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Sexual Assault on a Child Denver and Arapahoe County Attorney | Soldier Accused of Sexually Assaulting 13-Year-Old

Posted by Terry O'Malley | Aug 26, 2016 | 0 Comments

According to the news, a soldier was accused of sexually assaulting a 13-year-old girl. After investigation, police said the girl allegedly had sexual and oral contact with the soldier. The girl told police she met the soldier at a bus stop, when he later asked if he could request to be her friend on Facebook. She showed police messages that were sent back and forth between her and the soldier. Police also reported the soldier told the girl he was 17 years old, when he was really 23 years old. A detective later met with the soldier, asking to search his cellphone. After obtaining a search warrant and arriving at the soldier's residence, the soldier gave police a pink cellphone that was split in half and was wet. Police entered his residence a separate time and found another phone wrapped in a plastic bag and hidden in a canister full of protein powder. In Denver, Arapahoe County and every other county in Colorado, the soldier would likely face charges of Sexual Assault on a Child and Tampering with Physical Evidence.

Facing Sexual Assault on a Child charges?

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Sexual Assault on a Child Lawyer in Douglas County | Definition of Sexual Assault on a Child

Sexual Assault on a Child, C.R.S. 18-3-405, charges occur in Douglas County whenever an actor knowingly subjects another not his or her spouse to any sexual contact, when the victim is less than 15 years old and the actor is at least four years older than the victim. Because the 23-year-old soldier allegedly had sexual contact, including oral sexual contact with a girl under 15, he could face Sexual Assault on a Child charges. Sexual Assault on a Child is a class 4 felony, but it is a class 3 felony if any force or threat is involved, or if the actor commits Sexual Assault on a Child as a pattern of sexual abuse.

Adams County Tampering with Physical Evidence Attorney | How is Tampering with Physical Evidence Charged?

The definition of Tampering with Physical Evidence, C.R.S.18-8-610, in Adams County and across Colorado is:

“A person commits tampering with physical evidence if, believing that an official proceeding is pending or about to be instituted and acting without legal right or authority, he:

  • Destroys, mutilates, conceals, removes, or alters physical evidence with intent to impair its verity or availability in the pending or prospective official proceeding; or
  • Knowingly makes, presents, or offers any false or altered physical evidence with intent that it be introduced in the pending or prospective official proceeding.”

Because the soldier gave police a broken phone and tried to hide another phone after police obtained a search warrant for his residence, he destroyed or concealed physical evidence to impair its availability to police. If messages between the soldier and the 13-year-old girl were on either of those phones, they could be used as evidence. Physical evidence includes any article, object, document, record or other thing of physical substance. Tampering with Physical Evidence in Colorado is a class 6 felony.

Charged with Sexual Assault on a Child or Tampering with Physical Evidence? Call a Jefferson County Lawyer

If you face charges of Sexual Assault on a Child or Tampering with Physical Evidence in Jefferson County or anywhere else in Colorado, call the best criminal defense lawyers at the O'Malley Law Office today. Both of these crimes can come with serious consequences and many restrictions for your future. Don't wait if facing any accusations or charges of Sexual Assault on a Child or Tampering with Physical Evidence anywhere in Colorado. Call an experienced criminal defense attorney at the O'Malley Law Office and protect your future.

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If you face Sexual Assault on a Child charges or Tampering with Physical Evidence charges in Colorado, be smart and exercise your right to remain silent. Then, contact the best criminal defense attorneys at the O'Malley Law Office at 303-830-0880. Together, we can protect your future.Request a Free Consultation

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Terry O'Malley

Get Help Now! Request a Free Consultation Meet Criminal Defense Attorney Terry O'Malley If you have been charged with a crime, you are probably dealing with strong emotions about your upcoming court appearance. You are struggling with knowing how to choose a trustworthy lawyer to represent you...

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If you or a loved one is facing criminal charges in the Denver area, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers at O’Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation

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