In Colorado, a felony is the most serious category of criminal offense. By definition, a felony is a crime punishable by a sentence of at least one year in state prison and/or a significant fine.
But it may be possible to serve probation instead of prison for certain offenses. There are six classes of felony crimes and four levels of drug felonies.
In this article, our Denver Colorado criminal defense attorneys discuss:
- 1. What are felonies in Colorado?
- 2. What are the penalties?
- 3. Are defendants entitled to a jury trial?
- 4. What is the statute of limitations to bring criminal charges?
- 5. Can immigrant defendants be deported?
- 6. What rights do felons lose in Colorado?
- 7. Can the criminal record be sealed?
1. What are felonies in Colorado?
The most serious category of Colorado crimes is felonies. Felony offenses carry harsher punishments than lower-level crimes such as Colorado misdemeanors and petty offenses.
Colorado felony criminal offenses (other than drug felonies) are divided into six basic classes. From most serious to least serious, they are:
Meanwhile, drug felonies fall into four different levels. From most serious to least serious, they are:
There are also some unclassified felonies. Their penalties vary by crime.1
2. What are the penalties?
Colorado felony sentencing depends on the class of crime. See the table below.
|
Colorado felony class |
Prison sentence |
Fines |
Mandatory parole |
| Class 1 felony | Life | n/a | n/a |
| Class 2 felony | 8 – 24 years | $5,000 – $1,000,000 | 3 years (5 years for crimes of violence) |
| Class 3 felony | 4 – 12 years | $3,000 – $750,000 | 3 years |
| Class 4 felony | 2 – 6 years | $2,000 – $500,000 | 3 years |
| Class 5 felony | 1 – 3 years | $1,000 – $100,000 | 2 years |
| Class 6 felony | 1 year – 18 months | $1,000 – $100,000 | 1 year |
Note that no Colorado crime carries the death penalty. Also note that extraordinary risk felonies – which pose an increased risk of harm to society – carry an enhanced sentence.
|
Extraordinary risk felony class |
Maximum prison sentence |
| Class 3 felony | 16 years |
| Class 4 felony | 8 years |
| Class 5 felony | 4 years |
| Class 6 felony | 2 years |
Certain Colorado felonies are considered crimes of violence, which carry a mandatory, enhanced Colorado State Prison term. And although felonies are more serious than misdemeanors, extraordinary risk class 1 misdemeanors carry up to 18 months of county jail time – six months longer than the minimum felony prison sentence.
Not all those convicted of serious felonies are incarcerated, however. Colorado law authorizes many alternatives to prison, including:
Deferred prosecution and sentencing allow defendants to attend appropriate counseling and education courses (for instance, for anger management or drug treatment). Upon successful completion of such classes, charges are reduced to misdemeanors or, in some cases, dismissed.
Learn more in our articles Colorado felony sentencing guidelines and Does Colorado use concurrent or consecutive sentencing?
Drug felonies
Colorado drug felony crime penalties depend on the offense level. Note that aggravated drug felonies carry enhanced sentences. Aggravating factors are when the defendant was either:
- on parole,
- on probation or bond for another felony,
- in confinement for a felony,
- an escapee from confinement for a felony
|
Colorado drug felony class |
Prison sentence |
Aggravated prison sentence |
Fines |
Drug offender surcharge |
Mandatory parole |
| Class 1 drug felony | 8 – 32 years | 12 – 32 years | $5,000 – $1,000,000
|
$4,500 | 3 years |
| Class 2 drug felony | 4 – 8 years | 8 – 16 years | $3,000 – $750,000 | $3,000 | 2 years |
| Class 3 drug felony | 2 – 4 years | 4 – 6 years | $2,000 – $500,000 | $2,000 | 1 year |
| Class 4 drug felony | 6 months – 1 year | 6 months to 2 years | $1,000 – $200,000 | $1,500 | 1 year2 |
3. Are defendants entitled to a jury trial?
Yes. Defendants charged with Colorado felonies can have a jury trial with 12 jurors (but the defendant can ask for as few as six). Otherwise, defendants can have a bench trial with just the judge and no jury.3
4. What is the statute of limitations to bring criminal charges?
District attorneys can bring criminal charges anytime in cases for
- murder,
- treason,
- kidnapping,
- felony forgery,
- sex crimes against a child, and
- sex assault (if the crime was reported within 20 years, and there is DNA evidence).
Otherwise, most felonies have a three-year statute of limitations.
Note that there is a five-year statute of limitations for vehicular homicide (CRS 18-3-106) with no hit and run. If there is a hit and run, the statute of limitations is 10 years.
And for felony sexual contact with a child 15 or older, the statute of limitations is 10 years after the incident – or 10 years after the victim reaches 18. And in sexual assault crimes when the victim is at least 15, the statute of limitations is 20 years – or 20 years after the victim reaches 18.
Certain other felonies such as bribery have a six-year statute of limitations. And for theft or crime, the statute of limitations does not start running until the crime is discovered.
Note that the statute of limitation tolls (pauses) for up to five years if the defendant is not physically in Colorado.4
Colorado felony sentences are served in state prison, not county jail.
5. Can immigrant defendants be deported?
It depends on the specific charge. For more serious crimes, non-citizen defendants will likely be deported after serving their sentence.5 Learn more about the criminal defense of immigrants in Colorado.
6. What rights do felons lose in Colorado?
Convicted felons are never allowed to own or possess firearms under the state and federal criminal justice systems. However, firearm rights can be restored through a Governor’s Pardon.6
Convicted felons also lose the right to serve on a grand jury, but they may still serve on a trial jury.7
Meanwhile, convicted felons lose the right to vote while they are in prison. But upon a successful completion of the prison sentence, convicted felons may vote.8
Finally, convicted felons also cannot hold office while they are in prison (or on probation), but this right is usually restored once the case is over.9
7. Can the criminal record be sealed?
Colorado law does not allow sealing convictions of level 1 drug felonies, class 1 felonies, class 2 felonies, or class 3 felonies. Also, felony convictions for sexual offenses, DUIs, or domestic violence can never be sealed.
Meanwhile, level 2 drug felony convictions can be sealed five years after the case ends. And all remaining felonies can be sealed three years after the case ends.
Note that any felony charge that gets dismissed can be sealed right away.10 Learn more about Colorado criminal record sealing.
Additional Reading…
Also read our articles on the Colorado offenses of first-degree murder (CRS 18-3-102), sexual assault (CRS 18-3-402), human trafficking (CRS 18-3-503), theft of property (CRS 18-4-401), second degree burglary (CRS 18-4-203), aggravated robbery (CRS 18-4-302), disarming a peace officer (CRS 18-8-116), sexual exploitation of a child (CRS 18-6-403), first degree assault (CRS 18-3-202), child abuse (CRS 18-6-401), and sex offenses (sex offender registry).
Read our related articles about reducing a felony to a misdemeanor and habitual offender sentencing.
Legal References
- CRS (criminal statute) 18-1.3-401; CRS 18-1.3-401.5.
- Same; see also People v. Wolfe (Colo. App. 2009). 213 P.3d 1035.
- CRS 18-1-406.
- CRS 16-5-401; People v. McKinney (2004) 99 P.3d 1038.
- 8 USC 1227 – 1228.
- CRS 18-12-108.
- CRS 13-71-105.
- Colo. Const. art. VII, § 10. CRS 1-2-103(4).
- CRS 18-1.3.401(3).
- CRS 24-72-703 – 708.