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Loveland Sexual Assault Attorney

One of the most serious crimes a person can be charged with in Colorado is sexual assault. This crime carries serious penalties, including a possible life prison sentence. Loveland criminal defense lawyer, Sean P. Harrell, has extensive experience prosecuting and defending cases involving sexual assault. He can review your case, identify weaknesses in the prosecution’s case, and advise you of your options.

If you have been arrested and charged with sexual assault or you believe you are under suspicion, reach out to the Loveland sexual assault attorneys at The Harrell Law Firm, PLLC today. Call us at (970) 791-2006 or reach out to us online.

What Is Sexual Assault in Colorado?

Different states define sexual assault differently. In Colorado, sexual assault does not involve less serious acts of groping or touching intimate parts (but these offenses are covered under unlawful sexual contact crimes). Instead, sexual assault in Colorado is the knowing act of unwanted sexual penetration or intrusion.

Unwanted sexual penetration or intrusion can occur if the alleged victim did any of the following:

  • Said they did not want the sexual act to occur
  • Was drugged by the defendant
  • Was disabled and unable to consent
  • Was physically helpless and the defendant knew this
  • Wrongly believed the defendant was their spouse
  • Was under the age of 15
  • Was 15 or 16 years old while the defendant was at least ten years older than them
  • Only complied because of the threat of force
  • Was incarcerated or in a hospital or other institution where the defendant had supervisory or disciplinary authority over them and used that position to coerce the victim to submit to the sexual act
  • Was receiving medical treatment and the defendant committed the act under the guise of providing care

Potential Penalties for Sexual Assault

The potential penalties that someone can face if they are charged with sexual assault depend on the nature of the crime, the circumstances, and how the crime is classified under the law. Here is a breakdown of the potential penalties in various scenarios:

Classification of Offense Scenarios When Charged Presumptive Penalty Ranges
Class 2 felony
  • The defendant is aided by one or more people
  • The victim suffers serious bodily injury
  • The defendant is armed with a deadly weapon
 Eight years’ imprisonment – up to life imprisonment, up to $1,000,000 in fines
Class 3 felony
  • The defendant uses or threatens force
  • The defendant threatens serious bodily injury, death, kidnapping, or extreme pain in the future to the alleged victim or anyone else
  • The defendant uses a drug or intoxicant to cause submission
 Four to sixteen years’ imprisonment – up to life imprisonment, up to $750,000 in fines
Class 4 felony
  • No use of force
  • Victim does not sustain an injury
 Two to eight years’ imprisonment- up to life imprisonment, up to $500,000 in fines

Sentencing for all three charging levels of sexual assault are indeterminate, but can – depending upon the circumstances – include life imprisonment.  For instance, statutory aggravation can increase the minimum sentencing range.

In addition to the criminal penalties, you can face other life-changing consequences if you are convicted of sexual assault in Loveland, including the termination of your parental rights and the requirement to register as a sex offender.

Possible Defenses to Sexual Assault

There may be various defenses you can raise in your case, including:

  • Consent
  • Missing elements of the crime
  • Mistaken identity
  • False accusations
  • Miscommunication

Contact The Harrell Law Firm, PLLC for Assistance

If you are facing charges of sexual assault or believe you are under suspicion for this crime, do not wait to retain dedicated legal assistance. Contact the Loveland sexual assault attorneys at The Harrell Law Firm, PLLC today to schedule a confidential consultation. Call (970) 791-2006 or contact us online.