Serving Aurora, Denver Metro & Colorado | 15+ Years of Criminal Defense Experience
Colorado Sentencing and Penalties
Understanding the Consequences of a Criminal Conviction
Understanding Colorado Sentencing and Penalties
Being charged with a crime in Colorado is stressful, but many clients find the sentencing process even more overwhelming. What penalties am I facing? Will I go to jail? Is probation possible?
The answer depends on many factors, including the type of charge, your criminal history, and the circumstances of your case. Colorado law provides detailed sentencing ranges for felonies, misdemeanors, petty offenses, and traffic crimes. Judges have discretion within those ranges, but sentencing is often heavily influenced by the prosecution’s arguments.
At The Lawrence Law Firm, we guide clients through the sentencing process, advocate for alternatives to incarceration, and fight for the lowest possible penalties.
How Sentencing Works in Colorado
If you plead guilty or are found guilty at trial, the court moves to sentencing. In Colorado, sentencing is determined by:
Type of Offense – Felony, misdemeanor, or petty offense.
Classification of the Crime – Class 1 through Class 6 felony; Class 1 or Class 2 misdemeanor.
Aggravating and Mitigating Factors – Use of a weapon, injury to victims, prior convictions, cooperation with law enforcement, etc.
Extraordinary Risk Crimes – Certain offenses carry enhanced penalties.
Mandatory Minimums – Some crimes, such as violent felonies or repeat DUIs, require jail or prison time.
The judge considers recommendations from prosecutors, probation officers, and your defense attorney before issuing a sentence. Colorado sentencing and penalties can be complicated, always speak with an attorney.
Felony Sentencing in Colorado
Colorado felonies are classified into six levels, with Class 1 being the most serious. They are defined in C.R.S. 18-1.3-401.
Class 1 Felony
Examples: First-degree murder, treason.
Penalty: Life in prison without parole (death penalty abolished in 2020).
Felony, Class 2
Examples: Second-degree murder, kidnapping, major drug trafficking.
Penalty: 8–24 years in prison, fines up to $1,000,000.
Class 3 Felony
Examples: First-degree assault, burglary, sexual assault.
Penalty: 4–12 years in prison, fines up to $750,000.
Felony, Class 4
Examples: Manslaughter, identity theft, aggravated motor vehicle theft.
Penalty: 2–6 years in prison, fines up to $500,000.
Class 5 Felony
Examples: Menacing with a deadly weapon, certain theft crimes.
Penalty: 1–3 years in prison, fines up to $100,000.
Class 6 Felony
Examples: Criminal impersonation, some drug offenses.
Penalty: 1–1.5 years in prison, fines up to $100,000.
Extraordinary Risk Felonies (such as stalking, child abuse, and aggravated robbery) increase the upper range of prison sentences.
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Misdemeanor Sentencing in Colorado
Since March 2022, Colorado has two levels of misdemeanors plus petty offenses. Colorado Revised Statute 18-1.3-501 defines these misdemeanors.
Class 1 Misdemeanor
Examples: Third-degree assault, violation of protection orders, unlawful sexual contact.
Penalty: Up to 364 days in county jail, fines up to $1,000.
Class 2 Misdemeanor
Examples: Harassment, criminal mischief (under $1,000), trespassing.
Penalty: Up to 120 days in jail, fines up to $750.
Petty Offenses
Examples: Disorderly conduct, small theft under $300, minor drug possession.
Penalty: Fines up to $300, usually no jail time.
DUI and Traffic Sentencing
Colorado treats DUI, DWAI, and traffic crimes harshly.
First DUI: Up to 1 year in jail, license suspension, fines, probation, and alcohol education.
Repeat DUIs: Mandatory jail time, ignition interlock requirements, and longer suspensions.
Felony DUI (4th offense or injury): 2–6 years in prison.
Reckless Driving: Up to 90 days in jail.
Driving Under Restraint: Up to 6 months in jail.
Traffic crimes may seem minor but can lead to license loss, higher insurance, and criminal records.
Sentencing Alternatives in Colorado
Not every conviction results in jail. Judges may impose alternatives depending on the charge, history, and circumstances.
Probation – With conditions such as drug testing, counseling, or community service.
Deferred Judgment and Sentence – If successfully completed, charges may be dismissed.
Diversion Programs – Available for certain first-time offenders.
Community Corrections (Halfway House) – Alternative to prison, allowing work release.
In-Home Detention – Electronic monitoring instead of jail.
Treatment Programs – Especially for domestic violence or substance-related crimes.
At our criminal defense firm, we advocate for these alternatives whenever possible.
Factors That Influence Sentencing
Judges weigh multiple factors when determining penalties, including:
The nature of the offense (violent vs. non-violent).
The defendant’s criminal history.
Impact on victims.
Whether a plea bargain was reached.
Cooperation with law enforcement.
Evidence of rehabilitation (treatment, employment, family support).
Strong legal advocacy can make the difference between prison time and probation.
Collateral Consequences Beyond Court Penalties
A criminal conviction affects more than just your immediate sentence. Collateral consequences may include:
Employment Issues – Difficulty passing background checks.
Housing Problems – Landlords may deny rental applications.
Immigration Consequences – Certain convictions trigger deportation or inadmissibility.
Loss of Gun Rights – Particularly for domestic violence or felony convictions.
Professional Licenses – Nurses, teachers, and other licensed professionals face discipline.
These hidden consequences make it critical to fight for the best possible outcome.
Defense Strategies to Reduce Sentencing
At The Lawrence Law Firm, we know how to fight for reduced penalties. Strategies include:
Challenging the evidence – Was the stop, search, or arrest legal?
Filing motions to suppress – Excluding unlawfully obtained evidence.
Negotiating plea agreements – Reducing felony charges to misdemeanors.
Presenting mitigating evidence – Employment, family responsibilities, treatment progress.
Pursuing diversion or deferred judgment – Keeping your record clean.
Why Choose The Lawrence Law Firm?
Sentencing is where your future is decided. Having an attorney who understands Colorado’s sentencing laws and local court practices is essential.
At The Lawrence Law Firm, we provide:
Extensive experience in both felony and misdemeanor defense.
Aggressive advocacy during plea negotiations and sentencing hearings.
Personalized strategies tailored to your circumstances.
Commitment to protecting your future, not just handling your case.
We don’t just accept the prosecutor’s recommendations—we fight for alternatives that keep you with your family, working, and moving forward.
Take Action Now – Protect Your Future
If you are facing criminal charges in Aurora, Arapahoe County, Denver, Adams County, or the Denver Metro Area, you cannot afford to wait. The sentencing and penalties in your case may define the rest of your life.
Contact The Lawrence Law Firm today for a free consultation. We will explain the penalties you are facing, outline your options, and fight to protect your rights and your future.
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Areas of Practice
Service Areas
- Denver County
- Arapahoe County
- Adams County
- Douglas County
- Jefferson County
Learn More About Colorado Sentencing and Penalties
Contact Information
Address
2821 S. Parker Rd. Suite 865 Aurora, CO 80014
Contact
lain@coloradodefenders.com Ph: 720-369-4929
Hours
Monday-Friday: 8 am - 6 pm Weekends and Afterhours By Appointment