Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado In-Depth
It is normal to be frightened and overwhelmed following an arrest. Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law.
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In Colorado, a crime of violence carries longer potential prison sentences than non-violent offenses in the same felony category. Only a certain number of offenses are designated as crimes of violence. These include rape, aggravated robbery, and kidnapping.
These crimes carry enhanced penalties only if the defendant used a deadly weapon, killed or seriously injured someone, or – in cases of certain sex crimes – used threats, force or caused any bodily injury.
The language of CRS 18-1.3-406 states that:
(1)(a) Any person convicted of a crime of violence shall be sentenced pursuant to the provisions of section 18-1.3-401(8) to the department of corrections for a term of incarceration of at least the midpoint in, but not more than twice the maximum of, the presumptive range provided for such offense in section 18-1.3-401(1)(a) , as modified for an extraordinary risk crime pursuant to section 18-1.3-401(10) , without suspension; except that, within ninety-one days after he or she has been placed in the custody of the department of corrections, the department shall transmit to the sentencing court a report on the evaluation and diagnosis of the violent offender, and the court, in a case which it considers to be exceptional and to involve unusual and extenuating circumstances, may thereupon modify the sentence, effective not earlier than one hundred nineteen days after his or her placement in the custody of the department.
Potential Colorado crimes of violence are:
And these become crimes of violence only if – during the planning or commission of the crime – the defendant:
Meanwhile, the following unlawful sexual offenses can be crimes of violence even if there is no serious injury or deadly weapon. But the defendant does have to cause some bodily injury or else have used threats, intimidation, or force against the victim.
In order to calculate the mandatory sentencing range for most crimes of violence, first determine what class of extraordinary risk crime the COV belongs to. Under Colorado felony sentencing guidelines, each crime class has a presumptive sentence with a minimum and maximum prison term.
A COV’s minimum sentence is the midpoint of the presumptive range. And a COV’s maximum sentence is twice the maximum of the presumptive range.3
Example: Jeff faces 2nd-degree assault charges for hitting his ex with a lead pipe. He claims self-defense, but he gets convicted anyway. Normally, extraordinary risk class 4 felonies like 2nd-degree assault carry two to eight years in prison. But since the pipe was a deadly weapon, Jeff gets sentenced of a crime of violence. The mandatory minimum sentence is halfway between two and eight, which is five years. And the maximum sentence is eight doubled, which is sixteen. Therefore, Jeff faces five to sixteen years in prison.
In general, the enhanced penalty range for Colorado COVs are:
Colorado COV | Sentence (in general) |
Class 2 felonies | 16 to 48 years in prison |
Class 3 felonies | 10 to 32 years in prison |
Class 4 felonies | 5 to 16 years in prison |
Class 5 felonies | 2.5 to 8 years in prison |
Class 6 felonies | 1.5 to 4 years in prison5 |
Note that five years are added to the mandatory sentence if a dangerous weapon or semiautomatic assault weapon was involved.4
For certain sex crimes listed below, the maximum COV penalty is life in prison. (The minimum is still halfway between the presumptive range.) These sex offenses include:
COV sentences may be modified where the court finds unusual and extenuating circumstances. In the rare event this happens, COV defendants still must serve no less than 119 days in the Department of Corrections before being released.6
Defendants convicted of multiple crimes of violence arising out of the same incident generally must serve their sentences consecutively rather than concurrently. The only time the court may allow the sentences to be served concurrently is if one of the crimes was:
Yes. Although crimes of violence have mandatory minimum sentences, the judge can grant a lesser sentence in cases they consider:
If the defendant is eligible, the sentence modification may even include probation.
Note that this sentence modification may not take effect until the defendant’s 119th day of prison.8
Michael Becker has over a quarter-century's worth of experience as an attorney and more than 100 trials under his belt. He is a sought-after legal commentator and is licensed to practice law in Colorado, Nevada, California, and Florida.