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"The Highest Rate Of Acquittals and Dismissals"
— Equal Justice Foundation
"The Highest Rate Of Acquittals and Dismissals"
— Equal Justice Foundation
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  4.  » Sex Assault

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 attorney on your side with extensive knowledge and experience in sex assault cases. When charged with sexual assault or other sex offenses, you can rely on me, Elaine Lukic. I have 20 years of legal experience dedicated exclusively to criminal law, including misdemeanor and felony sex offenses. 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. This includes accusations of internet luring, child pornography, sexual assault, rape, sexual assault of a child and other crimes.

Indeterminate Sentencing

Most unlawful sexual contact statutes automatically include mandatory sentencing provisions typically categorized as indeterminate sentencing. Regardless of what a district attorney or court would prefer to do, this term means that the jail sentence imposed is not discretionary with the court; it is already dictated within the statute by the legislature and can’t be modified.

If you aren’t dealing with an experienced sex crimes attorney who understands what indeterminate sentencing actually means, you are about to make the biggest mistake of your life.

Indeterminate sentencing means that you are automatically sentenced to Department of Corrections, not county jail or community corrections, and the Parole Board will periodically review your sentence to decide whether or not to allow you to leave on parole. Understand this: NO PAROLE BOARD HAS EVER GRANTED PAROLE TO A DEFENDANT CONVICTED UNDER A STATUTE IMPOSING INDETERMINATE SENTENCING. Indeterminate sentencing often means life in prison without parole.

For example, in a case where the original charges include 65 counts of unlawful sexual contact/position of trust, an inexperienced attorney may recommend that you accept a reduced plea offer of one count of unlawful sexual contact/position of trust and dismiss the remaining 64 counts. THIS MEANS THAT YOU WOULD BE SENTENCED TO JAIL FOR ONE LIFETIME JAIL TERM INSTEAD OF 65. Don’t do it! Talk to an experienced defense attorney about your full range of options and fighting the charges.

Registering As A Sex Offender And Conditions Of Probation

Most unlawful sexual contact statutes, even misdemeanor, automatically include mandatory registration as a sex offender. These conditions cannot be varied or discretionary with any district attorney or court. Regardless of what you may be told, the following conditions WILL be imposed:

  • You must register as a sex offender within five business days after being given notice to register. This means registering with local law enforcement every time you change addresses. This means registering the exact address of where you are staying, including hotels for a week on vacation. If you are told by law enforcement to simply list your mailing or home address and you do it, you are in violation of the statute and will receive another felony charge and violate probation.
  • You cannot have contact with ANY child under the age of 18, even your own. This means you can’t ever go near schools, parks, swimming pools or shopping malls or any other place where children are likely to be. And despite promises often made by district attorneys, you CANNOT remain in your own home with your own minor children.
  • You can’t use any computer, including smartphones. Ever. Including mobile devices necessary for your job.
  • You will have a curfew.
  • You cannot consume alcohol. Ever.

Fight Against Sex Assault Charges

As your lawyer, my goal is to help you avoid indeterminate sentencing, sex offender registry inclusion and parole restrictions completely, ideally by getting a case dismissed. If this is not possible in your case, I will fight vigorously on your behalf for an acquittal and trial.

I have an extensive track record of 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.