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Grand Junction Rape Defense Attorneys



Charged With Sexual Assault in Grand Junction?

Sexual assault is one of the most damaging and serious charges a defendant can face in Colorado. Being accused of violating another person’s body can destroy your reputation even before your trial is completed, but a conviction comes with up to a decade in prison, thousands of dollars in fines, and being labeled a sex offender.

If you or someone you love has been arrested for sexual assault in Grand Junction, reach out to Peters & Nolan, LLC, immediately to speak to our criminal defense team. Our Grand Junction sex crime defense attorneys can utilize decades of experience and an in-depth understanding of Colorado’s laws to advocate in your best interests. As trial attorneys, we have significant experience defending clients in courtrooms and fighting for the best possible results. Call us at (970) 243-4357 to discuss your case in a free, confidential consultation.

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Colorado’s Sexual Assault Laws

Rape, or sexual assault, is a serious crime under Colorado state law. According to Colorado Revised Statute 18-3-402, sexual assault is defined as a forced or nonconsensual act of sexual penetration, including cases involving intoxication, unconsciousness, and the use of force. This definition only applies to penetrative acts – either vaginal, oral, or anal – while sexual contact applies to unwanted and nonconsensual touching, such as groping.

A defendant can only be charged with rape when he knowingly commit a nonconsensual act of penetration. Consent can only be given freely and willingly by individuals who are 17 or older, and any sexual penetration involving someone younger than 17 is treated as sexual assault, with the exception of the Romeo and Juliet Law.

In order to convict you of sexual assault, the prosecution must show that:

  • The victim did not willingly give consent, either due to being physically unable to, being inebriated, or being mentally incapable of giving consent;
  • You were aware that you had not received the victim’s consent or that the victim was unable to give consent; and
  • You engaged in sexual penetration of the victim.

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Penalties for Rape

Colorado courts can issue several penalties depending on the nature of the crime, if force or drugs were used, the age of the victim, the age difference between the defendant and the victim, and if the victim suffered an injury.

When there is no force, the victim was not injured, and the victim was at least 17 years old, rape is a Class 4 Felony that can result in two to eight years in state prison, $2,000 to $500,000 in fines, felony probation, and being required to register as a sex offender.

When force or drugs are involved, this charge is elevated to a Class 3 Felony, which comes with four to 16 years in state prison, a maximum fine of $750,000, felony probation, and registration as a sex offender.

If the charge involved serious bodily injury, the defendant appeared to be armed with a deadly weapon, or there were multiple participants who penetrated the victim, sexual assault becomes a Class 2 Felony, which can lead to eight to 24 years in state prison, a maximum fine of $1,000,000, felony probation, and registration as a sex offender. However, if there was a deadly weapon involved, then it is considered a violent crime and comes with an enhanced sentence of 16 years to life in prison in addition to the other penalties.

Depending on the age of the victim, the defendant may face statutory rape charges, which can result in six months in county jail or eight years in state prison. Defendants can also face other enhancements if the they had authority over the victim, such as a medical facility workers, mental health facility workers, or workers who were involved in a testing or examination scenario.

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Defending Against Sexual Assault Charges

Defeating a sexual assault charge will come down to the specific nature of your arrest and the facts of the case. Our legal team can go over the evidence against you to determine the best strategy to have your charges reduced or dismissed. Some defenses we can utilize include:

  • There was no sexual penetration.
  • The act was consensual.
  • You were falsely accused due to mistaken identity.
  • There is a lack of evidence against you.
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    Work With an Experienced Criminal Defense Team

    Our Grand Junction criminal defense lawyers at Peters & Nolan, LLC, have spent decades defending clients in challenging criminal cases, including sexual assault. We have the expertise to achieve positive case results and can provide you with strong legal representation. If you have been charged with sexual assault in Grand Junction, call us today at (970) 243-4357 to schedule a free, confidential consultation.

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    Contact us today for a Free Consultation

    Call Peters & Nolan, LLC at 970-243-4357 or contact us online today to schedule your free consultation.

    About Us

    Peters & Nolan, LLC is your ideal source for high quality legal representation throughout the state of Colorado. Known for being personable and responsive, attorneys Andrew J. Peters and Andrew Nolan are aggressive trial lawyers with an excellent record of trying and settling cases in criminal defense, DUI/DWAI and personal injury.

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