Sexual Assault Attorney in Fort Collins
Serious Representation for Serious Charges
Being charged with a sexual offense is very serious in the State of Colorado. You must have a well-trained, skilled trial attorney for such a case. Juries are most often biased in favor of the alleged victim, especially if the alleged victim in your case is a child. If the sex offense that you are charged with is a third- or fourth-degree felony, that is an "F3" or "F4," then the offense most likely carries a "to life" sentence. This means that someone at the Department of Corrections, and not a judge, will decide if you remain in prison for life.
If you have been charged with sexual assault, contact the Law Office of Kevin R. Churchill as soon as possible. This Fort Collins sexual assault lawyer is ready to listen to your side of the story and help you build a strategic case to protect your rights and prove your innocence. Attorney Kevin Churchill has over 21 years of experience and a proven record of successful results.
Call (970) 238-2982 today for a free consultation with an experienced criminal defense attorney.
Life Sentences for Sex Offenses
Sex offenses are the only type of offenses in Colorado that allow the judge to give a sentence with no defined endpoint, called “indeterminate” sentences. An example would be “two years to life.” Even though such a sentence allows the defendant the possibility of being released on parole in two years, there is little chance he will ever be released. These types of sentences can be given for sex offenses at the Fourth Degree Felony level or higher.
The Demanding Nature of Probation for Sex Offenses
The probation for sex offenses is quite demanding, and the consequences of violating your probation tend to be extremely serious. You may be given supervised probation for life, lifetime therapy, and lifetime registration as a sex offender. You may lose your career and suffer a great deal of humiliation in the process. Any criminal defense lawyer will agree that the demands placed on the defendant are outrageous, and that sex offense probation unfairly sets the client up for failure. Unfortunately, this probation is not structured toward the rehabilitation, but rather the "containment" of the person.
Required Testing for Sex Offenders
If you are convicted of or plead guilty to a sex offense, you will be required to submit to a pre-sentence evaluation, which will also include a "sex offense specific evaluation." You may be required to perform a penile plethysmograph examination, or "PPG," in which a device is connected to the man's penis in order to detect whether there is any arousal. (There's also a device like this for women). During this examination, the person is shown photographs and their level of arousal is monitored. The pictures shown may be stimulating to people who are considered "normal," but because you are considered to be a sex offender, any response may be considered a failure.
Lie detector tests will also be used. If the test determines that your answers are "inconclusive" this will be considered a failure of the test, and the judge could sentence you to prison. You must admit to doing a crime when you are in treatment, and aggressively participate in your treatment, or you may be sent to prison.
Knowing When to Accept a Plea Bargain
Not everyone who is charged with sexual assault goes to court. Many cases come to an end when the defendant accepts a plea bargain. A plea bargain is an offer made by the prosecution of reduced sentencing in exchange for a guilty plea. Accepting a plea deal is usually the best decision when the evidence against the accused is strong. However, this decision should always be made with great care. Pleading guilty to a lesser sentence still results in a conviction, which can impact your life in several ways. For example, you will still be required to register as a sexual offender.
At the Law Office of Kevin R. Churchill, Mr. Churchill can help you determine if accepting a plea offer is right for your situation. He is prepared to take the time to thoroughly investigate your case, whether you go to trial or not, so that you have the most bargaining power possible when dealing with the prosecutor.
This Fort Collins sexual assault lawyer brings the experience and skill that you need to successfully confront your sexual assault case. Contact the Law Office of Kevin R. Churchill to begin building your defense.