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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 |
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Colorado State Court
Felony Offense
synopsis of how cases progress through
court system |
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FELONY
CRIMINAL OFFENSES |
Presumptive
Prison |
Presumptive
Fines |
| CRS 18-1.3-401 |
Minimum |
Maximum |
Parole |
Minimum |
Maximum |
| Class 1 Felony
Classification (F-1)
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Life
Imprisonment |
Death |
n/a |
None |
None |
| Class 2 Felony
Classification (F-2)
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8 years |
24 years |
5 years |
$5,000 |
$1,000,000 |
| F-2 Mitigated |
4 years |
12 years |
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| F-2 Aggravated |
8 years
+ 1 day |
48 years |
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| Class 3 Felony Classification
(F-3)
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4 years |
12 years |
5 years |
$3,000 |
$750,000 |
| F-3 Mitigated |
2 years |
6 years |
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| F-3 Aggravated |
12 years
+ 1 day |
24 years |
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| Class 4 Felony Classification
(F-4)
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2 years |
6 years |
3 years |
$2,000 |
$500,000 |
| F-4 Mitigated |
1 year |
3 years |
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| F-4 Aggravated |
2 years
+ 1 day |
12 years |
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| Class 5 Felony Classification
(F-5)
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1 year |
3 years |
2 years |
$1,000 |
$100,000 |
| F-5 Mitigated |
6 months |
18 months |
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| F-5 Aggravated |
3 years
+ 1 day |
6 years |
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| Class 6 Felony Classification
(F-6)
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1 year |
18 months |
1 year |
$1,000 |
$100,000 |
| F-6 Mitigated |
6 months |
9 months |
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| F-6 Aggravated |
1 year
+ 1 day |
3 years |
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two felony convictions - minimum
sentence mandatory - no probation CRS 18-1.3-401(1)(b)(II) |
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Mitigation - not less than one-half the
presumptive minimum sentence CRS 18-1.3-401(6) |
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Aggravation - not more than twice the presumptive
maximum sentence. CRS 18-1.3-401(6) |
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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) |

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

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OTHER SENTENCING PROVISIONS
ALL TYPES OF CASES
caveat: statutes may have been amended since last
updated in this website |
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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)
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Federal Brady Bill
domestic violence
misdemeanor or felony
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CRS 18-12-108
Colorado law - weapon prohibition
felony
conviction and deferred sentence
domestic violence - misdemeanor or felony |

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SENTENCING
- HABITUAL CRIMINALS
caveat: links may have been
changed since last
updated in this website |
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CRS 18-1.3-801. Punishment for habitual
criminals
- refer to statute - may be found in
local law library or
on-line

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SENTENCING
- PROBATION
COLORADO SPRINGS MUNICIPAL COURT
caveat: ordinances may have been amended since last
updated in this website |
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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)

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