Larimer County Indeterminate Sentencing, C.R.S. 18-1.3-1004
Sex Crimes Lawyer in Fort Collins, Colorado

Read more about indeterminate sentencing in Fort Collins sex offense cases.

Have you been falsely accused of a sex crime?  If so, the leading criminal defense lawyers at the O’Malley Law Office warn that if you are convicted, you could face a longer sentence in a Colorado prison.  Colorado law has a presumptive sentencing range for all crimes, which determines the range of fines, jail time or prison sentence, and parole time (if applicable) that can be given for each class of crime when a defendant is convicted.  Sex offenses, however, are subject to Indeterminate Sentencing, which entails  a much longer prison sentence for those convicted – up to life in prison.  Below, the leading criminal defense attorneys at the O’Malley Law Office discuss Indeterminate Sentencing, and how hiring a criminal defense attorney will result in the best possible outcome for your case.

How Does the Fort Collins Criminal Court Define Indeterminate Sentencing, C.R.S. 18-1.3-1004?

Fort Collins Criminal Courts legally define Indeterminate Sentencing, as follows:

Except as otherwise provided in this subsection (1) and in subsection (2) of this section, the district court having jurisdiction shall sentence a sex offender to the custody of the department for an indeterminate term of at least the minimum of the presumptive range specified in section 18-1.3-401 for the level of offense committed and a maximum of the sex offender’s natural life.

In other words, anyone convicted of a sex offense would be subject to a longer Colorado prison sentence than the presumptive range would normally allow for the same class of offense.  For example, sexual assault on a child is a class 4 felony (unless the offense meets other criteria that would instead make it a class 3 felony).  Generally, the presumptive range for a class 4 felony is 2 to 6 years in a Colorado prison.  However, because sexual assault on a child is subject to Indeterminate Sentencing, anyone convicted would instead be sentenced to a much longer prison sentence:  the defendant can  be sentenced to serve for the rest of his or her natural life.

Crimes with Indeterminate Sentences in Evans and Fort Lupton

In Longmont, Erie and Loveland, some of the sexual crimes subject to Indeterminate Sentencing include, but are not limited to:

  • Sexual Assault in the First Degree, C.R.S. 18-3-402
  • Sexual Assault in the Second Degree, C.R.S. 18-3-403
  • Sexual Assault on a Child, C.R.S. 18-3-405
  • Enticement of a Child, C.R.S. 18-3-305
  • Incest, C.R.S. 18-6-301
  • Patronizing a Prostituted Child, C.R.S. 18-7-406
  • Internet Sexual Exploitation of a Child, C.R.S. 18-3-405.4
  • Internet Luring of a Child, C.R.S. 18-3-306 (when it is a class 4 felony)
  • Conspiracy or attempt to commit any of the above crimes

The above list is only a small sample of offenses subject to Indeterminate Sentencing.  If you have questions regarding whether you have been charged with a crime subject to Indeterminate Sentencing, it is best to contact an experienced criminal defense attorney at our office.

Why Hire a Leading Larimer County Criminal Defense Attorney?

If you have been falsely accused of a sex crime, it is in your best interest to hire a leading Fort Collins criminal defense attorney who can successfully defend you in court.  On their own, Indeterminate Sentencing and the possibility of spending the rest of your natural life in a Colorado prison, pose significant risks to your freedom.  If you do not have to serve a sentence in a Colorado prison for the rest of your life, you will face a mandatory lifetime parole or probation, if your crime permits those options.  You also will be required to register on the sex offender registry and pay thousands of dollars of fines.  Hiring a seasoned criminal defense lawyer is your best option to mitigating these severe repercussions – especially if the allegations against you are false. Many people are falsely accused of sexual offenses in Larimer County.


Have you been charged with a sex crime?  Be smart, and exercise your right to stay silent.  Then get in contact with a criminal lawyer with decades of experience at the O’Malley Law Office today at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.

The location for the Larimer County Courthouse is 201 La Porte Avenue, Fort Collins, Colorado. We’ll see you there!

Photo by EKATERINA BOLOVTSOVA