Colorado Felony: Laws, Penalties, Sentencing, and Records

In Colorado, a felony is a serious crime that attracts a penalty of at least one year in a state prison. Conviction of a felon may result in an extended incarceration, payment of fines, loss of their civil rights, and a permanent criminal record.

What Is Considered a Felony in Colorado?

Felonies in Colorado are defined under Title 18 of the Colorado Criminal Code. Common examples of felonies in Colorado include:

• ViolentCrimes: This type of felony is widespread in the state. Examples of violent crimes include assault, robbery, and homicide.
• Drug-related Crimes: Here, standard drug-related felony charges include drug trafficking, drug manufacturing, and drug possession.
• Property Crimes: This type of felony includes burglary, theft, and arson.
• White-Collar Crimes: These crimes include financial deception, fraud, embezzlement, and money laundering.
• Sex-relatedCrimes: Common crimes include sexual assault and human trafficking.
• Weapons Charges: These felony crimes include illegal possession, unlawful discharge, and possession of firearms.

What Is a Felony in Colorado?

Colorado law defines a felony as a crime punishable by imprisonment in Colorado Department of Corrections facilities for a term exceeding one year. However, misdemeanors are crimes punishable by up to 364 days in a county jail.

In Colorado, an individual convicted of a felony may receive a prison term, fines, loss of their civil rights, and a permanent criminal record.

Felony Classes and Penalties in Colorado

In Colorado, felonies are divided into six classes based on severity. There is a sentencing range and associated fines for each class of felony, as listed below:

Colorado Felony Classes

• Class 1 Felony
  • Reserved for the most serious crimes, such as first-degree murder.
  • Penalty: Life imprisonment without parole.
  • Fine: $5,000 to $1,000,000.
• Class 2 Felony
  • Includes second-degree murder, sexual assault, and human trafficking.
  • Penalty: punishable by 8 to 24 years in prison.
  • Fine: $5,000 to $1,000,000.
• Class 3 Felony
  • Includes vehicular manslaughter, first-degree arson of an occupied structure, and theft of property with values between $100,000 and $1,000,000.
  • Penalty: 4 to 12 years in prison.
  • Fine: $3,000 to $750,000.
• Class 4 Felony
  • Includes third-degree burglary, identity theft, vehicular assault, and theft of property between $20,000 and $100,000.
  • Penalty: 2 to 6 years in prison.
  • Fine: $2,000 to $500,000.
• Class 5 Felony
  • Includes first-degree trespass, possession of burglary tools, criminally negligent homicide, and theft between $5,000 and $20,000.
  • Penalty: 1 to 3 years in prison.
  • Fine: $1,000 to $100,000.
• Class 6 Felony
  • Crimes include criminal impersonation, third-degree assaults, indecent exposure, and covering theft between $2,000 and $5,000.
  • Penalty: 12 to 18 months in prison.
  • Fine: $1,000 to $100,000.

Colorado Drug Felony Classes (DF1–DF4)

Drug-related felonies in the state are categorized into levels 1 to 4 and subject to different sentencing terms, which are listed below:

• Level 1 Drug Felony: Most serious crime (e.g., large-scale drug trafficking). Sentencing includes 8 to 32 years in prison, fines of up to $1,000,000, and a mandatory parole term of 3 years.
• Level 2 Drug Felony: Crimes like manufacturing or distributing large quantities of drugs. Sentencing includes 4 to 8 years in prison, fines ranging from $3,000 to $750,000, and a mandatory parole term of 2 years.
• Level 3 Drug Felony: Mid-level trafficking or possession with intent. Sentencing includes 2 to 4 years in prison, fines ranging from $2,000 to $500,000, and a mandatory parole term of one year.
• Level 4 Drug Felony: Lowest drug felony, often possession with intent to distribute smaller amounts. Sentencing includes a prison term of six to 12 months, fines ranging from $1,000 to $100,000, and a mandatory parole term of one year.

Felony Sentencing Guidelines in Colorado

In Colorado, several guidelines affect how the courts prosecute felony cases in the state. However, judges may alter the sentence length based on their discretion or other circumstances.

Key Sentencing Factors

• Offense Types and Classification: Crimes are classified into different classes with their own corresponding penalties.
• PresumptiveSentences: These provide a recommended range of sentences for each crime based on its offense type and classification.
• AggravatingFactors: These include prior convictions or the use of a deadly weapon, which may lead to a harsher sentence.
• Mitigating Factors: These include first-time offenses or a lack of criminal history, which could result in a lenient sentence.

Felony Laws and Procedures in Major Colorado Cities

Felonies are charged at the county level, so individuals in Colorado cities must learn about the laws and procedures from their District Courts. Major cities in counties include:

Denver (Denver County)

Most felony cases in the county begin in the County Court but are tried in the Denver District Court. Individuals may contact the Denver Clerk of Court for information on procedures for felony crimes.

Colorado Springs (El Paso County)

Felony cases in Colorado Springs are heard in the El Paso County Court. The county faces a large number of drug-related and property felonies.

Aurora (Arapahoe County)

Aurora handles felony cases in the Arapahoe County District Court, with emphasis on gang-related and weapons crimes.

How to search for felony records in Colorado

In Colorado, felony records are publicly accessible; however, certain felonies may be sealed or hidden. These sealed records are available to law enforcement, attorneys, and parties named on the records.

Individuals may search for Colorado felony records in various ways, which include:

Colorado Judicial Branch Online System

The Colorado Courts Records Search portal enables the public to search for felony case information by name or case number. Individuals may request certified copies from the Clerk of the District Court where the case was prosecuted.

Colorado Bureau of Investigation (CBI)

The Colorado Bureau of Investigation maintains statewide criminal history records, including felony records, which are available to the public for a fee.

Local Police Departments and Sheriffs

The public may obtain arrest records, which contain felony charges, from the sheriff's office and the police departments.

Why Understanding Felonies in Colorado Matters

It is important for individuals to understand the legal processes associated with felony cases, as it enables them to make informed decisions. In Colorado, felony crimes carry consequences way beyond prison terms and fines. It may affect their ability to secure jobs, get a house, or obtain a professional license.

It is essential for employers, landlords, and other stakeholders to understand the classifications for felonies in Colorado. Sentencing for felony offenses may range from 12 months to life imprisonment without the possibility of parole.