How Is A Sex Crime Determined To Be Either A Misdemeanor Or A Felony?
The legislature has decided what types of sex crimes are felonies and what level of felonies they are. Generally, crimes classified as a Misdemeanor are those where the punishment, if any, of incarceration is to the local County jail by the local county sheriff’s office. While those classified as any class of Felony where the punishment of incarceration, if any, will be in State Prison by the Department of Corrections. It is not up to the judge or anyone else. The statute defines the elements of the crime, which describe each piece (element) of the crime that the prosecution must prove. There are numerous sex crimes and if you are convicted of one, you will have mandatory requirements of complying with sex offender registration. You will also have to successfully complete sex offender management board treatment. The program is extremely intense, very intrusive, and incredibly difficult.
What About State And Federal Level Crime Charges?
The United States Code Title 18 is the criminal code that defines what activity, conduct or behavior is a Federal crime. The United States Congress legislates Federal crimes. Federal charges usually come when you commit a crime on an Indian reservation, in a federal building, or property, federal lands, or federal forests, or federal parks or when you are using interstate transport, like flying in an aircraft or against a federal employee or interstate commerce, interstate communications, U.S. mail, and the like. If you are convicted of any federal crimes and you are sentenced to incarceration you will have to surrender to the United States Marshall’s Office to be transported to a Federal Prison which may not be in your home state, If you do it within the bounds of the state, which is divided into counties, you will usually be charged with a state crime in that county. It is highly complex, and you would need the guidance of an attorney to help you. A person could be charged both under Federal Law as well as State Court.
In case jurisdiction of the crimes under Federal Law as well as under State Law. There is no double jeopardy as the Federal and each State is considered in law as separate sovereigns; each is entitled to prosecute the crimes that are committed in their respective jurisdictions. In fact, in June 2019 the United States Supreme Court stated in Gamble v United States that a person can be charged under Federal Law and also in State Court as the sovereigns are different and therefore the crimes are not the same. Therefore, the general principle of double jeopardy does not apply in such cases.
For more information on Misdemeanor and Felony Sex Crimes In Colorado, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (303) 557-4425 today.