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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Call Us NowClass 5 felonies in Colorado are a class of felony crimes punishable by one to three years in state prison and/or $1,000 to $100,000 in fines, with a two-year parole period. Examples include criminally negligent homicide, possession of burglary tools, and first-degree trespass.
In this article, our Colorado criminal defense attorneys discuss:
Class 5 felonies are the second least serious category of Colorado felony offenses. Colorado law divides felonies into six categories, from class 1 (the most serious) to class 6 (the least serious).1
The typical presumptive penalties for class 5 felonies include one to three years in Colorado State Prison and/or a fine of $1,000 to $100,000, as well as two years of parole.
But the prison ranges can be laxer or harsher depending on how Colorado law classifies the felony and whether there are aggravating factors. For instance, extraordinary risk felonies are serious crimes that present a high probability of harm to society.
Colorado class 5 felony |
Sentence range |
Presumptive |
2 years of mandatory parole |
Extraordinary risk |
2 years of mandatory parole |
Enhanced |
2 years of mandatory parole |
Aggravated |
2 years of mandatory parole |
Exceptional circumstances |
2 years of mandatory parole |
Aggravated & extraordinary risk (most crimes of violence) |
2 years of mandatory parole |
Enhanced & extraordinary risk |
2 years of mandatory parole |
Exceptional circumstances & extraordinary risk |
2 years of mandatory parole |
Note that defendants with at least two prior felony convictions must serve prison. They cannot be sentenced to just a fine.
Also note that class 5 felonies never carry life imprisonment. And no Colorado crime carries the death penalty.2
Learn more in our article Colorado felony sentencing guidelines.
Twenty examples of class 5 felonies include:
Examples of extraordinary risk class 5 felonies in Colorado include:
See the state government’s official list of Colorado class 5 felonies.
Yes. Under the Colorado criminal justice system, people charged with class 5 felony crimes are entitled to a jury trial with 12 jurors. With the court’s approval, the defendant can choose to have a smaller jury of at least six people or a bench trial with just the judge and no jury.3
Prosecutors usually have three (3) years after the alleged commission of a class 5 felony to press charges. But for theft- or fraud-related class 5 felony charges, this three-year clock usually does not begin running until after the theft or fraud is discovered. And if the criminal suspect is not in Colorado, the statute of limitation tolls (pauses) for no more than 5 years.4
It depends on the specific felony criminal offense. Serious felonies involving violence, firearms, controlled substances, or carrying long prison sentences are more likely to be deportable.5 Learn more about the criminal defense of immigrants in Colorado.
Yes. Convicted felons are not allowed to own or possess firearms. Though firearm rights can be restored through a Governor’s Pardon.6
Most Colorado convictions for class 5 felonies can be sealed three (3) years after the case ends. And if the charge gets dismissed, then the defendant can pursue a record seal immediately.7
Note that any felony convictions for sex offenses, DUIs, or domestic violence can never be sealed.8 Learn more about Colorado criminal record sealing.