Recht & Kornfeld Blog

The Larimer County Sheriff’s Office yesterday announced the arrest of an Estes Park high school teacher for Sexual Assault on a Child by One in a Position of Trust. According to the 16 year old student, she and the social studies teacher engaged in sexual conduct one time and she is now two months pregnant with his child.

Few offenses in Colorado are as serious in conduct and penalty as is a sexual assault of any type. In fact, the Legislature would be hard pressed to pass laws increasing the penalty, despite the demands of police and the public, who unfortunately operate with little knowledge of the possible sentences. Larimer County Sheriff’s Department stated the possible sentence for the above offense, if convicted, is up to 12 years in prison. This legal conclusion is patently untrue and incorrect.

In this situation, if the person accused of a crime is in a position of trust, i.e., a parent, coach, teacher, babysitter, etc. and subjects another to sexual contact, and that person is at least 15 years old and less than 18, the crime is punishable by a minimum of 2 to 6 years in prison and subject to indeterminate sentencing. In other words, the judge would sentence the defendant to prison and the Department of Corrections would determine if, and when, the person would ever be released from custody. If the victim is less than 15 years of age, the minimum sentence is 4-12 years in prison and is also indeterminate. Since 1998 when the new sex offender sentencing law was put into place, 1,351 defendants have been sentenced to prison and 8 have been released on parole.

Certainly, in this case, the paternity of the yet unborn child will be a key to the prosecution of the defendant. An aggressive and determined defense is required. The defense attorney will be instrumental in disputing the allegation, challenging the laws, and/or mitigating the offense.

Contact Recht and Kornfeld, P.C. in Denver

A Denver Police officer has been accused of pointing a gun at a local McDonald’s worker when his and another officer’s orders were taking too long to prepare. Any use of a weapon is an extraordinarily serious offense, and one that is often punishable by time in custody. Aurora Police report the officer faces felony menacing and weapons charges.

Felony menacing is a class five felony, punishable by one to three years in the Department of Corrections. In order to be convicted, it must be proven that the officer knowingly placed the clerk in fear of imminent serious bodily injury by the use of a deadly weapon. Even if the officer did not actually have a weapon but simply stated that he did, it is enough to prove the crime.

In the past, District Attorney Carol Chambers has created conflict between her office and the Aurora Police Department for her very hard stand against police misconduct. It is possible the officer will be offered a plea agreement in exchange for waiving his right to trial. It will be the goal of the officer’s attorney to avoid a felony conviction and incarceration. Regardless, it is unlikely the officer will ever be able to work in law enforcement again if he is convicted of any offense, felony or misdemeanor. However, if convicted of the offense of misdemeanor menacing (menacing without a weapon) the law does not preclude him from remaining in his current position.