The answer to today’s blog headline query posed above can be quickly answered: It materially ups the ante.
That is the bottom-line reality for select alleged sex offenders in Colorado.
We stress that point on our website at the proven Denver criminal defense law firm of Shazam Kianpour & Associates. We note that a “position of trust” designation for an individual charged with a sex crime against a child “changes the whole landscape of the punishments [an offender] might face.”
If you are an accused individual, you might logically argue that you occupy no such position.
You are likely to lose that argument. Colorado law enforcers construe the “trust” element quite broadly. State statutory law applies it to parents and other individuals reasonably perceived to be acting as parents.
That makes for a long list. The position of trust tag has been applied to teachers, coaches, mentors, clergy members, guardians, baby sitters and more.
How can a position of trust designation make a difference?
Individuals charged with a sex crime involving a child while being in a position of trust face starkly ramped-up criminal penalties. A spiked felony classification often comes to the fore that can essentially double the consequences for prison time and sex offender probation. And, of course, the adverse stigma can be severe and lifelong.
How can experienced legal counsel help an accused party?
A tested legal defense team can quickly and thoroughly vet the state’s case, probing it for weaknesses and avenues allowing for mitigation. Colorado sex crimes laws are complex and always evolving, and proven attorneys who routinely work within the area will move quickly and decisively to protect a client’s legal rights.