Sexual assault carries serious penalties in Colorado. The law divides these crimes into sexual assault, which involves penetration or sexual intrusion on a person who does not consent or is incapable of providing consent, and unlawful sexual contact, which involves touching another person’s intimate body parts directly or through clothing for the purpose of sexual arousal without consent. Unlawful sexual contact is a class 4 felony, while penalties for sexual assault charges in Denver vary in their severity depending on the circumstances of the crime. Here is a look at the different potential penalties for sexual assault charges.
Class 2 Felony Charges
Class 2 felony sexual assault charges are the most serious. If convicted, defendants face between 16 and 48 years in prison, as well as a fine of between $5,000 and $1 million. After release, there is five years of mandatory parole. To reach the level of class 2 felony charges, the crime usually must include one of these factors:
- The defendant was assisted by someone else in committing the crime.
- The victim was seriously harmed physically.
- The defendant carried a deadly weapon during the assault.
The penalties for class 2 felony sexual assault are doubled from the usual class 2 felony sentencing lengths because sexual assault is considered to be a crime of violence in Colorado.
Class 3 Felony Charges
For class 3 felony charges, the potential sentence is between eight and 24 years in prison, coupled with a fine of $3,000 to $750,000. Five years of mandatory role is also required. These are the circumstances that are typically associated with class 3 felony sexual assault charges:
- The victim is physically disabled.
- The defendant used violence to commit the assault.
- The defendant used threats of death, pain, violence, or kidnapping during the crime of threats to commit those acts against anyone after the crime.
- The defendant used a date rape drug in the commission of the crime.
Class 4 Felony Charges
Class 4 felony sexual assault charges involve crimes that do not include any of the factors that characterize class 3 and 4 felonies. These crimes are punishable by four to 12 years in prison, fines between $2,000 and $500,000, and three years of mandatory parole after release.