Aggressive Defense Against Sex Assault Charges
Charges of sexual assault, or any other sex crime, can lead to severe consequences if they result in a conviction. Offenders can face life in prison, loss of employment and professional licenses, and inclusion on the sex offender registry. Pleading guilty to a felony or a misdemeanor can, quite literally, destroy your life.
Given What Is At Stake, It Is Vital To Have An Experienced Attorney On Your Side
When charged with sexual assault or other sex offenses, you can rely on attorney Elaine Lukic. With 25 years of legal experience, I am dedicated exclusively to criminal law, including misdemeanor and felony sex offenses. This includes:
- Accusations of internet luring
- Child pornography
- Sexual assault
- Sexual assault of a child
With offices in Lakewood, Colorado, and Summit County, Colorado, I help clients throughout the state who have been charged with unlawful sexual contact and other sex offenses.
You Deserve To Tell Your Side Of The Story
Everyone is entitled to defend themselves in court. I understand that the falsely accused and first-time offenders are often caught off guard and overwhelmed when charges are pressed against them. Simply being charged with a sex crime can sometimes be enough to ruin reputations and derail careers. That is why it is imperative to make sure that the judge hears what you have to say. As a former prosecutor, I know how to appeal to judges and prosecutors. I am tenacious in my pursuit of justice for my clients.
Protecting Your Freedom
In spite of what may look like long odds against overcoming accusations of sex crimes, there are a few standard tactics that can be effective in clearing your name. The first is to challenge the evidence. False accusations often stem from bitter divorces or relationships gone wrong. It is not uncommon for charges to be dropped due to a lack of evidence.
The other common defense tactics involve proving consent and mental incapacity. Questions of consent are often at the center of sex assault charges. While proving that the accuser consented can be very challenging, it typically results in an innocent verdict when successful. If you can prove that the accused’s decision-making ability was affected by mental incapacity, charges are often reduced or dropped altogether.
In Colorado, Minimum Penalties For Sex Offenses Cannot Be Negotiated
Most unlawful sexual contact statutes automatically include mandatory sentencing provisions. Regardless of what a district attorney or court would prefer to do, this term means that the minimum sentence imposed is not at the discretion of the court; it must be carried out as stated by the legislature in the statute and can’t be modified. This means that an experienced criminal defense attorney is critical if you have been charged with a sex offense.
Psychiatric Treatment As A Condition Of Parole
Convicted sex offenders are typically required to undergo a psychiatric evaluation and/or treatment as a condition of parole. The Colorado Sex Offender Management Board (SOMB) has established guidelines for the evaluation, psychiatric treatment and counseling of sex offenders. If the SOMB deems it necessary, a court order is issued outlining the specific person or facility where the treatment/counseling will take place and the required frequency of sessions. Failure to attend court-ordered treatment is a violation of parole and may result in additional penalties.
The Purpose Behind Psychiatric Treatment
The SOMB’s stated goal for treatment is essentially the same as the goal of all treatment; to rehabilitate the sex offender and help them transition back into the general public. Sex offenders usually take part in group therapy. Some of the specific goals of this therapy include:
- Encouraging the parolee to take responsibility for their actions
- Cultivate empathy for their victim
- Teaching social skills
- Learning how to manage the emotions and urges that lead to sex offenses
This therapy also includes polygraph tests for adult sex offenders at least twice a year. Even with successful completion of the therapy before release, the offender may be required to attend additional treatment after release.
Information That You Need About Sexual Assault Defense
Without a doubt, you have a lot of burning questions about the law, the charges against you and how to defend yourself from them. I can answer everything you need to know in plain, direct English. Below, I have answered some of the most common questions that I hear from prospective clients.
Do I need to register as a sex offender in Colorado when moving from out of state?
Yes. If you committed an offense that would have required you to register as a sex offender in Colorado, you must register as a sex offender when relocating from out-of-state.
What is the age of consent in Colorado? Is there a Romeo and Juliet law?
In Colorado, the age at which a minor is legally capable of giving consent is 17. Colorado does have a so called Romeo and Juliet law in which minors who are at least 14 can give consent to have sex if their partner is four years older than them or less.
Fight Against Sex Assault Charges
As your lawyer, my first priority is to get the charges against you dropped. If this is not possible in your case, I will fight vigorously on your behalf for an acquittal and trial. However, if you are found guilty, my goals are to reduce the charges, minimize the penalties, and avoid sex offender registry.
I have a long track record of success in getting both dismissals and acquittals, and I will be a strong advocate for you at every step. Call me directly at 800-478-8859 for a confidential telephone consultation. Or send an online message using the form on this website. I personally and promptly return all messages.