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What Are Sentencing Enhancements and How Can They Impact Your Case?

In the realm of criminal law, sentencing is a critical phase that determines the penalties a defendant will face upon conviction. Federal and state criminal laws establish sentencing guidelines for various offenses, which outline the presumptive range of legal penalties judges may impose. For example, if you are convicted of a class 2 felony in Colorado, your presumptive sentencing range is eight to 24 years in prison.
However, the legal landscape is not always black and white. In certain cases, factors known as sentencing enhancements (also referred to as sentence enhancers) come into play. In this comprehensive guide, we will explore the world of sentencing enhancements, how they work within the context of Colorado law, and how they might impact your specific criminal case.

How Do Sentencing Enhancements Work?

Criminal sentencing enhancements are legal provisions that enable judges to impose penalties beyond the ordinary range specified by sentencing guidelines. They come into play when certain aggravating circumstances exist, indicating that a given offense is particularly egregious or the defendant’s criminal history warrants a more severe punishment.
Note that these enhancements are not applied uniformly but rather on a case-by-case basis, depending on the specifics of the situation at hand.

Types of Sentencing Enhancements in Colorado

So, when might you face a sentencing enhancement? As previously noted, the use of sentencing enhancers varies based on the jurisdiction and nature of the crime. Some common types include:
  • Prior Convictions: One of the most prevalent sentencing enhancements involves prior convictions. If a defendant has a history of previous convictions, especially for similar offenses, it can lead to more severe penalties upon subsequent convictions. For example, a DUI offense may result in harsher consequences if the offender has prior DUI convictions.
  • Crimes of Violence: In Colorado, crimes of violence often trigger sentencing enhancements. These include offenses where the victim has suffered serious bodily injury or lost their life, or where a deadly weapon was involved or threatened during the commission of the crime. Crimes of violence encompass a range of offenses, such as murder, sexual offenses, assault, kidnapping, arson, and burglary.
  • Extraordinary Risk Offenses: Extraordinary risk offenses are those that pose a substantial threat to the community; these types of crimes often result in sentencing enhancements. Extraordinary risk offenses can include child abuse, stalking, aggravated robbery, and the unlawful manufacturing or distribution of controlled substances with the intent to sell.

When Are Criminal Sentence Enhancers Imposed?

You will not know whether a sentencing enhancement has been applied to your case immediately upon conviction; instead, the application of sentencing enhancements involves a multi-step process. Here is a deeper look:
  • Criminal Conviction: The process begins with a criminal conviction. Once an individual is found guilty of an offense, the court moves to the sentencing phase.
  • Aggravating Factors: During sentencing, the judge assesses whether any aggravating factors exist that may warrant a sentencing enhancement. These factors may be related to the nature of the offense, the defendant’s criminal history, or the specific circumstances surrounding the crime.
  • Imposing Enhanced Penalties: If aggravating factors are present, the judge may decide to impose enhanced penalties. This typically results in a lengthier prison sentence, increased fines, or additional probation and parole requirements.

Domestic Violence as a Sentence Enhancer

One of the most common sentencing enhancements in Colorado is domestic violence. In the legal landscape, domestic violence doesn’t stand alone as a distinct criminal charge; rather, it is added as a sentence enhancer to other underlying offenses. This means that when an offense is committed against a person with whom the defendant has an intimate relationship, such as a spouse or partner, the potential penalties can be amplified significantly.

The rationale behind domestic violence enhancements is to acknowledge the increased harm and danger associated with offenses committed within intimate relationships. These enhancements aim to provide greater protection to victims and deter individuals from engaging in acts of violence or harassment against those with whom they have a domestic connection.

Seeking Legal Counsel for Your Criminal Case

Navigating sentencing enhancements requires a deep understanding of the law and the ability to construct a compelling defense strategy. If you are facing the potential impact of sentencing enhancements, seeking skilled legal counsel is essential. An experienced criminal defense attorney can assess your case, identify potential sentencing enhancements, and work to mitigate their impact. They can challenge the applicability of enhancements, negotiate with the prosecution, and advocate for a fair and just outcome.

Sentencing enhancements are a critical component of the criminal justice system that can significantly impact the penalties a defendant faces. Understanding the types of enhancements and how they operate is crucial for anyone involved in a criminal case. If you are facing potential sentencing enhancements or unsure whether they apply to your case, contact MBS Law today for a consultation. We can help you navigate the complex legal terrain, protect your rights, and work to achieve the best possible outcome for your case.

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Helping Clients Throughout the Denver Metro Area

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