Frisco Sexual Assault Defense Lawyers
Are You in Need of a Sexual Assault Defense Attorney in Frisco, CO?
Has your world suddenly been shattered by sexual assault allegations? Your heart is racing, your mind is spinning, and you're wondering if life will ever feel normal again. Our Frisco, Colorado, sexual assault defense lawyers are here to tell you that you don't have to face this nightmare alone.
While these charges can feel especially devastating, you may think that contacting an attorney means you're guilty. This isn't true. Reaching out for help only means you're smart enough to protect your rights and future during this dark chapter of your life.
Why Choose Us Over Other Frisco, CO, Sexual Assault Defense Lawyers?
- Kylie Whitaker and Ehren Penix served as prosecutors before becoming defense attorneys
- Kylie Whitaker was selected as a Rising Star by Super Lawyers based on peer recognition, professional achievement, and other factors
- We have successfully defended clients against serious felony charges
- We offer 24/7 legal support—because urgent matters can't wait
- We know local courts, the judges, and how prosecutors approach sex crime cases
- Our firm has successfully defended cases in Frisco and surrounding areas
- We hold an A+ rating from the BBB
Whitaker & Penix, LLC: Frisco, Colorado, Sexual Assault Defense Law Firm
If you're feeling trapped about your case, our sexual assault defense lawyers bring insider knowledge that truly makes a difference to the outcome of your case.
Schedule Your Free Consultation with Whitaker & Penix, LLC, Now—Call (970) 368-0602
What To Do After a Sexual Assault Arrest
Getting arrested is always tough. In moments like these, it can feel like the ground just disappeared beneath your feet. But our Frisco criminal defense lawyers have stood beside countless people during their darkest moments and can help you.
Remember that while you're still processing the shock, the prosecution is already building their case. Here's what our Frisco, CO, sexual assault defense attorneys urgently recommend.
Exercise Your Right to Remain Silent: Don't Speak Without a Lawyer Present
Those detectives might seem understanding, even friendly—telling you they "just need to clear a few things up" or "this will go easier if you explain your side." Don't fall for it. Even innocent explanations can become prosecution evidence when taken out of context or misinterpreted.
Avoid Talking about Your Case in Jail
Those jail phones have a recording disclaimer for a reason—everything is monitored there. And that sympathetic cellmate who's "been through something similar" might be sharing your confidential details with prosecutors in exchange for leniency in their own case.
Document Everything You Remember Now
Your memory of events will never be fresher than it is today. Write down everything you recall about the incident, the arrest, and any police interactions—dates, times, locations, and names of anyone else who was present and might support your side of the story.
Contact Whitaker & Penix, LLC, for Help
Every passing hour gives witnesses time to forget crucial details and evidence time to disappear. Don't wait another minute to get protection for your rights and future. Call Whitaker & Penix, LLC, today and speak directly to an attorney who knows exactly how local prosecutors build their cases against people just like you.
How Is Sexual Assault Categorized in Colorado?
Our sexual assault defense lawyers know that prosecutors often push for the highest possible classification of charges. That's why we work tirelessly to challenge inappropriate charge elevations and fight for fair treatment.
Colorado law categorizes sexual assault into several levels of severity, with penalties that increase dramatically based on specific circumstances. Whatever the circumstances of your case, we can carefully analyze your case to identify potential defenses based on the specific category of charges you're facing.
Sexual Assault Without Force or Injury
You might face these charges if someone claims you engaged in sexual contact without their consent, even without physical violence. These allegations often arise from misunderstandings between parties, especially in dating relationships or situations involving alcohol.
Sexual Assault by Force or Drugging or Serious Threats
These more serious charges could apply if you're accused of using physical force, making threats, or if the alleged victim claims they were impaired by substances. Even if you shared drinks consensually before intimacy, prosecutors may claim you intentionally impaired the other person.
Sexual Assault by Gang Rape or That Causes Serious Bodily Injury
These severe allegations might arise if multiple people were present during an incident or if the alleged victim claims they suffered significant injuries. College parties, group outings, or incidents with multiple witnesses can sometimes lead to these devastating charges.
Sexual Assault with a Deadly Weapon
You could face the gravest charges if any object that could cause harm was present during the alleged incident. Further, prosecutors can argue that everyday items were "deadly weapons" if they believe these items were used to intimidate.
What Are the Legal Penalties of a Sexual Assault Conviction?
If you're wondering what's at stake if you're convicted, we've seen how these convictions can devastate lives, which is why we fight so aggressively for our clients.
Legal Penalties
Sexual assault convictions carry varying penalties depending on the charge classification:
- Class 1 misdemeanor: 6-24 months in county jail and fines up to $5,000
- Class 4 felony: 2-6 years in state prison and fines up to $500,000
- Class 3 felony: 4-12 years in state prison and fines up to $750,000
- Class 2 felony: 8-24 years in state prison and fines up to $1,000,000
Additionally, indeterminate sentencing may apply in many sexual assault cases, meaning you could face incarceration for an indefinite period—potentially for life—until authorities determine you're "rehabilitated."
Life Consequences
The impact of a sexual assault conviction extends far beyond legal penalties, affecting virtually every aspect of your life.
- Permanent damage to reputation and standing in the Frisco community
- Loss of professional licenses and career opportunities
- Housing restrictions and difficulties securing rentals
- Travel limitations and border crossing issues
- Custody and visitation restrictions with your own children
- Lifelong stigma that follows you even after completing all sentencing requirements
The Legal Process for Frisco, CO, Sexual Assault Cases
That first phone call from the police or that knock on your door probably turned your world upside down in an instant. Your mind might be racing with questions after being charged. Our Frisco violent crime defense lawyers understand that feeling of panic when facing the unknown. Here's what you can expect.
Investigation of Criminal Activity
When the police first contact you, they're gathering everything they can—talking to the person who made the accusation, collecting potential evidence, and interviewing people who might have seen something. These early interactions matter more than you might think.
Determining Probable Cause
Behind closed doors, investigators are showing everything they've collected to the District Attorney's office. They're deciding if there's enough evidence to formally charge you.
Arrest
This is often the most jarring part—being handcuffed, perhaps with neighbors watching, and taken to the local detention facility. Remember, an arrest is one step in a long process, not a conviction.
Arraignment
This is your first day in court, where the judge formally tells you what you're charged with and asks for your plea. The courtroom might feel intimidating with its formal procedures, but this is just the beginning. Often, these hearings move quickly, lasting less than 15 minutes.
Bail
Can you go home while fighting your case? That's what this hearing determines. The judge weighs several factors, such as if you have ties to the community, if this is your first offense, and the severity of the charges. For sexual assault cases in our community, bail amounts vary widely.
Preliminary Hearing
This is basically your first real chance to challenge the charges. The prosecution presents their key evidence, and your lawyer gets to poke holes in their case. The judge isn't deciding if you're guilty—just if there's enough evidence to move forward.
Trial
People fear facing a jury of strangers who will decide their fate. The prosecution presents their version of events, followed by your defense. For sexual assault trials in Frisco, this process typically spans several emotional days.
Sentencing
If convicted, you'll return to court feeling another level of anxiety. The judge considers Colorado's sentencing guidelines, the specific charges, your background, and statements from all parties. In sexual assault cases, penalties often include prison time measured in years or decades, substantial fines, mandatory treatment programs, and sex offender registration.
Outcome of Charges
Not every case follows the same path to conclusion. Yours might be dismissed if evidence was improperly collected. You might be offered a plea agreement to lesser charges. Or if your case goes to trial, the jury might find you not guilty, guilty of some charges but not others, or guilty across the board.
Appeals
If you're convicted, there might still be options. For example, legal errors might have occurred during your trial. Moreover, evidence could have been wrongly admitted, or the jury could have received incorrect instructions. The appeals process examines these legal mistakes rather than retrying the facts.
Do Not Wait Until an Arrest to Seek Legal Counsel
If you're worried about a sexual assault investigation, we understand how frightening this situation can be for you and your family. Many people don't realize that talking to a sexual assault defense attorney early can make all the difference. When we work with clients from the beginning, we can protect their rights before any damage is done.
Don't be that client who wishes they would have called us sooner. Without early legal help, crucial evidence may vanish, and prosecutors may gain valuable time to build their case against you.
Let's Discuss Your Defense Options Today: Call (970) 368-0602 for a Free Consultation
Possible Defenses to Sexual Assault Charges
Our defense lawyers know where to find cracks in the prosecution's case. When you are facing charges, you need an attorney who can analyze every detail with the goal of creating reasonable doubt that protects your freedom and future.
False Accusation or Mistaken Identity
If someone has wrongly accused you out of revenge, jealousy, or confusion, we meticulously investigate the accuser's motivation and examine alibis, electronic records, and witness testimony to prove you weren't involved or were misidentified.
Consent
If there was a misunderstanding about consent that led to these accusations, we carefully review communications before and after the alleged incident, relationship history, and witness accounts that might demonstrate mutual consent was present.
Lack of Evidence
If the prosecution's case was built on shaky ground, we scrutinize every piece of evidence, challenging inconclusive DNA results, questioning inconsistent statements, and highlighting the absence of physical evidence needed to prove guilt beyond reasonable doubt.
Fabricated or Misunderstood Allegations
If the accusations could have stemmed from regret, family pressure, or misinterpreted signals, we examine inconsistencies in the accuser's story, the timing of the report, and any communications that contradict their claims about what actually happened.
Inability to Prove the Elements of Sexual Assault
If the prosecution can actually prove every required element of the charge, we force the state to prove each specific component of sexual assault under Colorado law, exposing gaps in their evidence that fail to satisfy the strict legal requirements.
How a Frisco, CO, Sexual Assault Defense Lawyer Can Help
Our defense lawyers have stood on both sides of the courtroom. Having worked as prosecutors, we know exactly how they build their cases against people just like you. We can use this insider perspective to protect what matters most—your freedom and future.
Thorough Independent Investigation
Who's searching for evidence that helps your side of the story? Certainly not the police—they're building a case against you, not for you. We track down witnesses they conveniently missed, review texts or social media they ignored, and find surveillance footage that might support your account.
Strategic Case Analysis and Planning
We analyze how the prosecution will approach your specific case, identify their weak points, and develop counter-strategies that create reasonable doubt. If they're overcharging you in hopes that you'll plead to something lesser, we can spot that tactic a mile away.
Aggressive Evidence Challenges
If the police searched your home or car without proper consent or the accuser's statement was taken under questionable circumstances, we file tactical motions to suppress evidence that was improperly obtained or is more prejudicial than probative. Remember, keeping damaging evidence out of court can be just as powerful as presenting helpful evidence.
Skilled Negotiation with Prosecutors
Having sat at the prosecution table ourselves, we understand their pressures, priorities, and perspectives. Sometimes, the smartest move isn't fighting every battle—it's knowing which deals actually benefit you. That's why we focus on negotiation strategies that address your biggest concerns, not just quick resolutions.
Powerful Courtroom Representation
If your case heads to trial, how will twelve strangers hear your story? We transform complex legal arguments into relatable narratives that jurors understand and remember when deliberating. We help humanize you so jurors see beyond the accusations to the full context and reasonable doubts in the case.
What Some of Our Clients Are Saying About Us
"Hard Worker . . . Very Trustworthy" - Kevin Sauer (5-Star Google Review)
Mr. Penix is a hard worker and is very trustworthy. He also has several years of experience, both as a prosecutor and defense attorney.
"Knows the System" - Eric Schwartz (5-Star Google Review)
Kylie was very professional and very personable. Listened to all I had to say, understood her audience, and knows the system. She kept me informed every step, and was available when needed. Strongly suggest working with her and her team!
"Highly Recommend Whitaker & Penix, LLC" - Austin Pierce (5-Star Google Review)
Whitaker & Penix, LLC, was very helpful to me. Kylie is friendly and professional. She was able to answer all of my questions with quick response. I would highly recommend Whitaker & Penix, LLC, to anyone in need of an attorney.
Other Locations We Serve in Colorado
Don't Give Prosecutors a Chance—Defend Your Future Now
Seeking legal help isn't an admission of guilt. Actually, it's the smartest step you can take to protect everything you have on the line. Our sexual assault defense law firm in Frisco, CO, has helped countless clients just like you transform seemingly hopeless situations into second chances. Call us today at (970) 368-0602 for a free consultation—we'll work tirelessly to help.
Frequently Asked Questions
When Should I Hire a Frisco, Colorado, Sexual Assault Attorney?
Ideally, you should hire an attorney as soon as you become aware of an investigation and even before formal charges. If the police contacted you or left messages asking to talk, it's time to contact an attorney. Early intervention allows your attorney to protect your rights during questioning, prevent you from making damaging statements, preserve favorable evidence before it disappears, and potentially even prevent charges from being filed.
What Should I Ask When Hiring a Lawyer?
When meeting a potential lawyer, ask about their specific experience with sexual assault cases, how many similar cases they have handled, what percentage went to trial versus settlement, their familiarity with local judges and prosecutors handling your case, their defense strategy, and their availability.
How Can a Sexual Assault Defense Attorney in Colorado Help Me?
A sexual assault defense attorney helps prevent self-incrimination during police questioning. They also conduct independent investigations to uncover exculpatory evidence and identify procedural violations and improper evidence collection. They work to challenge witness credibility, negotiate with prosecutors from a position of strength, and present compelling alternative narratives at trial.
Do I Need a Sexual Assault Lawyer if I Think I'm Guilty?
Even if you believe you may have crossed a line, the specific charges and potential penalties can vary dramatically based on legal details and how your case is presented. The word "guilty" that's used in casual conversations isn't the same as "guilty beyond reasonable doubt" in legal terms. That's not to mention that without representation, you risk facing maximum penalties when alternatives might exist.
Can I Go to Jail for Sexual Assault?
Serving time behind bars is a very common consequence of a sexual assault conviction in Colorado, but the severity depends on the specific charges. With so much at stake, consider hiring an experienced Frisco sex crime defense attorney if you truly want to protect your freedom and future.