Class of Felony | Normal Presumptive Range | Extraordinary Mitigating Circumstances | Sentencing Enhancing Circumstances | Crime of Violence | Mandatory Parole |
---|---|---|---|---|---|
Class 2 | 8-24 yrs | 4-8 yrs | 8-48 yrs | 16-48 yrs | 5 yrs |
Class 3 (Extraordinary Risk of Harm) | 4-16 yrs | 2-4 yrs | 4-32 yrs | 4-32 yrs | 5 yrs |
Class 3 | 4-12 yrs | 2-4 yrs | 4-24 yrs | 4-24 yrs | 5 yrs |
Class 4 (Extraordinary Risk of Harm) | 2-8 yrs | 1-2 yrs | 2-16 yrs | 2-16 yrs | 3 yrs |
Class 4 | 2-6 yrs | 1-2 yrs | 2-12 yrs | 2-12 yrs | 3 yrs |
Class 5 (Extraordinary Risk of Harm) | 1-4 yrs | 6 mos – 1 yr | 1-8 yrs | 1-8 yrs | 2 yrs |
Class 5 | 1-3 yrs | 6 mos – 1 yr | 1-6 yrs | 1-6 yrs | 2 yrs |
Class 6 (Extraordinary Risk of Harm) | 1-2 yrs | 6 mos – 1 yr | 1-4 yrs | 1-4 yrs | 1 yrs |
Class 6 | 1 yr – 18 mos | 6 mos – 1 yr | 1-3 yrs | 1-3 yrs | 1 yrs |
In Colorado, “crimes of violence” include certain serious felonies that involve the use or threat of deadly force. Examples include murder, sexual assault, kidnapping, aggravated robbery, and certain assaults. These charges typically carry enhanced sentencing penalties, including mandatory prison time.
If you’ve been arrested for a violent crime in Colorado, you should immediately exercise your right to remain silent and request an attorney. Anything you say can be used against you, and violent crime charges often carry mandatory prison time under C.R.S. § 18‑1.3‑406. A qualified criminal defense attorney can help protect your rights and begin building your defense.
Sentencing enhancements in Colorado increase the penalties for certain crimes based on specific factors, such as using a deadly weapon or causing serious injury. For violent crimes, C.R.S. § 18‑1.3‑406 requires mandatory prison time and limits the judge’s discretion to reduce sentences. This means a conviction can result in longer prison terms without the possibility of probation or early release.
Yes, a violent crime charge can sometimes be reduced through a plea agreement, depending on the facts of the case. Prosecutors may agree to lesser charges if the evidence is weak or the defendant has no prior record. However, serious violent felonies are less likely to be reduced due to mandatory sentencing laws.
Yes, you can still be charged if someone is hurt by accident, depending on the circumstances. In Colorado, charges may apply if your actions were reckless or showed criminal negligence. Truly accidental injuries without any unlawful behavior are less likely to lead to charges.
In Colorado, simple assault is typically charged as a misdemeanor and involves causing minor injuries or threatening harm without serious injury. Felony assault involves serious bodily injury, use of a deadly weapon, or assaulting certain protected individuals like police officers. The severity of the injury and the circumstances determine whether the charge is a misdemeanor or felony.
If you assault someone with a weapon in Colorado, the charge is typically a felony — either second-degree or first-degree assault, depending on injury severity and intent. Second-degree assault (Class 4 felony) carries 5 to 16 years in prison, while first-degree assault (Class 3 felony) is punishable by 10 to 32 years behind bars, plus possible hefty fines.
Domestic assault in Colorado refers to assault involving someone you have an intimate or familial relationship with, like a spouse, partner, or roommate. While the underlying assault charge is the same as in non-domestic cases, domestic violence enhancements apply and can include mandatory protection orders, treatment programs, and restrictions on firearm possession.
Common defenses to aggravated assault in Colorado include self-defense, defense of others, lack of intent, or mistaken identity. You may also argue that the injuries were not as serious as claimed or that no weapon was used. The right defense depends on the facts of your case; the MBS Law legal team can help you determine the best course of action.
Mastro, Barnes & Stazzone, P.C. have decades of experience combing through details and reviewing documentation. Our defense preparation process is thorough, and we take the time to make sure we don’t miss important information that might help your case. When you work with our team, you can feel confident knowing that you are getting our full attention and that every stone will be unturned during our process.
"*" indicates required fields
Copyright ©2024 MBS Law (Mastro, Barnes & Stazzone, P.C.) . All Rights Reserved.
"*" indicates required fields