Common Defenses to Domestic Violence Charges
November 16, 2024
A Colorado man was convicted of sexual assault of a child and sexual assault of a child by a person in a position of trust in 2016.
Why?
Because he ordered his 4-year-old foster child to approach him, removed his clothes, and ejaculated into her hands. He then forced the girl to swallow his semen, telling her it was his “milk.” He was sentenced to 20 years to life in prison plus one year in jail.
It’s a horrible, horrible [...]
Statutory rape laws are based on the premise that minor children are incapable of informed consent to sex acts. The inability of minors to form consent is written in the statutes – hence the term “statutory rape.”
In statutory rape, the prosecution need not prove that an assault took place, or that the sex act(s) were committed forcibly. Even a romantic relationship with someone under the age of consent is considered statutory rape if sexual activity takes place.
Statutory rape [...]
Generally speaking, the overall crime rate on college campus has dropped substantially — except for one important area. Reports of sex crimes increased by an astounding 205% between 2001 and 2015.
This probably sounds terrifying – and it should. However, it is likely that the commission of sex crimes has not increased. Rather, what is probably happening is that more sex crimes are being reported as the stigma felt by victims has been lessened. Further, universities are under increased pressure [...]
Sex crime consequences are some of the most severe in the Colorado criminal statutes – and for good reason. Sex crimes have long-lasting psychological impacts on survivors, and are a threat to society.
To protect potential victims, convicted sex offenders must register in a national database, something that has a huge negative stigma, and restricts employment prospects, housing, and other freedoms. Additionally, you may have to spend time in prison, pay a costly fine, and more.
Because of this, it [...]
Recently, a Colorado man received the longest-ever sentence for human trafficking in U.S. history.
Brock Franklin, 31, was convicted on 30 violations that fall under Colorado’s Organized Crime Control Act, including numerous sex crimes. Several children and women provided testimony for the prosecution. The sentence reached 472 years because Franklin was a repeat offender, which allowed for sentence enhancements.
In the original indictment, six other offenders were involved. One man’s charges were dismissed. The other five men pleaded guilty to [...]
Facing a domestic violence charge can feel overwhelming and intimidating. Allegations of violence against a family member or intimate partner carry serious weight, and a conviction can have severe consequences, including jail time, fines, restraining orders, and a damaged reputation. However, an accusation is not the same as a conviction. Numerous defense strategies can be used to help clear your name, reduce charges, or, in some cases, dismiss the case entirely.
Below, we discuss some of the most common defenses [...]
You’re out with friends, having a good time at your favorite bar when a heated argument suddenly turns into a bar fight. Maybe you were just defending yourself, but what seemed like a minor scuffle could lead to serious legal consequences. Believe it or not, a bar fight can result in felony charges. While these altercations may seem trivial, the legal aftermath is anything but. Can a seemingly minor incident lead to serious felony charges? Let’s break it down and [...]
In Colorado, marijuana possession laws can be complex and nuanced. While the state has legalized both medical and recreational use of cannabis, there are still specific regulations and restrictions in place. Whether you’re enjoying cannabis recreationally or using it for medical reasons, it’s important to stay within the limits of the law. And if you find yourself on the wrong side of these laws, having an attorney like Jacob E. Martinez on your side can make all the difference.
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