Court of Public Opinion Vs. State Classified Penalties

Is justice really blind or does it ever turn a blind eye to the criminal actions of those who are brought up on charges and then convicted? Many in Santa Clara County wondered this very thing when Superior Court Judge Arson Persky sentenced Stanford University swimmer Brock Turner to just six months in jail after being convicted of sexually assaulting an unconscious woman.

Persky received a sentence of sorts on June 5, when voters backed a recall to remove the judge who gave Turner what appeared to be a case of extreme leniency.

Details, Claims and Allegations surrounding Stanford Swimmer’s Sex Conviction Case

Court of Public Opinion Vs. State Classified Penalties | Broomfield Criminal Defense Attorney

Court of Public Opinion Vs. State Classified Penalties | Broomfield Criminal Defense Attorney

Critics were quick to denounce Persky’s lenient sentence for the swimmer. Here’s a list of claims, allegations, and details surrounding the case:1

  • Persky in his defense of the lenient sentencing pointed out the commonalities defendant and accuser, saying both were student athletes at Stanford. The victim was a lacrosse player.
  • Turner allegedly sexually assaulted the unconscious woman behind a dumpster.
  • One critic said it would be “ludicrous” to keep Persky on the bench for doling out such a lenient sentence for such an “egregious crime.”
  • The sentence may have not garnered as much nationwide attention, but the victim’s letter that she read at the sentencing was posted on the Internet and went viral.
  • Other critics made mention that Persky use to work as a prosecutor of sex crimes.
  • Supporters of Persky point to the fact that Turner would have to register as a sex offender anywhere he lived, so the offense would follow him the rest of his life.

What are the Maximum and Minimum Penalties for Rape and Sexual Assault in Colorado?

Sexual assault and rape crimes are no longer separated into degrees or levels in Colorado, but rather is there was penetration or just touching of intimate areas or genitals. Sentences are also based on aggravating factors such are restraints, drugs, or force.

Penalties are as follows:

  • Class 2 Felony: 16 to 48 years in prison with a $5,000 to $1,000,000 fine, and 5 years mandatory parole.
  • Class 3 Felony: 8 to 24 years in prison with a $3,000 to $750,000 fine, and 5 years mandatory parole.
  • Class 4 Felony: 4 to 12 years in prison with a $2,000 to $500,000 fine, and 3 years mandatory parole.
  • Class 1 Misdemeanor: if victim is between the ages of 15 and 16, and defendant is 10 years older, 6 month to 2 years, and a fine of $500 to $5,000.

Contact a Broomfield Criminal Defense Attorney at The Datz Law Firm

Being charged with a rape or sexual assault is a serious matter and, if convicted, the defendant may be looking at spending anywhere from half a dozen years in prison to a quarter center, or perhaps for the rest of their life. Defendants should seek an experienced Broomfield Criminal Defense Attorney with the Datz Law Firm. Our defense attorneys are well aware of the laws and how they apply to the charges made. We’ll make sure you get the best defense case built to help preserve your rights.   

To schedule a free, initial consultation, call 720-573-0539 for more information.

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1“Voters appear to back recall of judge who gave Stanford swimmer 6 months for sex assault” published in CNN, June 2018.