Understanding Felony Sentencing

The State of Colorado defines a felony as a crime punishable by a year or more in prison and/or a large fine. Crimes that are considered to be felonies are the most major offenses, greater than misdemeanors and petty offenses.

In Colorado, felony crimes are broken into two groups, drug and non-drug felonies. Each of these Categories are further broken down into different classes.

Non-drug felonies are broken down into six classes:

• Class 1 felony in Colorado
• Class 2 felony in Colorado
• Class 3 felony in Colorado
• Class 4 felony in Colorado
• Class 5 felony in Colorado
• Class 6 felony in Colorado

Drug felonies are broken down four classes:

• Level 1 drug felony
• Level 2 drug felony
• Level 3 drug felony
• Level 4 drug felony

Drug felonies are punished less severely than non-drug felonies at the same level. Aside from non-drug felonies and drug felonies, there are also unclassified felonies which are sentenced based on the statute of the offense.

For all types of felonies there is a “presumptive” range for sentencing which is used if there are no aggravating factors and that the defendant is sentenced to prison. Though felonies are defined as having prison time involved in sentencing, there are some alternatives to prison time such as: probation, deferred sentencing, deferred prosecution, and community corrections. If deferred sentencing or prosecution is chosen as an alternative to prison time, counseling and education courses are used. Successful completion of these courses can result in the lessening of charges to misdemeanors, and in some cases charges are dismissed altogether.

Sentencing Ranges for Non-Drug Felonies:

Felony Class	Prison Sentence	Fine
Class 1	Life in prison or death	None
Class 2	8 to 24 years	$5,000 to $1,000,000
Class 3 Extraordinary Risk	4 to 16 years	$3,000 to $750,000
Class 3	4 to 12 years	$3,000 to $750,000
Class 4 Extraordinary Risk	2 to 8 years	$2,000 to $500,000
Class 4	2 to 6 years	$2,000 to $500,000
Class 5 Extraordinary Risk	1 to 4 years	$1,000 to $100,000
Class 5	1 to 3 years	$1,000 to $100,000
Class 6 Extraordinary Risk	1 to 2 years	$1,000 to $100,000
Class 6	1 year to 18 months	$1,000 to $100,000
Unclassified	Determined by statute	Determined by statute

Sentencing Ranges for Drug Felonies:

Drug Felony Level	Prison Sentence	Fine
Level 1 Drug Felony	8 to 32 years	$5,000 to $1,000,000
Level 2 Drug Felony	4 to 8 years	$3,000 to $750,000
Level 3 Drug Felony	2 to 4 years	$2,000 to $500,000
Level 4 Drug Felony	6 months to 1 year	$1,000 to $100,000

In some cases, the presumptive range of sentencing can be increased, and in rare cases, decreased. Typically sentencing is increased when the crime is: an extraordinary risk crime, a crime of violence, an “aggravated” offense, or a crime committed under circumstances that require an aggravated sentencing range.

If convicted of an extraordinary risk crime, the minimum sentence remains the same while the maximum sentence may increase by up to 2 years. Some examples of extraordinary risk crimes are: child abuse, stalking, aggravated robbery, all crimes of violence, felony invasion of privacy for sexual gratification.

If convicted of a crime of violence, you must be sentenced to a prison term of a minimum of the midpoint of the presumptive range sentence and a maximum of twice the typical maximum for offenses in that class. Examples of violent crimes are: murder, kidnapping, aggravated robbery, first-degree arson, first-degree burglary, and first- and second-degree assault.

A felony is a serious offense, and hiring an experienced defense attorney could be the difference from spending years in jail or getting off with much lower penalties. If you are looking for an experienced and relentless criminal defense attorney, contact Krizman Law today at 303-529-2677.

Class 1 Felonies:

Class 1 felonies are the most serious felonies that you can be charged with in Colorado, thus having the most severe punishments.

Examples of Class 1 felonies are: first-degree murder, first-degree kidnapping, treason, assault during escape with the intent to cause bodily harm. (Click here to see full list.)

The penalties for Class 1 felonies are a minimum of life in prison and a maximum of death. There is no mandatory parole period for Class 1 felonies in Colorado. Class 1 felonies are also considered to be deportable offenses or crimes of moral turpitude. Aliens convicted of Class 1 felonies in Colorado have the possibility of being deported from the country if released from prison.

Being accused of a Class 1 felony is the most serious crime you can be charged with and it is of the utmost importance for you to have an experienced defense attorney fighting for your rights. If you have been arrested or charged with a Class 1 felony and are looking for an experienced and relentless criminal defense attorney, contact Casey Krizman at Krizman Law today at 303-529-2677.

Class 2 Felonies:

Class 2 felonies are the second most serious felonies that you can be charged with in Colorado, thus carrying the second most serious punishments.

Examples of Class 2 felonies are: attempt to commit a Class 1 felony, sexual assault, second-degree murder, first degree kidnapping, trafficking illegal aliens, aggravated robbery of controlled substances, theft when property is valued at $1,000,000 or more. (Click here to see full list.)

The penalties for Class 2 felonies are a minimum of 8 years in prison and/or $5,000 in fines to a maximum of 24 years in prison or $1,000,000 in fines. Class 2 felonies also are accompanied by a mandatory parole period of 3 years, and if the defendant has been convicted of a felony twice before, they are ineligible to receive only a fine, and will receive at least the minimum jail sentence and possibly a fine. Class 2 felonies are typically considered to be deportable offenses or crimes of moral turpitude. Aliens convicted of Class 2 felonies in Colorado have the possibility of being deported from the country. Individuals charged with Class 2 felonies have the Constitutional right to a jury trial of 12 jurors, but have the ability to request a bench trial or a smaller jury of no less than 6 jurors.

Being accused of a Class 2 felony is very serious and it is of the utmost importance for you to have an experienced defense attorney fighting for your rights. If you have been arrested or charged with a Class 2 felony and are looking for an experienced and relentless criminal defense attorney, contact Krizman Law today at 303-529-2677.

Class 3 Felonies:

Class 3 felonies are the third tier of felonies in Colorado. Class 3 felonies are broken down further into Class 3 felonies and Class 3 Extraordinary Risk felonies. Class 3 Extraordinary Risk felonies carry a maximum prison sentence longer by several years.

Examples of Class 3 felonies are: attempt to commit a Class 2 felony, conspiracy to commit a Class 2 felony, vehicular homicide, trafficking adults for involuntary servitude (if adults are not 70 and older, disables, or illegal aliens). (Click here to see full list.)

The penalties for Class 3 felonies are a minimum of 4 years in prison and/or $3,000 in fines and a maximum of 12 years in prison and/or $750,000 in fines. Class 3 felonies also carry a mandatory 3-year parole period.

Examples of Class 3 Extraordinary Risk felonies are: aggravated robbery, “heat of passion” second-degree murder, first-degree assault, unlawful termination of pregnancy.

The penalties for Class 3 Extraordinary Risk are a minimum of 4 years in prison and/or $3,000 in fines to a maximum of 16 years in prison and/or $750,000 in fines. Class 3 Extraordinary Risk felonies also carry a mandatory 5-year parole period.

Certain Class 3 felonies are considered to be deportable offenses or crimes of moral turpitude. Aliens convicted of Class 3 felonies in Colorado have the possibility of being deported from the country. Individuals charged with Class 3 felonies have the Constitutional right to a jury trial of 12 jurors, but have the ability to request a bench trial or a smaller jury of no less than 6 jurors. In some cases, defendants can have their case sealed from their criminal record.

Being accused of a Class 3 felony is very serious and it is of the utmost importance for you to have an experienced defense attorney fighting for your rights. If you have been arrested or charged with a Class 3 felony and are looking for an experienced and relentless criminal defense attorney, contact Krizman Law today at 303-529-2677.

Class 4 Felonies:

Class 4 felonies are the third tier of felonies in Colorado. Class 4 felonies are broken down further into Class 4 felonies and Class 4 Extraordinary Risk felonies. Class 4 Extraordinary Risk felonies carry a maximum prison sentence longer by several years.

Examples of Class 4 felonies are: attempt to commit a Class 3 felony, conspiracy to commit a Class 3 felony, manslaughter, vehicular homicide, violating a custody order or order relating to parental responsibilities, and vehicular assault. (Click here to see full list.)

The penalties for Class 4 felonies are a minimum of 2 years in prison and/or $2,000 in fines and a maximum of 6 years in prison and $500,000 in fines. Class 4 felonies also carry a mandatory 3-year parole period.

Examples of Class 4 Extraordinary Risk felonies are: criminal extortion, second-degree kidnapping, second-degree assault, and enticement of a child.

The penalties for Class 4 Extraordinary Risk felonies are a minimum of 2 years in prison and/or $2,000 in fines and a maximum of 8 years in prison and $500,000 in fines. Class 4 Extraordinary Risk felonies also carry a mandatory 3-year parole period.

Certain Class 4 felonies are considered to be deportable offenses or crimes of moral turpitude. Aliens convicted of Class 4 felonies in Colorado have the possibility of being deported from the country. Individuals charged with Class 4 felonies have the Constitutional right to a jury trial of 12 jurors, but have the ability to request a bench trial or a smaller jury of no less than 6 jurors. In some cases, defendants can have their case sealed from their criminal record.

Being accused of a Class 4 felony is very serious and it is of the utmost importance for you to have an experienced defense attorney fighting for your rights. If you have been arrested or charged with a Class 4 felony and are looking for an experienced and relentless criminal defense attorney, contact Krizman Law today at 303-529-2677.

Class 5 Felonies:

Class 5 felonies are the third tier of felonies in Colorado. Class 5 felonies are broken down further into Class 5 felonies and Class 5 Extraordinary Risk felonies. Class 5 Extraordinary Risk felonies carry a maximum prison sentence longer by several years.

Examples of Class 5 felonies are: attempt to commit a Class 4 felony, conspiracy to commit a Class 4 felony, third-degree burglary, criminally negligent homicide, theft of property valued above $5,000 and below $20,000, and first-degree criminal trespass. (Click here to see full list.)

The penalties for Class 5 felonies are a minimum of 1 year in prison and/or $1,000 in fines and a maximum of 3 years in prison and/or $100,000 in fines. Class 4 felonies also carry a mandatory parole period of 2 years.

Examples of Class 5 Extraordinary Risk felonies are: stalking, second-degree unlawful termination of a pregnancy, internet luring of a child if there is no intent to meet for sexual exploitation.

The penalties for Class 5 Extraordinary Risk felonies are a minimum of 1 year in prison and/or $1,000 in fines and a maximum of 4 years in prison and/or $100,000 in fines. Class 5 Extraordinary Risk felonies also carry a mandatory parole period of 2 years.

Certain Class 5 felonies are considered to be deportable offenses or crimes of moral turpitude. Aliens convicted of Class 5 felonies in Colorado have the possibility of being deported from the country. Individuals charged with Class 5 felonies have the Constitutional right to a jury trial of 12 jurors, but have the ability to request a bench trial or a smaller jury of no less than 6 jurors. In some cases, defendants can have their case sealed from their criminal record.

Being accused of a Class 5 felony is very serious and it is of the utmost importance for you to have an experienced defense attorney fighting for your rights. If you have been arrested or charged with a Class 5 felony and are looking for an an experienced and relentless criminal defense attorney, Krizman Law today at 303-529-2677.

Class 6 Felonies:

Class 6 felonies are the third tier of felonies in Colorado. Class 6 felonies are broken down further into Class 6 felonies and Class 6 Extraordinary Risk felonies. Class 6 Extraordinary Risk felonies carry a maximum prison sentence longer by several years.

Examples of Class 6 felonies are: attempt to commit a Class 5 felony, conspiracy to commit a Class 5 felony, criminal impersonation, criminal possession of a forged instrument, and theft when property is valued above $2,000 and below $5,000. (Click here to see full list.)

The penalties for Class 6 felonies are a minimum of 1 year in prison and/or $1,000 in fines to a maximum of 18 months in prison and/or $100,000 in fines. Class 6 felonies also carry a mandatory 1-year parole period.

Examples of Class 6 Extraordinary Risk felonies are: sexual exploitation of a child by possessing exploitative material when it is a first offense and there are fewer than 20 prohibited items, and invasion of privacy for sexual gratification.

The penalties for Class 6 Extraordinary Risk felonies are a minimum of 1 year in prison and/or $1,000 in fines to a maximum of 2 years in prison and/or $100,000 in fines. Class 6 Extraordinary Risk felonies also carry a mandatory 1-year parole period.

Certain Class 6 felonies are considered to be deportable offenses or crimes of moral turpitude. Aliens convicted of Class 6 felonies in Colorado have the possibility of being deported from the country. Individuals charged with Class 6 felonies have the Constitutional right to a jury trial of 12 jurors, but have the ability to request a bench trial or a smaller jury of no less than 6 jurors. In some cases, defendants can have their case sealed from their criminal record.

Being accused of a Class 6 felony is very serious and it is of the utmost importance for you to have an experienced defense attorney fighting for your rights. If you have been arrested or charged with a Class 6 felony and are looking for an an experienced and relentless criminal defense attorney, Krizman Law today at 303-529-2677.