What Are the Aggravating Factors Associated with Sex Crimes?
Understanding the aggravating factors in Colorado sex crimes is crucial for anyone facing such charges. The circumstances surrounding a sex crime can significantly influence the severity of the penalties, including lengthened prison terms, increased fines, or other stringent penalties.
Common aggravating factors include the victim’s age, the involvement of additional perpetrators, the use of deadly weapons, and the defendant’s prior criminal history.
What Are “Aggravating Factors” in Colorado Sex Crimes Cases?
Aggravating factors in the context of Colorado sex crimes are specific circumstances or elements that increase the severity or culpability of the criminal act. Legally, these factors are recognized because they demonstrate a higher degree of harm or moral reprehensibility.
Common examples of aggravating factors in Colorado sex crimes include:
- The Victim’s Age: The age and relationship of the victim are some of the most critical aggravating factors in Colorado sex crime cases. If the victim is under 14 years old, the legal system views the crime with heightened severity, often resulting in more stringent penalties. If the victim is 15 or 16 years old and the perpetrator is at least 10 years older than the victim, this can also lead to harsher sentencing.
- The Relationship Between the Defendant and the Victim: The relationship can be considered an aggravating factor if the defendant holds a position of trust or authority — such as a teacher or coach — over the victim. These circumstances underscore the serious nature of the crime and can significantly impact the legal outcomes.
- Use of Weapons or Violence: When a deadly weapon is used to intimidate or harm the victim, it demonstrates a higher level of threat and intent, which the courts consider when determining penalties. This can include firearms, knives, or any other object used to cause fear or injury.
- Criminal History: If the defendant has a history of violent crime, this past behavior can lead to more severe penalties, including extended prison terms, larger fines, and more stringent conditions post-release.
- Context: If the defendant was on parole, probation, or bond at the time of the offense or if they were serving time for another felony, these circumstances are considered highly aggravating.
- Physical Violence Resulting in Serious Bodily Injury: Such actions elevate the perceived danger of the offense and reflect a greater degree of moral culpability.
How Aggravating Factors Impact Sentencing for Sex Crimes in Colorado
The presence of aggravating factors significantly impacts sentencing outcomes in Colorado sex crime cases. As mentioned previously, they can lead to much harsher penalties than those typically assigned for the base offense. For example, a crime involving a young victim or the use of a deadly weapon might result in mandatory minimum sentences that are substantially longer than those for similar crimes without these factors. Judges often have less discretion to impose lenient sentences when aggravating factors are present.
Further, the combination of multiple aggravating factors can compound the severity of the sentence. This includes longer prison terms, higher fines, and additional punitive measures like mandatory sex offender registration.
Common Legal Defense Strategies in Summit County Sex Crimes Cases
Disputing allegations of aggravating factors is a key defense strategy in sex crime cases. This approach involves challenging the prosecution’s evidence and narrative regarding the aggravating elements. If the prosecution claims that a deadly weapon was used, the defense can question the credibility and reliability of witnesses or present alternative evidence to refute this claim.
If the victim’s age is cited as an aggravating factor, the defense might scrutinize the accuracy of age-related documentation or argue that the defendant was unaware of the victim’s age. Another tactic could involve demonstrating that the defendant did not have a prior criminal history or that previous convictions are not relevant to the current case.
Presenting mitigating evidence is another effective strategy for countering aggravating factors in sex crime cases. Mitigating evidence aims to provide context or explanations that can lessen the perceived severity of the crime. For example, demonstrating that the defendant has shown genuine remorse or has taken steps toward rehabilitation can influence the court’s view. Character witnesses can also testify to the defendant’s good behavior and contributions to the community, providing a more balanced perspective.
Call Our Breckenridge Attorneys for Defenses Against Sex Crime Charges
At Whitaker & Penix, LLC, our Summit County defense attorneys have years of criminal law experience, and we have close ties to the local court system in Breckenridge. Attorneys Kylie Whitaker and Ehren Penix can employ a variety of legal strategies to get the charges against you dismissed or reduced.
Whitaker & Penix, LLC, has an A+ rating from the Colorado Better Business Bureau, and Kylie Whitaker was selected as a Colorado Rising Star by Super Lawyers.
Call one of our sex crime defense lawyers in Breckenridge at (970) 368-0602 to schedule a FREE consultation today.