physically or mentally incapacitated. This crime is charged as either a Class 4 or Class 6 felony and can result in up to 6 years in prison. The perpetrator may also be required to register as a sex offender. 

A misdemeanor unlawful sexual contact charge will occur if there is no use of force, threats, or intimidation. The penalties for a misdemeanor charge of this caliber could result in fines, probation, or up to 18 months in jail. 

Sexual Assault

Sexual assault is generally a much more severe charge than unlawful sexual contact. Sexual assault involves any amount of penetration without consent from the other person. Similarly, it can also include forcing the victim to penetrate another person or themselves. 
 
Sexual assault typically involves the use of force, threats, and intimidation. It may also include the perpetrator taking advantage of a victim who is physically incapacitated (drugged or unconscious). 
 
There are also different types of sexual assault in Colorado that each carry their own legal penalties. 
 
  1. First-Degree Sexual Assault: Sexual assault in the first degree typically occurs when the assault causes serious injuries or uses a deadly weapon. If the perpetrator threatens the victim’s life, it will also constitute a first-degree charge. This is a Class 2 felony that can result in anywhere between 8 and 24 years of imprisonment, but could be more severe if aggravating factors are present.
  2. Second-Degree Sexual Assault: Sexual assault in the second degree occurs when the assault includes the use of force and threats. This is typically classified as a Class 3 felony and will result in between 4 and 12 years in prison. 
  3. Sexual Assault on a Child: This charge involves any contact (not just penetration) with a child under the age of 15. This charge will be granted if the perpetrator is at least four years older than the child. This is a Class 4 felony in Colorado. Repeat offenders could see this upgraded to a Class 3 felony if there is a pattern of abuse. 
  4. Aggravated Sexual Assault: This is a Class 2 felony and is typically more violent and threatening than other charges. A conviction for aggravated sexual assault results in longer prison sentences and mandatory registration as a sex offender. 

How Albani Law Can Help

With over 40 years of experience successfully defending against sexual assault cases, Albani Law is widely trusted to protect the rights of those accused. If you have been charged, or are facing a sexual assault charge in the Denver area, it is strongly recommended that you reach out to our firm today to schedule a free consultation. Come see how Albani Law can help you protect your future and defend your rights. 

Frequently Asked Questions

If accused of sexual assault in Denver, immediately refrain from discussing the case with anyone except your lawyer and hire a criminal defense attorney experienced in such matters. Ensure compliance with all legal orders, such as no-contact directives, and preserve any potential evidence like messages or emails. Additionally, consider seeking emotional support from a counselor to help manage the stress of the situation. Our experienced team at Albani Law can guide you through the legal process and help build a strong defense.
In Colorado, sexual assault is considered a felony, with penalties varying based on factors like the use of force and the victim's ability to consent, ranging from 2 to 24 years in prison and fines up to $1,000,000. Aggravated sexual assault, involving serious bodily injury or a deadly weapon, is usually classified as a Class 2 felony, with 8 to 24 years of imprisonment. Sexual assault on a child's penalties depend on the relationship to the victim and the abuse's nature, often resulting in severe imprisonment and mandatory sex offender registration. 

Overall, convictions also necessitate sex offender registration, impacting long-term housing, employment, and social standing. Consulting a knowledgeable sexual assault defense lawyer in Denver can help you understand the specific penalties you might face and how to mitigate them.
A sexual assault defense attorney in Denver can help by crafting a strategic defense, challenging evidence, and ensuring your legal rights are protected throughout the judicial process. We can negotiate plea deals to potentially reduce charges or penalties and guide you through all legal procedures from pre-trial to appeals. Additionally, we provide emotional support and can connect you with counseling services during this challenging time. At Albani Law, we have over 40 years of experience in defending clients against sexual assault charges, ensuring that your rights are protected throughout the process.
Choosing Albani Law for a sexual assault defense could be beneficial due to our specialized expertise and familiarity with these types of cases, ensuring informed and effective legal strategies. We likely have a proven track record of successful defenses, offering reassurance of our capabilities. Additionally, a specialized firm like Albani Law can provide personalized attention and access to essential resources such as expert witnesses and private investigators to strengthen your defense.. If you are facing such charges, reach out to us to discuss how we can assist in safeguarding your future.

Additional Information in Denver, Colorado

Colorado Coalition Against Sexual Assault (CCASA): Supporting survivors of sexual assault, improving laws and policies related to sexual violence, and offering training and resources to professionals in this field. Their website provides information on advocacy services, educational resources, and news updates related to sexual assault prevention and response. For individuals dealing with a sexual assault case, CCASA can be an invaluable resource for finding legal assistance, understanding their rights as survivors, and accessing support services. Additionally, they offer networking opportunities with professionals such as victim advocates and legal experts, which can be instrumental in navigating the complexities of a sexual assault case.
RAINN (Rape, Abuse & Incest National Network) - After Sexual Assault: Comprehensive support and resources for survivors of sexual assault. It offers guidance on immediate steps to take after an assault, such as seeking medical care and how to preserve evidence, which is crucial for any legal proceedings. The site also provides information on understanding survivors' rights and navigating the criminal justice process, helping individuals make informed decisions about their case. Furthermore, RAINN facilitates access to 24/7 confidential support through their National Sexual Assault Hotline, which can assist survivors in coping with emotional trauma and connect them with local services that can help in both recovery and legal advocacy.
You Have the Right - What are my Legal Rights: It provides clear explanations of legal definitions, the rights to privacy and safety, and the process for reporting sexual assault to the police. This resource educates survivors on their entitlements, such as the right to have an advocate present during examinations and interviews, which can empower them to make informed decisions throughout the legal process. By offering guidance on navigating the legal system and understanding their rights, the website can significantly assist survivors in advocating for themselves effectively in a sexual assault case, ensuring they are aware of how to access legal support and protective measures.
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