Sexual Assault

If you have been accused of sexual assault, you have the right to fight the charges. An experienced attorney can help. At Pearson & Paris, P.C., we have more than 50 years of combined legal experience that we will use in your defense. Perhaps more importantly, our top criminal defense attorney is a former senior prosecutor who knows how district attorneys handle these cases. That knowledge allows us to create effective strategies ranging from negotiation to courtroom battles.

Call us at 303-872-4719 in the Greater Denver area or toll free at 888-725-2609 across Colorado for an initial consultation at reduced rates.

Whether in the Denver area, or anywhere in Colorado, sexual assault generally occurs where a person inflicts sexual intrusion or sexual penetration on a victim without consent, or under circumstances where the victim does not realize what is happening to her.

The offense may be aggravated by the presence of any number of factors such as: (1) the person used a deadly weapon to cause submission; (2) the person has subdued the victim with a drug; or (3) the victim suffers serious bodily injury.

Possible Consequences For Sexual Assault

If convicted of sexual assault, the person is exposed to the Lifetime Supervision of Sex Offenders Act, which imposes an indeterminate sentence with a maximum possible sentence of life imprisonment. A person who is convicted of a class 4 felony sex assault could receive the following sentence: (1) probation of a minimum 10 years to as much as the person's natural life, with a possible jail sentence as a condition of probation of up to 90 days, or up to a two-year work release sentence as a condition of probation, or (2) a sentence to the department of corrections with a bottom range two to six years, but as much as the person's natural life, with a mandatory parole period of three years to life.

In addition to any sentence a person receives for sexual assault, the person must also register as a sex offender.

Possible Defenses For Sexual Assault

Sexual assault charges can be extremely dangerous in the context of college parties or bar situations. Numerous false claims have been filed by women who were intoxicated and then later regretted their decision (usually after being taunted by friends who used derogatory terms). The alleged "victim" is now left with either acknowledging to their taunting friends that they are a "slut," or they can "save face" and claim that they were "taken advantage of." It is important to ensure that all medical evidence is reviewed immediately (if there is any); that all witnesses at the bar or party are contacted and interviewed immediately; that a polygraph be conducted on the accused; and that other individuals be interviewed to determine the alleged victim's propensity for promiscuity and untruthfulness.

The remaining defenses that may be applied in a sexual assault case apply with equal force to those that may apply in any other criminal case. This includes an analysis of any violation of constitutional rights, such as the right to remain silent, the right to counsel, the right to have any searches and seizures based on probable cause, a proper warrant, and the right to due process in the proper preservation of evidence that may be used against you. Many other defenses are available that rely on scrutinizing and exposing weaknesses in the prosecutor's case, such as: biased or incompetent witnesses, flawed crime scene investigation, flawed administration and procedures in collecting breath, blood or urine for forensic testing, incompetent computer evidence, flawed photo lineups and inaccurate crime scene/accident reconstructions.

It is important that you hire a skilled and experienced sexual assault lawyer to defend you in a sexual assault case in Lakewood, Jefferson County or across Colorado.

Call us at 303-872-4719 in the Greater Denver area or toll free across Colorado at 888-725-2609 for an initial consultation at reduced rates.