If you are facing aggravated sex crime accusations in Colorado, you are now facing a potentially lengthy and difficult uphill battle. While this process is arduous because there is often tragic merit behind these allegations, some may be completely false or exaggerated to an extreme. Never underestimate the consequences and potential life-long ramifications of an accusation like this because even without a conviction or legal guidance, you can face devastating repercussions. If you are facing aggravated sex crimes in Colorado, reach out to The Law Office of Richard B. Huttner. You cannot afford to fight these charges alone because your life and freedoms are now on the line.
Sex Crimes and How Aggravating Factors Can Impact a Case
To understand the aggravating factors of sex crimes, it’s vital to understand the definition of sexual assault. Aggravated sexual assault is when there are additional factors that are present in the case. Sex crimes and sexual assault are considered nonconsensual sexual penetration of another person.
Sexual assault includes:
- Forcing a victim to submit without consent
- Engaging in sexual activity with an incapacitated or highly intoxicated victim who cannot provide consent
- Engaging in sexual activity with a victim who falsely believes that the alleged perpetrator is their partner
- Carrying out sexual acts under the pretense of medical treatments or examinations
Aggravated factors are where sexual crimes have additional circumstances that are sufficient enough to raise the severity of the punishments significantly. These factors are recognized as aggravating because they demonstrate a high degree of harm or moral reprehensibility. These factors can significantly impact outcomes in Colorado’s sex crime cases, while multiple aggravating factors can compound the severity of a sentence.
If you are facing aggravated sexual assault crimes, you can be facing lengthy prison terms, high fines, or even mandatory sex offender registration. An experienced criminal defense attorney will be able to guide you through the consequences you may be facing and help preserve and protect your freedoms.
Common Aggravating Factors in Sex Crimes
Sexual assault is a serious criminal charge and aggravated sexual assault can have you facing the consequences for the rest of your life. The importance of a skilled attorney cannot be overstated. Sexual assault is a violation of an individual’s right to personal autonomy and bodily integrity, and when these allegations include aggravating factors, judges are less likely to look at the case with the discretion of leniency.
Aggravating factors in Colorado include:
- The victim’s age: One of the most critical factors in determining harsher sentencing is the age of the victim and the relationship with the perpetrator. If the victim is 14 or younger, the legal system and judges will treat the case with heightened severity and almost always give out more stringent penalties. Another age-related aggravating factor is when the victim is 15 or 16 years old and at least 10 years younger than the perpetrator.
- The relationship of the victim and the defendant: When the perpetrator has a relationship that holds trust or authority over the victim, such as a teacher or coach, then the circumstances of the relationship's power imbalance drive the court to see it as an aggravating factor.
- Use of weapons or violence: Using a weapon or threatening a victim with intimidation tactics demonstrates a higher level of intent, and the courts will use that to determine the severity of the aggravating factor.
- Perpetrator’s history: If the defendant was on parole, probation, or bond at the time of the offense.
These aggravating factors elevate the offense that the defendant is facing and reflect greater moral culpability. Aggravating factors lead to harsher penalties than those typically assigned for the base offense. Disputing allegations of aggravating factors is a key defense strategy for a criminal defense attorney. Challenging the prosecution’s evidence and narrative will be the first step in fighting for your rights in court. With the legal experience and expertise that Richard B. Huttner provides, you can have peace of mind knowing that he has your best interests at heart and will defend your future.
The Consequences of Aggravating Factors
When aggravating factors become present in a sex crimes case, the consequences can include significantly harsher sentences, stricter parole conditions, and more severe legal outcomes for the perpetrator. These factors demonstrate the serious nature of the crimes, and it’s imperative to understand the full extent of the charges you face and how the consequences can impact the rest of your life and the freedoms you may lose.
Penalties for sex crimes and aggravated sex crimes vary by state, but judges reserve their harshest penalties for aggravated sex crimes. The penalty for aggravated sexual assault in Colorado depends on the case and the degree of the assault. Generally speaking, a first-degree assault is when there is a deadly weapon involved.
First-degree sexual assault penalties generally include:
- 16 years to life in prison
- Fines up to $1 million
- Mandatory registration as an offender
Second-degree sexual assault charges don’t involve a deadly weapon, and penalties can include:
- 8 to 24 years imprisonment
- Up to $1 million in fines
- Mandatory registration as an offender
While there are ways to fight against these allegations and charges, having an experienced legal team on your side is vital. It is not uncommon for people to be falsely accused of sexual assault through mischaracterization of consent or misidentification by the victim. Still, these can be difficult to prove without a skilled attorney to help argue your case.
Protecting Your Rights: The Importance of Legal Representation
No matter your situation, if you are facing sexual assault allegations, you need to act fast to get legal representation that you know is highly skilled and will strive to secure the best outcome for your case. When you hire Richard B. Huttner, you get more than just a seasoned advocate on your side; when you call his firm, you get a team of skilled lawyers, investigators, psychologists, and criminal justice experts to collaborate on your case and combat any charges you may face. As a top-rated Denver defense lawyer, attorney Richard B. Huttner knows how damaging false accusations and one-time mistakes can be, and he is ready to stand up and fight for your freedom. Contact The Law Office of Richard B. Huttner to ensure that your side of the story is heard and your rights are protected every step of the way.
