Denver Felony Lawyer

Felonies constitute the most serious types of offenses in our society. If you are charged with a felony, it means you are facing potential prison time. In fact, it is common for prosecutors to stack multiple felonies together for a single act. A defendant who used a firearm to commit robbery might be charged with armed robbery, unlawful carry of a firearm, unlawful exhibition of a firearm, etc. Defendants facing felony charges need an experienced Denver felony lawyer to represent them to reduce the charges or have the charges dismissed. At DeChant Law, we work closely with our clients so that they are never left in the dark. When everyone is working together to meet a common goal, this gives us the best chance of success.

Felonies in Colorado

There are several ways you may find yourself facing a felony allegation. The crime itself may be classified as a felony by law, an element may upgrade the misdemeanor to a felony (if you cause serious bodily injury instead of just an injury during an assault), or based on your prior criminal history, the offense now becomes a felony. Below are a few examples of crimes that are often charged as felony offenses in Colorado:

Possession of a controlled substance with intent to distribute
Theft/larceny
Menacing with a deadly weapon
Domestic violence
Robbery
Burglary
Hit and run causing serious bodily injury
Criminal mischief
Fraud
Child pornography
Identity theft

Felony Crimes of Violence

A crime of violence in Colorado is one of the following offenses during which the defendant caused serious bodily harm or death to another person, possessed a deadly weapon or threatened to use a deadly weapon, or caused any harm during the commission of a sexual offense, or used threats or force to commit the sexual offense.

First-degree and Second-degree assault
First degree burglary
Aggravated robbery
Kidnapping
Sexual assault
First degree arson
Criminal extortion
Any crime against an at-risk victim
Homicide/murder

Understanding Felony Sentencing under 18-1.3-401 C.R.S.

For most felonies, there are three possible sentencing options available to the Court: probation, community corrections, or department of corrections. Department of corrections is Colorado’s prison system. Community corrections is when you serve your prison sentence at a halfway house in the community. It is of upmost importance to fully understand what possible penalty you are facing and what possible penalty the plea offer carries so that you can make an educated decision of accepting the offer or proceeding to trial. As you will see below, felonies can be very complicated and it is important to hire a firm like DeChant Law for your Denver Felony Lawyer who can not only help you navigate through the complexities of felony sentencing but can thoroughly investigate your case while taking a personalized approach to mitigation planning to achieve the best possible outcome for your case.

Parole is Mandatory for Any Prison Sentence

If you receive a department of corrections sentence, it will come with a mandatory period of parole. Lengths of parole are associated with the class of felony, but consult with an attorney for your specific crime, as some do not follow this general rule:

Class 1 Felony—No chance of parole
Class 2 Felony— 3 or 5 year of mandatory parole
Class 3 Felony—3 years of mandatory parole
Class 4 Felony—3 year of mandatory parole
Class 5 Felony—2 year of mandatory parole
Class 6 Felony—1 year of mandatory parole

It is important to recognize that not all felonies follow this scheme. As always in law, there are general rules but there are also exceptions to the rules. It is crucial that if you are facing a felony allegation, you fully understand the possible penalty. The only way to assure yourself of this is to hire an experienced Denver Felony Lawyer who can explain to you the ins and outs of the allegations you are facing.

Community corrections is serving your prison sentence at a halfway house within Colorado’s communities. If you are sentenced to community corrections, you may have to wait several weeks in the local county jail until a bed opens. Additionally, you are not facing any period of mandatory parole if you successfully complete the community corrections sentence. To be eligible for a community correction sentence, most counties require you to be screened and accepted into the program. Based on several factors, you may or may not qualify. In most jurisdictions, your attorney can show up to bat for you and advocate for acceptance into this program to give the judge an alternative sentence option than department of corrections.

If I am Sentenced to Community Corrections or Prison, How Long Will it Be?

Felonies have presumptive ranges assigned based on the class of felony. A class 6 felony is the least severe while a class 1 felony is the most severe. In addition to the presumptive range, you may qualify for a mitigated range sentence. On the other hand, you may also find yourself facing an enhanced or aggravated sentencing range. As explained above, it is of the most upmost importance to understand the risks involved when determining if you want to accept a certain plea offer or take your felony to trial. Below is a list of the presumptive ranges but every charge should be evaluated on its own and not simply throwing into this generic sentencing outline for complete accuracy. See below a chart for the presumptive ranges of community corrections and department of corrections for felonies in Colorado:

Class 1 Felony—Life
Class 2 Felony—8-24 years
Class 3 Felony—4-12 years
Class 4 Felony—2-6 years
Class 5 Felony—1-3 years
Class 6 Felony—18 months

How to be Sentenced in the Mitigated Range?

If the Court finds extraordinary mitigation circumstances exist, the Court may sentence you within the mitigated range. The Court is required to make factual findings to support its decision and is guided to consider factors like diminished culpability associated with youth, developmental maturity and inability to appreciate risks and consequences, the offender’s capacity for change and rehabilitation, the impact of offense upon any victim, and any other factors the court deems relevant. Generally, mitigated sentencing ranges are half the minimum presumptive range to the presumptive maximum. Meaning, the presumptive range on a class 4 felony is 2-6 years. If you are sentenced within the mitigated range, your range would be 1-6 years.

You should be aware that you could be facing longer terms of prison if your charge is enhanced or classified as extraordinary risk. Enhanced sentences are present if you were on bond in another pending felony or on a felony deferred judgment at the time you picked up the new offense. Extraordinary sentences are applicable for certain distribution of controlled substances, stalking, child abuse, and other enumerated offenses. If your felony falls into the enhanced sentencing range, your sentencing range becomes are facing the follow possible sentence:

Class 1 Felony—Life Sentence
Class 2 Felony—16-48 years in prison
Class 3 Felony—10-32 years in prison
Class 4 Felony—5-16 years in prison
Class 5 Felony—2-6 years in prison
Class 6 Felony—18 months to 4 years in prison

Is my Felony Aggravated?

There are several enumerated ways to find yourself facing an aggravated sentence. If you are convicted of a crime of violence, if you are on parole at the time of commission of the new felony, or the court finds specific aggravating circumstances apply in your case. An aggravated sentence means your range is at least the midpoint in the presumptive range but not more than twice the maximum allowed. If you were convicted of a class 4 felony that carries a presumptive range of 2-6 years, your aggravated range would become 4-12 years. If your felony falls into the aggravated sentencing range, you are facing the follow possible sentence:

Class 1 Felony—Life Sentence
Class 2 Felony—16-48 years
Class 3 Felony—8-24 years
Class 4 Felony—4-12 years
Class 5 Felony—2-6 years
Class 6 Felony—9 months to 3 years

What is an extraordinary risk crime?

Extraordinary risk crimes are specifically identified within the statutes. The most common examples of an extraordinary risk crime are child abuse, distribution or intent to distribute controlled substances, second degree assault and sexual exploitation of a child.

Class 3 Felony—4-16 years
Class 4 Felony—2-8 years
Class 5 Felony—1-4 years
Class 6 Felony—1-2 years

What is a Crime of Violence?

Some crimes are automatically deemed a crime of violence (most commonly crimes that include serious bodily injury or use of a deadly weapon) and some may be charged as a crime of violence. If you find yourself facing a crime of violence, you will be facing the aggravated sentencing range but are not eligible for probation or community corrections. This means the only possible penalty is prison. If you are facing a crime of violence the best possible outcome, short of dismissal, is negotiating a plea agreement that is probation eligible so that you have more favorable sentences available at the time of sentencing. The following offenses are examples of crimes of violence:

Murder in the Second-Degree
Manslaughter
Criminally Negligent Homicide
Assault in the First-Degree
Assault in the Second-Degree

Call a Denver Felony Lawyer Today

There are countless ways to defend against felony charges, from analyzing police records to determine whether your civil rights were violated, to picking apart the prosecution’s case for inconsistencies. The sooner you talk to an attorney, the better, as it gives your legal team the time to get ahead of the prosecution, gather our own evidence, and begin mounting a defense strategy designed specifically for your unique case. To talk to Denver felony lawyer Reid DeChant, call DeChant law today at 303-409-7500 for a free consultation.