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Boulder fugitive given indeterminate sentence for sexual assault

Criminal defense attorneys are adept in mitigation of consequences for defendants, when possible. Sex crime charges are some of the most destructive allegations a defendant can face. A conviction can mean the permanent loss of freedom, through Colorado laws that permit sex offenders to receive indeterminate sentences.

Life-long imprisonment or probation is possible for defendants convicted of Class 4 or higher felony sex offenses. According to the Boulder County Bar Association, the maximum supervision term is not fixed. Courts are willing to hold or monitor a defendant for life to prevent the repetition of a crime.

A Boulder man was convicted twice of sexual assault, first in 1996, and then in late 2013 along with menacing, criminal mischief and assault charges. While free on bond after the later conviction, the 38-year-old man failed to show up for a February sentencing hearing. The defendant was found and apprehended in Mexico and extradited to Boulder in September.

A judge recently delivered an indeterminate prison sentence of 12 years to life, the sentence recommended by prosecutors. If the defendant is ever granted parole, he will be supervised after release for at least 10 years. The man's name will be listed as a violent predator on a sex offender registry for the rest of his life.

The minimum sentence might have been considerably shorter, if the man had not fled and had no sex crime history – sexual assault charges typically carry a 2-to-6 year minimum term. The defense attorney's request to delay sentencing was denied. The lawyer pointed out his client performed "well" while on probation following the first conviction but suffered a head injury that may have affected the man's actions.

The reduction of charges can have a profound effect on a defendant's legal outcome. When a sex crime charge can be reduced to a Class 5 felony or lower, indeterminate sentencing is not required.

Source: Daily Camera, "Calvin Nagy, Boulder rapist apprehended in Mexico, sentenced to 12 years to life in prison" Mitchell Byars, Oct. 01, 2014

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