Understanding Offense Classifications and Legal Violations Definitions
Many people are not aware of what the terms of sentencing and probation include when a crime is a felony, misdemeanor, or municipal violation in Colorado. As a criminal defense attorney with over three decades of legal experience, I am well versed in all of the guidelines and the best negotiation strategies to help minimize the impact of a criminal conviction.
Here is a general outline of how sentencing is determined in Colorado.
Felony
- There are six classes (F1 through F6) of felonies for sentencing purposes. Possible sentences:
- May include up to 90 days jail or two years of work release,
- Evaluation and treatment for addictions
- Any term or condition reasonably related to rehabilitation and ensuring the defendant will lead a law abiding life
- All felony prison sentences have mandatory parole periods set by statute
- Length of probation can be for any length of time
- Some sex offenses have indeterminate (lifetime) probation
- The “two felony rule” bars probation as a possible sentence for people with two prior convictions unless that rule is waived by the prosecution and that waiver is accepted by the court
Philip M. Smith • Attorney Denver Colorado
Offense Classifications in Denver Colorado Criminal Court
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Felonies Committed on or after July 1, 1993 |
Other terms of sentencing that may be imposed:
- After only one felony conviction of some serious offenses, probation is not a possible sentence.
- Community service, (useful public service) UPS
- Restitution, if any, is mandatory for all convictions regardless of sentence
- Community Corrections, Comm Corr or Half Way House is an alternative to prison and probation.
- Length of time of probation is not controlled by the possible prison sentence
- Prison
- Length of sentence governed by sentencing statutes
- Some crimes, upon conviction, have mandatory prison sentences
- All felony prison sentences have mandatory parole periods set by statute
As to any person sentenced for a felony committed on or after July 1, 1993, felonies are divided into six classes which are distinguished from one another by the following presumptive ranges of penalties, which are authorized upon conviction. The following conditions are not reflected in this section.
- Extraordinary risk crimes
- Habitual criminal
- Mandatory sentencing
- Exceptional Circumstances
- Sex offenses with a classification of Class 4 or higher
Misdemeanor and Petty Offenses
There are three classes of misdemeanors (M1, M2, M3) and two class of petty offenses (PO1, PO2) for sentencing purposes. Some Traffic offenses are treated as misdemeanors.
Probation
- Can be up to five years
- Can include up to 60 days jail as a term of probation, and a maximum allowed by statute can be suspended on condition of compliance with other terms of the sentence
- Can include any term or condition, including evaluations and treatment for addictions, and any other term or condition reasonably related to rehabilitation and ensuring the defendant will lead a law abiding life
- Community service, UPS
- Restitution, if any, is mandatory on all convictions regardless of the sentence
- Jail
- Length of jail is based on the level of offense
Misdemeanor Committed on or after July 1, 1993 |
Municipal Ordinances Violations
Most cities and towns in Colorado have municipal ordinance violations that allow for a maximum fine of $1000 and one year in jail regardless of the offense.
- Exceptions to these limits are usually for traffic matters and possession of small amounts of marijuana and drug paraphernalia.
No matter what Colorado criminal charge you are facing, no matter what court you are in, having the skill of a knowledgeable criminal defense attorney guide you through the maize of arraignments, preliminary hearings, motion hearings, pretrial and trial preparations will put your mind at ease. You will know what is in front of you and be able to trust your attorney to help you make the best decisions in your case. Call me.
Contact My Denver Law Office
If you have questions about criminal charges, I encourage you to contact me, Philip M. Smith, Denver Criminal Defense Lawyer, 303-333-8900 today for a free and confidential initial consultation.
