Colorado Public Urination Lawyer

Hire an Experienced Defense Attorney to Help You Fight to Avoid a Criminal Record

Colorado public urination lawyer cases often start with what seems like an embarrassing mistake. After you sober up, it can seem amusing or embarrassing to have been arrested for urinating in public in Colorado. But facing public indecency or indecent exposure charges can have long-term serious consequences, including a criminal record, significant legal penalties, and possibly being labeled as a registered sex offender.

Though the actual penalty you incur may not be significant, you may be excluded from certain occupations, particularly those involving children, due to public indecency charges or sex crimes. If you have received a public urination ticket or been arrested for another alcohol-related crime, you should think twice about pleading guilty within the legal system. A guilty plea will result in a conviction—and a conviction will impact many aspects of your personal and professional life.

Charged with Indecent Exposure or Public Indecency? Schedule a Free Consultation Today

I am J.B. Katz, a defense advocate and Colorado public urination lawyer with extensive experience in so-called “nuisance” crimes such as public urination, public intoxication, disorderly conduct, and other petty offense matters typically charged as misdemeanors. If you are facing indecent exposure charges related to public urination, as your criminal defense attorney, I can work to minimize the consequences of the charge and if possible, obtain either a dismissal of the charge or a reduction to a lesser charge or as a comparable offense that carries less stigma through a strong defense. After the resolution of your case, I may be able to obtain an expungement or sealing of your record, which can prevent potential employers from learning about the event and limit severe consequences, including mandatory sex offender registration.

How is Public Urination Defined?

Public urination may sound like it’s not a big deal, but it’s a crime that can carry up to ten days jail time under Colorado revised statutes and a $300 fine. Under Colorado law, public urination falls under the crime of public indecency, as it amounts to exposing one’s genitals to someone else in a way that is likely to cause affront or alarm without sexual intent or sexual gratification. As stated in the name, for a person to be convicted of public urination, such conduct must be done in a public place or where it is reasonably expected that his or her genitals will be seen by a member of the public.

It’s important to note that you don’t need to know that you were in a public place in order to be convicted of this crime, even when mistaken identity is an issue. It is a strict liability crime, meaning there is no requirement that you intended to commit the act in a public place or cause affront or alarm to a member of the public. You also don’t need to be aware that the public can see you, even if no sexual acts, sexual intercourse, intent to arouse, or lewd conduct was involved—if you knowingly expose yourself, you can face a conviction for indecent exposure in Colorado.

Also, keep in mind that if you are convicted of public indecency two or more times, the charge becomes a class 1 misdemeanor involving prior convictions or repeated behavior as per and sex offender treatment. If charged as a class 1 misdemeanor, you could face up to 2 years in jail and could be required to register as a sex offender through mandatory registration.

In the past, one public indecency conviction for urinating in public could lead to a person having to register as a sex offender and be convicted of indecent exposure. Fortunately, that was changed in 2010.

Legal Defenses & What a Colorado Indecent Exposure Lawyer Can Do to Help

Public indecency sounds like it would be an easy charge to prove, but indecent exposure cases often require careful analysis. If you are urinating in public, you will be convicted and, in some cases be added to the sex offender registry. However, it’s important to realize that there are a few elements of the crime that must be proven to the prosecution’s case. In addition to urinating in public, you must also have exposed your genitals to someone in a way that is likely to cause affront or harm, as alleged exposure. While there’s no requirement that the accused know they are in public, it will have to be proven that a person exposes themselves knowingly. Perhaps they were urinating in public, but they were mostly concealed, and no one could have possibly seen their genitals, creating reasonable doubt. Your Denver indecent exposure lawyer could use this as a defense strategy.

Another way to defend against this crime is to attack a witness’s credibility using witness testimony. Your Denver criminal defense attorney can do this by questioning what the witness really saw, trying to show they are being dishonest, or simply arguing that their memory is incorrect.

When it comes to an indecent exposure conviction, one of the most important things your criminal defense attorney can do in this situation is negotiate with the prosecutor. If there doesn’t seem to be a valid defense, criminal defense lawyers will still defend your rights. This will try to get evidence suppressed or present evidence or reasons to the prosecutor showing why the case should be dismissed or why you don’t deserve a hefty punishment.

The Problem With Punishing Public Urination as a Petty Offense or Class 1 Misdemeanor

While this law was likely intended to punish drunk college students and other individuals who are under the influence, the unfortunate reality is that the people it affects most are the homeless population, facing serious charges and being charged with indecent exposure. Many people who are unhoused don’t have the option to go find a bathroom. As a result, in many cases, when a person commits indecent exposure, it is a matter of necessity and not a matter of choice. Their only good option becomes urinating in public (and trying to stay out of sight), and this often leads to the police questioning and arresting them, and facing criminal charges for a sex offense, even without an attempt to satisfy a sexual desire.

Protect Your Future, Get Legal Representation from an Experienced Denver Indecent Exposure Lawyer

Our law firm can represent you on a public urination charge without your need to appear in court. You can be assured that while I am representing you, your rights and interests will be protected. Whenever possible, I will seek to obtain a dismissal of the charge. Alternatively, I can seek to negotiate a disorderly conduct charge instead. This charge carries far less stigma, and it will be much easier to explain this away if you are ever asked about it. A small investment in legal fees now can help you avoid problems down the road. Get legal help today.

Schedule a Free Initial Consultation with Colorado Public Urination Attorney J.B. Katz

As your Colorado public urination attorney, I will be able to explain to you what I can do to best protect your interests and why you should remain silent when appropriate. To arrange a free consultation for Colorado indecent exposure cases, and related matters, please call my Breckenridge law office at (970) 453-5533 or send me an email. As an indecent exposure attorney, I represent locals, students, and tourists who live in or visit the Colorado mountains region.