Colorado Felony Offenses: Classes and Sentencing

Like other states, Colorado classifies crimes and offenses into categories based on the seriousness of the offense. Infractions are the least serious offenses, commonly assigned for traffic violations and other petty offenses. Misdemeanor crimes are those crimes punishable by a maximum of 12 months in a Colorado county jail within the jurisdiction of the crime and up to $5,000 in fines. Felony offenses are the most serious crimes with far more severe penalties than infractions and misdemeanors.

If you are facing felony offense charges in Colorado, it’s essential to understand the classes and sentencing structure for felony crimes.

Felony Classifications in Colorado

Felony drug crimes have a different classification structure than other felony crimes in Colorado. While drug crime felonies fall into four levels, other felony crimes have six classes. The six classes for non-drug-crime felonies include:

• Class 1 Felonies

This category includes the most egregious crimes, such as murder and treason. Penalties for a class 1 felony conviction are punishable with sentences of up to life in prison (Colorado no longer has the death penalty).

• Class 2 Felonies 

This felony classification may require imprisonment for eight to 24 years plus a mandatory parole period of three years. Class 2 penalties for violent crimes include 16 to 48 years in prison and mandatory parole for five years. Fines for class 2 felonies are significant, ranging from $5,000 to one million dollars.

• Class 3 Felonies

A conviction for Class 3 felonies may result in imprisonment for four to 12 years with three years of mandatory parole. Sentences for class 3 felony violent crimes may require imprisonment from 10 to 32 years with mandatory parole for five years. Class 3 felonies involving extraordinary risk of harm to others may require imprisonment for four to 16 years and five years mandatory parole. Fines for Class 3 felonies range from $3,000 up to $750,000.

• Class 4 felonies 

A class 4 felony conviction carries sentences of two to six years with mandatory parole of three years. Class 4 violent crime penalties are from five to 16 years with three years of mandatory parole, while Class 4 crimes with extraordinary risk may result in two to eight years prison sentences with a mandatory parole period of three years. Fines for Class 4 felonies range from $2,000 to $500,000.

• Class 5 felonies 

A Class 5 felony conviction may require one to three years in prison and two years of mandatory parole. Class 5 violent crime penalties range from 30 months to eight years in prison and three years of mandatory parole. Class 5 convictions with extraordinary risk of harm to others may require imprisonment for one to four years, plus two years of mandatory parole. Fines for Class 5 felonies range from $1,000 to $100,000

• Class 6 felonies 

A Class 6 felony may require a sentence of 12 to 18 months. Class 6 violent felony crimes may result in 18 months to four years of prison, while Class 6 felonies with extraordinary risk to others carry penalties of one to two years in prison. Fines for class 6 felonies range from $1,000 to $100,000.

Our skilled criminal defense legal team can help you navigate and understand your charges and their penalties.

Felony Drug Crime Classes and Sentencing

Colorado categorizes drug crimes under levels, with punishments depending on the seriousness of the crime. Under the law, the following drug crime categories come with standard sentences.

• Level 1 drug felonies: Convictions carry sentences of eight to 32 years in prison, with fines ranging from $5,000 to $1,000,000. Convictions also come with three years of mandatory parole.
• Level 2 drug felonies: sentences range between four and eight years in prison with an aggravated range of up to 14 years, plus fines ranging from $3,000 to $750,000. With a mandatory parole period of two years.
• Level 3 drug felonies: sentences fall between two to four years in prison with an aggravated range of four to six years, plus fines of $2,000 to $500,000. Level 3 drug felony convictions also include a mandatory parole period of one year.
• Level 4 drug felonies: convictions carry between six to 12 months prison time with an aggravated range of one to two years, plus $1,000 to $100,000 in fines. A conviction also requires a one-year mandatory parole period.

What Do Judges Consider When Sentencing for a Felony Conviction in Colorado?

The above sentencing limits are set by the Colorado legislature, but judges have the ultimate authority to hand down prison sentences and fines for felony convictions in their court cases. They consider all relevant factors such as the nature and severity of the offense, the consequences of the crime to victims, and any aggravating (worsening) or mitigating factors. They also consider the age and mental health of the offender, and offender’s criminal history. A judge is more likely to make lenient sentencing decisions for an offender with no previous criminal history and harsher sentences for previous offenders.

Colorado judges also have considerable leeway in handing down sentences outside of the state’s provisions, and may determine other options are more appropriate for the offender such as a home detention program, a restitution and community service program, or a community corrections program. Judges may also “stay” or suspend incarceration in favor of conditional probation which could include a requirement to attend a drug or alcohol treatment program, counseling, or anger management classes.

Parole for Felony Offenders

Some convicted felony offenders become eligible to apply for discretionary parole release after serving at least half of their sentence. The Colorado State Board of Parole reviews the request and has the discretion to grant the request, deny it, or defer it for later consideration. Once denied parole, the offender must wait another year before reapplying. When the parole board grants parole, they set the conditions for the offender’s parole period.

Parole eligibility may be delayed due to an offender’s misconduct in prison or could be offered early to an offender who earns credits by making progress on goals set for their treatment or education while incarcerated.