Colorado Springs Felony Defense Lawyer
Felony Sentencing
Like in many U.S. states, Colorado judges and juries have some flexibility when it comes to sentencing people who are convicted of crimes under state law. This flexibility allows courts to consider factors such as the person's prior criminal record, the circumstances of the individual case, and the risks, if any, that a convicted person may pose to the community by serving less or no prison time.
However, Colorado courts do not have total leeway to decide what amounts of prison time or fines to impose when a person is convicted of a Colorado felony. Instead, courts must consider that nearly all Colorado felonies are classified by number, and that some are considered "extraordinary risk crimes" that may warrant a more severe penalty than would usually be given.
Colorado sentencing uses six different "classes" of felonies. Felonies are often referred to according to the class they fall in. Class 1 felonies are the most severe crimes, such as premeditated or first-degree murder, which carry the most severe penalties, up to and including the death penalty. By contrast, class 6 felonies are the least severe and carry a penalty of less than two years of imprisonment. As of 2011, Colorado's six classes of felonies required sentences for them to fall within the following ranges:
Class 1 felonies carry a minimum sentence of life imprisonment and a maximum sentence of death. Since a person convicted of a class 1 felony is expected never to get out of prison alive, no minimum amount of parole and no fines are set for this class of felonies.
Class 2 felonies carry a sentence of eight to 24 years in prison, plus at least five years of parole. A person convicted of a class 2 felony may also be required to pay fines of $5,000 to $1,000,000.
Class 3 felonies carry a sentence of four to 12 years in prison, plus at least five years of parole. A person convicted of a class 3 felony may also be required to pay fines of $3,000 to $750,000.
Class 4 felonies carry a sentence of two to six years in prison, plus at least three years of parole. A person convicted of a class 4 felony may also be required to pay fines of $2,000 to $500,000.
Class 5 felonies carry a sentence of one to three years in prison, plus at least two years of parole. A person convicted of a class 5 felony may also be required to pay fines of $1,000 to $100,000.
Class 6 felonies carry a sentence of twelve to eighteen months in prison, plus at least one year of parole. A person convicted of a class 6 felony may also be required to pay fines of $1,000 to $100,000.
Any other elements of a sentence, like probation, community corrections, or work release may also be required in addition to prison time.
In addition, Colorado allows courts to go "above and beyond" the sentence lengths required by each class of felony if the felony committed is one that the Colorado legislature has decided is an "extraordinary risk crime." These are acts that pose a high risk of causing death or serious injury to members of the community. If a crime is an "extraordinary risk crime," the prison sentence imposed on a person who is convicted of that crime will not usually be lower than the middle of the sentencing ranges, and may be as high as the top of the sentencing range plus half.
Felony sentencing involves several complex and often confusing factors. If you're facing sentencing for a felony in Colorado, experienced Colorado Springs felony defense attorney Timothy Bussey at The Bussey Law Firm, P.C. can help you fight for the most favorable sentencing outcome in your case. Contact the firm today for more information about your legal rights and options for defense.
Colorado Springs felony lawyer Timothy Bussey at The Bussey Law Firm, P.C. in Colorado represents clients in Colorado Springs and throughout El Paso County, including the cities of Fountain, Manitou Springs, and Monument.
The Bussey Law Firm, P.C.
12 E. Boulder Street
Colorado Springs, CO 80903
Phone: (719) 475-2555
Fax: (719) 475-0046