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Crimes Against At-Risk-Adults and Juveniles in Colorado

Learn more about Crimes Against At Risk Adults in Colorado.

Colorado lawmakers have designated crimes against “At Risk Adults” and “At Risk Juveniles” as more serious in Denver, Adams, and El Paso County, and across the state. This is because the elderly and disabled are less able to defend themselves from physical or mental harm as a result of other people’s criminal actions. The severity of punishment for crimes involving these two classes of people are a step above similar crimes against normal people. Let’s take a look at key definitions in Colorado.

At Risk Adult Lawyer in Adams County: What is an At Risk Adult
and At Risk Elder?

Colorado statute 18-6.5-102 defines an At Risk Adult in Adams County as:

“Any person who is seventy years of age or older or any person who is
eighteen years of age or older and is a person with a disability.”

Elsewhere in the statute, the elderly are referred to as At Risk Elders. These are defined as:

“Any person who is seventy years of age or older.”

Crimes against At Risk Adults, and At Risk Elders are treated harsher, because these groups of people are more frail and unable to defend themselves. A person with a disability includes the mentally disabled, blind, deaf, those confined to wheelchairs, amputees, the mute, people unable to breathe without assistance, and many other handicaps.

At Risk Juvenile Lawyer in Arapahoe County: What is an At Risk Juvenile in Colorado?

Under the same statute (C.R.S. 18-6.5-102), At Risk Juveniles are defined in Arapahoe County as:

“Any person under the age of eighteen years and is a person with a disability.”

At Risk Juveniles fall into the same category as At Risk Adults with disabilities, including the mentally disabled, physically handicapped, etc.

Douglas County At Risk Classifications = Aggravated Charges

When a crime is committed against an At Risk person in Douglas County, the level of severity of the crime is raised. Crimes against At Risk Adults and At Risk Juveniles are listed under Colorado statute 18-6.5-103, and are as follows. Click on the link below to learn more about each crime.

Criminal Negligence
against an At Risk Person

“Any person whose conduct amounts to criminal negligence, as defined in section 18-1-501 (3), commits:
– A class 4 felony if such negligence results in the death of an at-risk adult or an at-risk juvenile;
– A class 5 felony if such negligence results in serious bodily injury to an at-risk adult or at-risk juvenile; and
– A class 6 felony if such negligence results in bodily injury to an at-risk adult or an at-risk juvenile.”

Third Degree Assault
against an At Risk Person

“Any person who commits a crime of assault in the third degree as such crime is described in section 18-3-204, and the victim is an at-risk adult or an at-risk juvenile commits a class 6 felony.”

First Degree Assault
against an At Risk Person

“Any person who commits a crime of assault in the first degree as such crime is described in section 18-3-202, and the victim is an at-risk adult or an at-risk juvenile commits a class 4 felony if the circumstances described in section 18-3-202 (2) (a) are present and a class 2 felony if such circumstances are not present.”

Second Degree Assault
against an At Risk Person

“Any person who commits a crime of assault in the second degree as such crime is described in section 18-3-203, and the victim is an at-risk adult or an at-risk juvenile commits a class 5 felony if the circumstances described in section 18-3-203 (2) (a) are present and a class 3 felony if such circumstances are not present.”

The government views crimes against

at risk persons more harshly.

Robbery
of an At Risk Person

“Any person who commits robbery, as such crime is described in section 18-4-301 (1), and the victim is an at-risk adult or an at-risk juvenile, commits a class 3 felony. If the offender is convicted of robbery of an at-risk adult or an at-risk juvenile, the court shall sentence the defendant to the department of corrections for at least the presumptive sentence under section 18-2.3-401 (1).”

Caretaker Neglect
against an At Risk Person

“Any person who knowingly commits caretaker neglect against an at-risk adult, an at-risk elder, or an at-risk juvenile or knowingly acts in a mannter likely to be injurious to the physical or mental welfare of an at-risk adult, an at-risk elder, or an at-risk juvenile commits a class 1 misdemeanor.”

Theft
from an At Risk Person

“Any person who commits theft, and commits any element or portion of the offense in the presence of the victim, as such crime is described in section 18-4-401 (1), and the victim is an at-risk adult or at-risk juvenile, or who commits theft against an at-risk adult or an at-risk juvenile while acting in a position of trust, whether or not in the presence of the victim, commits a class 5 felony if the value of the thing involved is less than five hundred dollars or a class 3 felony if the value of the thing involved is five hundred dollars or a class 3 felony if the value of the thing involved is five hundred dollars or more. Theft from the person of an at-risk adult or an at-risk juvenile by means other than the use of force, threat, or intimidation is a class 4 felony without regard to the value of the thing taken.

Contact a criminal defense lawyer immediately if you’ve been charged with a crime against an at risk person.

Sexual Assault
on an At Risk Person

“Any person who commits a crime of a sexual assault, as such crime is described in section 18-3-402, sexual assault in the first degree, as such crime was described in section 18-3-402, as it existed prior to July 1, 2000, and the victim is an at-risk adult or an at-risk juvenile commits a class 2 felony.”

“Any person who commits a crime of sexual assault in the second degree, as such crime was described in section 18-3-403, as it existed prior to July1, 2000, and the victim is an at-risk adult or an at-risk juvenile, commits a class 3 felony.”

Unlawful Sexual Contact
with an At Risk Person

“Any person who commits unlawful sexual contact, as such crime is described in section 18-3-404 or sexual assault in the third degree, as such crime was described in section 18-3-404, as existed prior to July 1, 2000, and the victim is an at-risk adult or an at-risk juvenile, commits a class 6 felony; except that the person commits a class 3 felony if the person compels the victim to submit by use of such force, intimidation, or threat as specified in section 18-3-402 (4) (a), (4) (b), or (4) (c), or if the actor engages in the conduct described in section 18-3-404 (1) (g) or (1.5).

Exercise your right to remain

silent when speaking with the police.

Sexual Assault on a Child
on an At Risk Juvenile

“Any person who commits sexual assault on a child, as such crime is described in section 18-3-405, and the victim is an at-risk juvenile, commits a class 3 felony; except that, if the circumstances described in section 18-3-405 (2) (a), (2) (b), (2) (c), or (2) (d) are present, the person commits a class 2 felony.”

Sexual Assault on a Client
by a Psychotherapist on an At Risk Person

“Any person who commits sexual assault on a client by a psychotherapist, as such crime is described in section 18-3-405.5, and the victim is an at-risk adult or an at-risk juvenile, commits a class 3 felony if the circumstances described in section 18-3-405.5 (1) exist or a class 6 felony if such circumstances are not present.”

Sexual Assault, Position of Trust
on an At Risk Juvenile

“Any person who commits sexual assault on a child by one in a position of trust, as such crime is described in section 18-3-405.3, and the victim is an at-risk juvenile, commits a class 2 felony if the victim is less than fifteen years of age or a class 3 felony if the victim is fifteen years of age or older but less than eighteen years of age.”

Criminal Exploitation
of an At Risk Elder

“A person commits criminal exploitation of an at-risk elder when he or she knowingly uses deception, harassment, intimidation, or undue influence to permanently or temporarily deprive an at-risk elder of the use, benefit, or possession of any thing of value. Criminal exploitation of an at-risk elder is a class 3 felony if the thing of value is five hundred dollars or greater. Criminal exploitation of an at-risk elder is a class 5 felony if the thing of value is less than five hundred dollars.”

Jefferson County At Risk Adult Lawyer: Why You Need a Lawyer for Crimes against At Risk Persons

The crimes included under this statute deal mainly with physical crimes and theft. While there are many other crimes in Jefferson County and across Colorado, these specific crimes are classified by legislators as having heightened punishments. Our concern as criminal defense lawyers is that having higher classifications doesn’t necessarily stop crimes from being committed against elderly or handicapped people. It’s not as if someone thinks about committing a crime against an elderly person, decides to read the law and sees the aggravated charges, and decides not to go through with the crime. No one, except lawyers and lawmakers, know that the punishments are harsher when the alleged victim is At Risk. As a result, our prisons are overflowing with men and women who had no idea the consequences were so harsh. This is why you need an experienced criminal defense attorney fighting on your behalf. Don’t plead guilty and end up with a conviction on our record. Instead, hire a defense attorney who will fight to get you the best possible outcome in your case.

Get Help Now

If you or a loved one has been charged with a crime against an At Risk Adult or At Risk Juvenile, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.
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