What is Indeterminate Sentencing?
An indeterminate sentencing structure is one where a sentence for a criminal offense is given as a range. This means that a person convicted faces supervision, via probation or incarceration, for the remainder of their life. A minimum prison term is always given but a release date is left open, for example, “10 years to life in prison.” Colorado’s indeterminate sentencing for sex offenses means that you could be facing up to a life sentence for certain crimes — even if the minimum sentence is two years. Your defense attorney must know what to do on the front end of your case to avoid this harsh outcome later.
Colorado Revised Statute, Section 18-1.3-1001 states:
“The general assembly hereby finds that the majority of persons who commit sex offenses, if incarcerated or supervised without treatment, will continue to present a danger to the public when released from incarceration and supervision… The general assembly therefore declares that a program under which sex offenders may receive treatment and supervision for the rest of their lives, if necessary, is necessary for the safety, health, and welfare of the state.”
Crimes subject to the indeterminate sentencing provisions of C.R.S. Section 18-1.3-1004 (offenses committed on or after November 1, 1998):
- Sexual assault, C.R.S. Section 18-3-402
- Sexual assault in the first degree, C.R.S. Section 18-3-402, as it existed prior to July 1, 2000
- Sexual assault in the second degree, C.R.S. Section 18-3-403, as it existed prior to July 1, 2000
- Felony unlawful sexual contact, C.R.S. Section 18-3-404(2)
- Felony sexual assault in the third degree, C.R.S. Section 18-3-404(2) as it existed prior to July 1, 2000
- Sexual assault on a child, C.R.S. Section 18-3-405
- Sexual assault on a child by one in a position of trust, C.R.S. Section 18-3-405.3
- Aggravated sexual assault on a client by a psychotherapist, C.R.S. Section 18-3-405.5(1)
- Enticement of a child, C.R.S. Section 18-3-305
- Incest, C.R.S. Section 18-6-301
- Aggravated incest, C.R.S. Section 18-6-302
- Patronizing a prostituted child, C.R.S. Section 18-7-406
- Attempt, conspiracy, or solicitation to commit any of these offenses if such attempt, conspiracy, or solicitation would constitute a class 2, 3 or 4 felony.
How Our Sexual Crime Attorneys Can Help You
Our Colorado Springs attorneys are extensively familiar with the Sex Offender Management Board (SOMB) and the Sex Offender Specific Evaluations (SOSE), knowledge which may prove critical if you are convicted or plead guilty. Our sex crime lawyers can explain your rights as they relate to various charges.
We represent clients in sex offense cases, including:
- Sexual assault (rape/attempted rape)
- Unlawful sexual contact (minor or vulnerable adult)
- Sexual assault on a minor by someone in a position of trust
- Enticement of a minor
- Patronizing a prostituted child
- Online solicitation/exploitation of a minor for sex
- Possession or distribution of child pornography
- Incest
- Indecent exposure
- Failure to register as a sex offender
Should I Take a Plea or Go To Trial?
Our sex crimes defense attorneys have won numerous sex offense cases at trial and skillfully negotiated pleas in other cases. The decision to take your chances with a jury or to negotiate a deal with prosecutors is always difficult. Our criminal defense attorneys carefully consider the strengths and weaknesses of the evidence, the potential penalties for conviction, and what we know about the DA and the judge involved in your case. Our sexual offense attorneys can often work something out to avoid or minimize prison. Ultimately, the decision is always yours whether to accept a plea or take your case to trial.
For example, we have represented a married man accused of having sex with his stepdaughter. Although she was 18 and not related by blood, the prosecutors considered it unlawful sexual contact and aggravated incest because of the familial relationship. That case was resolved out of court and without prison time.
Many of our cases involve consensual sex with persons who, by law, cannot consent to sex. For example, we represented a 19-year-old man accused of having sex with a 15-year-old girl who lied about her age. The girl’s sister also vouched that the “victim” was 18. The client was acquitted at trial.
No matter if a plea deal or trial is the best route for your case, you can count on our sex crime lawyers to work to resolve the matter in a way that is most beneficial for you.
Sexual Offense Lawyers
In Colorado, being charged with a sex crime is potentially the most destructive event in one’s life. Sex crimes are some of the most aggressively prosecuted and punished crimes in Colorado. Even a crime based on false accusations can lead to a conviction if the accused does not take immediate action. The serious nature and complexity of a sex crime charge make it even more vital to choose a Colorado Springs criminal defense attorney who specializes in these types of cases.
At the Gasper Law Group, we understand what a sex crime conviction or accusation, can do to your reputation. That’s why our experienced sex crimes defense attorneys handle each case with the highest level of discretion and work to resolve the matter as efficiently as possible.
The Gasper Law Group is a Colorado Springs law firm serving clients in El Paso County, Teller County, Pueblo County, Douglas County, Fremont County, and most of southern Colorado.
Contact our sexual offense lawyers immediately for a free initial consultation.
Set up an initial consultation with our office today. Discuss your case with our Colorado Springs Lawyers at
(719) 212-2448 or complete our contact form.
Colorado Springs Sexual Crime Attorneys
Only a seasoned sexual crime lawyer can provide effective legal representation. Our sex crimes defense attorneys work hard to fashion sentences that avoid indeterminate sentencing, and we will vigorously defend your rights to fair treatment in a system stacked against you.
Contact us today for a free initial consultation.
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