Felony Sentencing
Navigating the legal landscape can be complex, especially when it comes to felony sentencing in Colorado. Felonies are serious offenses, and understanding the sentencing guidelines is crucial for both legal professionals and the general public. Felonies have complicated sentencing guidelines that can have a serious effect on you if you’re charged with a crime. Felonies are distinct from misdemeanors for their sentencing ranges and other possible consequences, in addition to the severity of the charged conduct.
Colorado classifies felonies into six categories, ranging from Class 1 to Class 6, with Class 1 being the most severe. The classification is based on the nature and severity of the crime, with each class carrying distinct sentencing parameters.
Felonies can be sentenced in the presumptive, enhanced, aggravated, or exceptional circumstance ranges, and even those have some different parameters like if the crime is defined as extraordinary risk.
The presumptive felony ranges are:
Class 1 felony
Prison Sentence: Life
Extraordinary Risk: N/A
Fines: N/A
Mandatory Parole: N/A
Class 2 felony
Prison Sentence: 8-24 years
Extraordinary Risk: N/A
Fines: $5,000-$1,000,000
Mandatory Parole: 3 years (5 years for crimes of violence)
Class 3 felony
Prison Sentence: 4-12 years
Extraordinary Risk: 4-16 years
Fines: $3,000-$750,000
Mandatory Parole: 3 years
Class 4 felony
Prison Sentence: 2-6 years
Extraordinary Risk: 2-8 years
Fines: $2,000-$500,000
Mandatory Parole: 3 years
Class 5 felony
Prison Sentence: 1-3 years
Extraordinary Risk: 1-4 years
Fines: $1,000-$100,000
Mandatory Parole: 2 years
Class 6 felony
Prison Sentence: 12-18 months
Extraordinary Risk: 1-2 years
Fines: $1,000-$100,000
Mandatory Parole: 1 year
In general, the enhanced range for these felonies is:
Class 1 felony
Prison Sentence: Life
Extraordinary Risk: N/A
Fines: N/A
Mandatory Parole: N/A
Class 2 felony
Prison Sentence: 8-48 years
Extraordinary Risk: N/A
Fines: $5,000-$1,000,000
Mandatory Parole: 3 years (5 years for crimes of violence)
Class 3 felony
Prison Sentence: 4-24 years
Extraordinary Risk: 4-32 years
Fines: $3,000-$750,000
Mandatory Parole: 3 years
Class 4 felony
Prison Sentence: 2-12 years
Extraordinary Risk: 2-16 years
Fines: $2,000-$500,000
Mandatory Parole: 3 years
Class 5 felony
Prison Sentence: 1-6 years
Extraordinary Risk: 1-8 years
Fines: $1,000-$100,000
Mandatory Parole: 2 years
Class 6 felony
Prison Sentence: 1-3 years
Extraordinary Risk: 1-4 years
Fines: $1,000-$100,000
Mandatory Parole: 1 year
The aggravated ranges are as follows:
Class 1 felony
Prison Sentence: Life
Extraordinary Risk: N/A
Fines: N/A
Mandatory Parole: N/A
Class 2 felony
Prison Sentence: 16-48 years
Extraordinary Risk: N/A
Fines: $5,000-$1,000,000
Mandatory Parole: 3 years (5 years for crimes of violence)
Class 3 felony
Prison Sentence: 8-24 years
Extraordinary Risk: 10-32 years
Fines: $3,000-$750,000
Mandatory Parole: 3 years
Class 4 felony
Prison Sentence: 4-12 years
Extraordinary Risk: 5-16 years
Fines: $2,000-$500,000
Mandatory Parole: 3 years
Class 5 felony
Prison Sentence: 2-6 years
Extraordinary Risk: 2.5-8 years
Fines: $1,000-$100,000
Mandatory Parole: 2 years
Class 6 felony
Prison Sentence: 15 months-3 years
Extraordinary Risk: 1.5-4 years
Fines: $1,000-$100,000
Mandatory Parole: 1 year
The exceptional circumstance ranges are:
Class 1 felony
Prison Sentence: Life
Extraordinary Risk: N/A
Fines: N/A
Mandatory Parole: N/A
Class 2 felony
Prison Sentence: 4-48 years
Extraordinary Risk: N/A
Fines: $5,000-$1,000,000
Mandatory Parole: 3 years (5 years for crimes of violence)
Class 3 felony
Prison Sentence: 2-24 years
Extraordinary Risk: 2-32 years
Fines: $3,000-$750,000
Mandatory Parole: 3 years
Class 4 felony
Prison Sentence: 1-12 years
Extraordinary Risk: 1-16 years
Fines: $2,000-$500,000
Mandatory Parole: 3 years
Class 5 felony
Prison Sentence: 6 months-6 years
Extraordinary Risk: 6 months-8 years
Fines: $1,000-$100,000
Mandatory Parole: 2 years
Class 6 felony
Prison Sentence: 6 months-3 years
Extraordinary Risk: 6 months-4 years
Fines: $1,000-$100,000
Mandatory Parole: 1 year
The presumptive range serves as a starting point for judges when determining a sentence. However, various factors can influence the final sentencing, including aggravating and mitigating circumstances
Aggravating factors can lead to a sentence above the presumptive range, while mitigating factors may result in a sentence below the range. Aggravating factors include previous convictions, use of a deadly weapon, and the degree of harm caused. In other words, if the crime causes serious bodily injury, it constitutes a “crime of violence,” which lands the offender in the aggravated range. Some forms of assault are considered “aggravated.”
Navigating Colorado's felony sentencing involves considering not only the classification of the offense but also the presence of aggravating or mitigating factors. Understanding these nuances is essential for individuals facing legal proceedings and for the general public to comprehend the justice system's intricacies. At Prager Law, we have the experience to help guide you through a very serious situation.
