Sentencing
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GUSTAFSON LAW OFFICE
Colorado Springs, Colorado    El Paso County
Robert D. Gustafson  *  Attorney at Law  *  Colorado Springs
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COLORADO CLASSIFICATION & PRESUMPTIVE SENTENCING

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Attorney Vita

Phone (719) 260-1002
Fax (719) 260-1003  **  Toll Free (800) 410-1002
Hours Consultation Terms Retainer Documents Directions Maps Travel * Trade Area
 

COLORADO CRIMINAL SENTENCING
OFFENSE CLASSIFICATION & PRESUMPTIVE SENTENCING

ATTORNEY HOMEPAGE

felony ** misdemeanor ** petty offenses ** DUI ** DWAI ** DEAC ** traffic offenses    ****    presumptive range * minimum range * maximum range
Colorado Springs Criminal Defense Lawyer and Traffic Defense Lawyer

Attorney Trial Practice 30+ years Colorado State Courts, Colorado Springs Municipal Court & Colorado DMV License Hearings & Appeals

representation inquiries are invited & most welcome ** questions from public seeking free advice or information declined ** first consultation terms
attorney does not accept installment payments  *  full payment is due at the time attorney is retained  *  major charge cards accepted
 

WEBPAGE INDEX

 

Traffic Infraction Traffic Misdemeanor Petty Offense Misdemeanor Offense
Felony Offense Not Classified Vehicle Forfeiture Sealing Criminal Justice Records
Other Sentencing Provisions - applies to any type of offense Sentencing - Habitual Criminals Deferred Sentencing
Sentencing - Municipal Court Probation In-Patient Drug & Alcohol Rehab Weapon Prohibition
 
Bail Bond Public Service Remedial Links Completion Forms

 
 ATTORNEY POLICIES
  Cases Outside Colorado Springs - Travel
 No Pro Bono Assistance  *  No Installment Payment
 Legal Advice Limited to Clients - Not General Public
 Representation Now - Another Attorney or Self
 Attorney Representation & Declined Matters
 No Post Sentencing - Revocation or Appeal * Sealing Records
 

attorney does not accept criminal & traffic cases after sentencing unless he defended the underlying case
non-acceptance includes probation revocation, deferred sentence revocation, parole violation or appeal  **  eligible sealing and collateral attack cases accepted
 

Criminal Defense  *  Traffic Defense  *  DMV Defense

This web page is a brief summary - by no means does it cover all aspects of sentencing

CRIMINAL & TRAFFIC COURT COSTS
County Court
CRIMINAL COSTS
District Court
CRIMINAL COSTS
above links direct to costs * * link on right to state website
COLORADO STATE COURT WEBSITE
link to Colorado Judicial Branch website -  current costs
COLORADO STATE COURT COSTS

TRAFFIC CASE - INFRACTION - SENTENCING
traffic infraction - penalty assessment procedure (pay by mail) may be utilized - CRS 42-4-1701 §§ (5)(a) & (7)
Classification - Presumptive Sentencing Penalties
Colorado Springs Attorney Robert D. Gustafson
caveat: statutes may have been amended since last updated here

Colorado State Court Traffic Infraction
synopsis of how cases progress through court system

 
TRAFFIC INFRACTIONS    Presumptive Jail Presumptive Fines
CRS 42-4-1701 Minimum   Maximum Minimum   Maximum
Class A Traffic Infraction Classification (TI-A) None None $15  $100 
Class B Traffic Infraction Classification (TI-B) None None $15  $100 

 

TRAFFIC CASE - MISDEMEANOR - SENTENCING
Classification - Presumptive Sentencing Penalties
Colorado Springs Attorney Robert D. Gustafson
caveat: statutes may have been amended since last updated here

Colorado State Court Traffic Offense
synopsis of how cases progress through court system

 
MISDEMEANOR TRAFFIC OFFENSES  Presumptive Jail Presumptive Fines
CRS 42-4-1701 Minimum   Maximum Minimum   Maximum
Class 1 Misdemeanor Traffic Offense Classification (T-1) 10 days 1 year $300  $1,000 
Class 2 Misdemeanor Traffic Classification (T-2) 10 days 90 days $150 $300

 

CRIMINAL CASE - PETTY OFFENSE - SENTENCING
class 2 petty offense - penalty assessment procedure (pay by mail) may be utilized - CRS 16-2-201
Classification - Presumptive Sentencing Penalties
Colorado Springs Attorney Robert D. Gustafson
caveat: statutes may have been amended since last updated here

Colorado State Court Petty Offense
synopsis of how cases progress through court system

 
PETTY CRIMINAL OFFENSES Presumptive Jail Presumptive Fines
CRS 18-1.3-503 Minimum   Maximum Minimum   Maximum
Class 1 Petty Classification (P-1) None 6 months None $500 
Class 2 Petty Classification (P-2) None None per statute charged per statute charged
Penalty assessment procedure (pay by mail) may be utilized - CRS 16-2-201

 

CRIMINAL CASE - MISDEMEANOR OFFENSE - SENTENCING
Classification - Presumptive Sentencing Penalties
Colorado Springs Attorney Robert D. Gustafson
caveat: statutes may have been amended since last updated here

Colorado State Court Misdemeanor Offense
synopsis of how cases progress through court system

 
MISDEMEANOR CRIMINAL OFFENSES  Presumptive Jail Presumptive Fines
CRS 18-1.3-501 Minimum   Maximum Minimum   Maximum
Class 1 Misdemeanor Classification (M-1)  6 months 18 months $500 $5,000
Class 2 Misdemeanor Classification (M-2) 3 months 12 months $250 $1,000
Class 3 Misdemeanor Classification (M-3) None 6 months $50 $750

 

CRIMINAL CASE - FELONY OFFENSE - SENTENCING
Classification - Presumptive Sentencing Penalties
Colorado Springs Attorney Robert D. Gustafson
caveat: statutes may have been amended since last updated here

Colorado State Court Felony Offense
synopsis of how cases progress through court system

 
FELONY CRIMINAL OFFENSES Presumptive Prison Presumptive Fines
CRS 18-1.3-401 Minimum Maximum Parole Minimum Maximum
Class 1 Felony Classification (F-1) Life Imprisonment Death n/a None None
Class 2 Felony Classification (F-2) 8 years 24 years 5 years $5,000 $1,000,000
F-2 Mitigated 4 years 12 years      
F-2 Aggravated 8 years + 1 day 48 years      
Class 3 Felony Classification (F-3) 4 years 12 years 5 years $3,000 $750,000
F-3 Mitigated 2 years 6 years      
F-3 Aggravated 12 years + 1 day 24 years      
Class 4 Felony Classification (F-4) 2 years 6 years 3 years $2,000 $500,000
F-4 Mitigated 1 year 3 years      
F-4 Aggravated 2 years + 1 day 12 years      
Class 5 Felony Classification (F-5) 1 year 3 years 2 years $1,000 $100,000
F-5 Mitigated 6 months 18 months      
F-5 Aggravated 3 years + 1 day 6 years      
Class 6 Felony Classification (F-6) 1 year 18 months 1 year $1,000 $100,000
F-6 Mitigated 6 months 9 months      
F-6 Aggravated 1 year + 1 day 3 years      
 

two felony convictions - minimum sentence mandatory - no probation  CRS 18-1.3-401(1)(b)(II)

Mitigation - not less than one-half the presumptive minimum sentence  CRS 18-1.3-401(6)

Aggravation - not more than twice the presumptive maximum sentence.  CRS 18-1.3-401(6)

Extraordinary aggravating circumstances - at least midpoint presumptive sentence, not more than twice presumptive maximum sentence.  CRS 18-1.3-401(8)(a)  Examples - crime of violence, on parole - probation or bond when offense committed.  There are any more aggravating circumstances contained in CRS 18-1.3-401(8)

CRIMINAL CASE - OFFENSES NOT CLASSIFIED
Sentencing Penalties
caveat: statutes may have been amended since last updated in this website

CRS 18-1.3-504. Misdemeanors and petty offenses not classified
        (1) Any misdemeanor or petty offense defined by state statute without specification of its class shall be punishable as provided in the statute defining it.
        (2) Every sentence entered under this section shall include consideration of restitution as required by part 6 of this article and by article 18.5 of title 16, CRS

CRS 18-1.3-505 

OTHER SENTENCING PROVISIONS
ALL TYPES OF CASES
caveat: statutes may have been amended since last updated in this website

        The statutory scheme of the particular offense charged may provide different or additional penalties to the general statutory scheme identified above.  

        By way of example:  3rd degree assault (M-1)
                18 months maximum (M-1) pursuant to general sentencing statute  CRS 18-1.3-501(1)
                2 year maximum - exception to general sentencing statute  CRS 18-1.3-501(3)(a)&(b)
                        Based upon
                6 months mandatory minimum jail - domestic violence - pregnant victim -   CRS 18-1.3-501(6)
 

Federal Brady Bill
domestic violence
misdemeanor or felony
 

CRS 18-12-108
Colorado law - weapon prohibition
felony conviction and deferred sentence
domestic violence - misdemeanor or felony

SENTENCING - HABITUAL CRIMINALS
caveat: links may have been changed since last updated in this website

CRS 18-1.3-801. Punishment for habitual criminals - refer to statute - may be found in local law library or on-line

SENTENCING - PROBATION
COLORADO SPRINGS MUNICIPAL COURT

caveat: ordinances may have been amended since last updated in this website

11.3.111: PROBATIONARY CONDITIONS Colorado Springs City Ordinances
       
A.  When it appears to the satisfaction of the court that the ends of justice and the best interests of the public, as well as of the defendant, will be served thereby, the court may grant the defendant probation for a period not to exceed one year upon any terms and conditions the court deems reasonable. The court may provide as an explicit condition of a sentence to probation that the defendant not commit specified offenses during the period for which the sentence remains subject to revocation and that the defendant comply with any other court ordered or Probation Department ordered conditions. The terms and conditions of probation may include that the defendant:
                1. Make restitution to every victim of the offense for which the defendant is granted probation for all damage or injury sustained;
                2. Pay all costs and fines in a timely fashion;
                3. Report within one month any change of address, telephone number or employment, answer all reasonable inquiries by the Probation Department and not leave the State without first obtaining the permission of the Probation Department;
                4. Diligently and continuously seek to remain steadily employed or, if a minor, to remain in school or a school alternative on a full time basis;
                5. Report to the Probation Department at all times as may be required by the court or by the Probation Department;
                6. Abstain from the use of alcohol, and the unlawful use or possession of narcotics or any other dangerous drugs without a prescription;
                7. Participate and cooperate fully in any program and/or counseling as directed by the court or the Probation Department, and pay any fees associated with the program or counseling;
                8. Participate and cooperate fully in any special terms and conditions of probation reasonably related to the defendant's rehabilitation and the purposes of probation as imposed by the court or the Probation Department;
                9. Abide by all court orders.
        B.  After notice to the defendant, the City Attorney and the Probation Department, the Municipal Judge may for good cause shown reduce or increase the term of probation or alter the conditions or impose new conditions. At the request of the defendant or the City Attorney, a hearing shall be held to determine whether good cause exists to modify the defendant's probation.
        C.  If the Probation Department has reason to believe that a defendant has violated any condition of probation, the Probation Department may issue a show cause order requiring the defendant to appear before the court at a specified time and place to answer the charge of violating the conditions of probation. The show cause order shall contain a brief statement of the violation and specify the date of the violation. Failure of the defendant to appear before the court as required by the show cause order shall be deemed a violation of a condition of probation.
        D.  If service of the show cause order is unsuccessful, or if the Municipal Judge determines there is probable cause to believe that the defendant is about to leave the City or will fail or refuse to appear as ordered in the show cause order, a warrant for the arrest of the defendant for violation of the conditions may be issued by a Municipal Judge. The warrant shall not issue unless, based upon the report of the Probation Department or upon the complaint of any person, the Municipal Judge finds that probable cause exists to believe that a condition of probation has been violated and that the arrest of the defendant is reasonably necessary. The warrant may be executed by any officer authorized to execute warrants in the City.
        E.  Within five (5) working days after the arrest of any defendant as provided above, the Probation Department shall complete its investigation and either:
                1. Cause to be personally served upon the defendant at the first court appearance or through the United States Postal Service, a show cause order for the alleged violation of sentence no less than five (5) working days prior to the hearing; or
                2. Recommend that the court order the release of the defendant, if in custody. (Ord. 04-178) 

INDEPENDENT SERVICE PROVIDERS
private investigators * process service * laboratories * transcription
refer to attorney-client privilege and attorney work product doctrine

ADVICE BY LAYMEN
forewarned is forearmed
advice by unsupervised paralegals & street corner lawyers

please feel free to call or email if you are a client or are seeking representation

DISCLOSURES
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Ethics & Client Disclosures
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INITIAL CONSULTATION TERMS
not an offer for legal advice - refer to link
attorney is a sole practitioner with need to manage his caseload
attorney reserves the right to decline any legal matter

PRIMARY WEBSITE

 

GUSTAFSON LAW OFFICE TOPICAL WEBSITES

DUI DEFENSE - DWAI & DEAC DRUNK DRIVING DEFENSE MIP - UNDERAGE ALCOHOL TRAFFIC TICKET DEFENSE DRIVING UNDER RESTRAINT SPEEDING TICKET DEFENSE
HIT AND RUN DEFENSE DRIVER LICENSE DEFENSE CRIMINAL DEFENSE PROSTITUTION DEFENSE DOMESTIC VIOLENCE DEFENSE
SEALING CRIMINAL RECORDS NUISANCE FORFEITURE DEFENSE SHOPLIFTING - THEFT DEFENSE
FAMILY LAW DISSOLUTION OF MARRIAGE COLORADO DIVORCE LEGAL SEPARATION STEP-PARENT ADOPTION GRANDPARENT ADOPTION
PATERNITY - LEGAL PARENTAGE CHILD SUPPORT SUPPORT ENFORCEMENT RESTRAINING ORDERS DEBT COLLECTION PRIVATE INVESTIGATORS

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Website Copyright © 2003 - All Rights Reserved - Document Revised January 30, 2012
mountains photo image, attorney photo image & law office logo copyright © Robert D. Gustafson - all rights reserved - no copyright claimed to other images
Website Initial Publication Date: October 18, 2003 - Republication Date:
July 22, 2011

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