Sentencing
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GUSTAFSON LAW OFFICE
COLORADO OFFENSE CLASSIFICATION & PRESUMPTIVE SENTENCING

WELCOME Phone (719) 260-1002 Fax (719) 260-1003 

perhaps I will become your attorney
Address  *  Maps  *  Directions
 

Robert D. Gustafson  *  Attorney at Law  *  Colorado Springs
Business Hours  *  Attorney Availability  *  Trade Area
 
Toll Free (800) 410-1002
 
 

In the early 1980's a cartoon was posted in the outer guard shack at the prison complex near Canon City (cartoon not visible to the general public) ....  It depicted a man in prison garb with his hands wrapped around vertical bars securing a window.  The prisoner was looking out at the blue spruce trees on a nearby mountainside....  Caption: "Welcome to Colorado.  Enjoy the scenery.  Stay awhile."  This web page is not a fun site to visit, but a little knowledge may be of benefit.

COLORADO CRIMINAL SENTENCING
OFFENSE CLASSIFICATION & PRESUMPTIVE SENTENCING

felony, misdemeanor, petty offenses, DUI, DWAI, DEAC, traffic offenses. Presumptive, minimum & maximum range
Colorado traffic & criminal trial practice 25+ years Colorado State Courts & Colorado Springs Municipal Court
TRAFFIC INFRACTION TRAFFIC MISDEMEANOR PETTY OFFENSE MISDEMEANOR OFFENSE
FELONY OFFENSE NOT CLASSIFIED COMPLETION FORMS VEHICLE FORFEITURE
OTHER SENTENCING PROVISIONS
applies to any type of offense
SENTENCING
HABITUAL CRIMINALS
DEFERRED SENTENCING
SENTENCING - MUNICIPAL COURT PROBATION IN-PATIENT DRUG & ALCOHOL REHAB
SEARCH & SEIZURE DEFENDANT DEMEANOR WEAPON PROHIBITION
ATTORNEY POLICIES
Attorney Representation & Declined Matters
Legal Advice Limited to Clients - Not General Public
Pro Bono Representation or Installment Payment
Representation Now - Another Attorney or Self
Post Sentencing - Revocation or Appeal
Cases Outside Colorado Springs - Travel
 

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

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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
Classification - Presumptive Sentencing Penalties
caveat: statutes may have been amended since last updated here

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
Classification - Presumptive Sentencing Penalties
caveat: statutes may have been amended since last updated here

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 $100  $1,000 
Class 2 Misdemeanor Traffic Classification (T-2) 10 days 90 days $10  $300 

CRIMINAL CASE - PETTY OFFENSE
Classification - Presumptive Sentencing Penalties
caveat: statutes may have been amended since last updated here

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
Classification - Presumptive Sentencing Penalties
caveat: statutes may have been amended since last updated here

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
Classification - Presumptive Sentencing Penalties
caveat: statutes may have been amended since last updated here

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 here

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 here

        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 here

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) 

COMPLETION CERTIFICATE FORMS
Alcohol Education, Alcohol Therapy, Public Service, AA Meetings, Antabuse - disulfirum, deferred sentence, probation
Colorado traffic & criminal trial practice 25+ years Colorado State Courts & Colorado Springs Municipal Court
DUI - DWAI - DEAC Defense   *   *   Driving Under Restraint Defense   *   *   Speeding Ticket Defense

**  NOTE:  Effective December, 2004 public service in El Paso County must be completed under supervision of an approved agency with insurance on the worker.  The court will not give credit for public service completed outside supervision and will not accept verification other than through the supervision agency.  Chief judges of other counties may have instituted similar blanket orders.

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 Regarding completions forms:

  1. Current Clients  will be provided with verification forms containing name and case number.
            Current clients may print any above linked form for individual but not commercial or law office use.
            Files are password restricted. 

  2. Former Clients and Non-Clients may print and use any linked verification form identified in blue.
            Former & non-clients do not have permission to print or otherwise use any linked verification form identified in red.  This restriction is not any inconvenience - it merely removes my name from the caption of pleadings and thereby avoids any possible confusion to the court or prosecutors.  Otherwise, the Current Client or Former Client and Non-Client forms are the same.
            Former & Non-Client limited permission to forms identified in blue extends to individual but not commercial or law office use.        

  3. Use of any form shall not constitute representation, nor shall it be considered an appearance of counsel in any litigation

ATTORNEY REPRESENTATION
AND DECLINED MATTERS

 

NOTICE:  I NO LONGER ACCEPT CASES:
SEXUAL ASSAULT or SEXUAL ASSAULT ON A CHILD

 
NOTICE:  I DO NOT ACCEPT THE FOLLOWING CASES
ROBBERY, FIRST DEGREE ASSAULT or MURDER CHILD ABUSE HOMICIDE OR FELONY CHILD ABUSE
 
CRIMINAL DEFENSE DUI DEFENSE & TRAFFIC DEFENSE DRIVER LICENSE DEFENSE
FAMILY LAW & DIVORCE DEBT COLLECTION COMMUNITY RESOURCES
FIRST CONSULTATION ACCOUNTING STRUCTURE WEBSITE INDEX GATEWAY
ATTORNEY SELECTION RETAINING GUSTAFSON ADVICE BY LAYMEN
 

I welcome representation inquiries however please refer to first consultation - the purpose is not to provide free legal advice to the general public.  Unless seeking to retain counsel, please do not email or call.  I do not provide legal opinions, answers or information in response to questions submitted from non-clients.  Given the scope of internet accessibility I can not be the free "Colorado answer man" and will politely decline.

 

ALTERNATIVES

FIND A LAWYER

if you are seeking the below
please refer to above links for helpful information
sole practitioner attorney does not accept these matters

 

a.  a pro-bono (free) lawyer
b.  an attorney who may take lower fees - economic hardship
c.  an attorney who may take installment payments

Attorney Welcomes
 

MID-LITIGATION REPRESENTATION
alternatives and find a lawyer links provided as a courtesy

Attorney Policies
Litigant Pro Se - Attempt to Prepare Defense of Own Traffic or Criminal Case

1.  Adequate Time.  If sufficient time exists to adequately prepare your case and if prospective client approves this attorney's fees and costs structure, attorney will likely accept defense representation.  This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation.

2.  Insufficient Time.  If you've waited until the eleventh hour and there is not sufficient time to adequately prepare your case or defense before a contested court proceeding, please do not call.  I decline.

3.  Limited Assistance.  Please do not call requesting instruction, directions, legal theory, forms completion or limited document drafting, partial representation, or an explanation of applicable law to assist you in preparation or defense of your own case.  I decline.

Attorney Policies
Representation by Previous Attorney

1.  Current Attorney.  Until an order has entered withdrawing representation by an attorney, an ethical rule violation exists if counsel knowingly speaks to another attorney's client without current attorney's consent.  This ethical rule governs all attorneys.  Please do not call until after you have terminated representation by a former attorney.  After other counsel's withdrawal it may take significant effort for the the new attorney to "catch up."  Please be aware fees and costs will be associated with procuring the court file and coming up to speed in the case.

2.  Adequate Time.  If prospective client terminates employment of the former attorney, if sufficient time exists to adequately prepare your traffic or criminal case, and if prospective client approves this attorney's fees and costs structure, attorney will likely accept representation.  This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation.

3.  Insufficient Time.  If you've waited until the eleventh hour and there is not sufficient time to adequately prepare your case or defense before a contested court proceeding, please do not call.  I decline.

4.  Second Opinion.  I will not arm chair quarterback another attorney's case preparation, trial tactics or theory of the case.  Please do not call for a second opinion or an opinion regarding the competence of preparation or defense in your current traffic or criminal case.  I decline.

 
 
POST SENTENCING MATTERS
PROBATION REVOCATION  *  PAROLE VIOLATION
DEFERRED SENTENCE REVOCATION  *  APPEALS

Post Sentencing.  I do not accept post sentencing matters in any criminal, DUI or traffic case unless I provided representation during the case in chief at the trial court level and am familiar with the facts, testimony and exhibits received into evidence, meritorious issues & rulings. That's been my policy for years.  Please do not call or inquire regarding post sentencing matters if you are not a former client. 

Alternatives
FIND A LAWYER

This includes plea to domestic violence or other criminal charge, DUI, DEAC or DWAI charge or other traffic charge and probation, deferred sentence, parole or incarceration or revocation proceedings based upon alleged failure to comply.

 

Exceptions.  If the underlying criminal case qualifies, refer to sealing criminal records.  I accept meritorious sealing cases regardless of whether or not you are a former client.  NOTICE: alcohol related traffic offenses, other traffic offenses or traffic infractions are a specifically excluded in the sealing statute and can not be sealed.  If relevant, I also accept meritorious collateral attack cases.

 
 
CASES OUTSIDE EL PASO COUNTY
ECONOMIC CONSIDERATIONS
Geographic Distance - Travel Time, Mileage and Expense
Colorado is a big state.  Ease of internet access, email and toll free phone doesn't change that fact.

Attorney is very willing to travel outside the Colorado Springs area to present or defend a case, but please be aware travel time, mileage and expense would apply.  If you are out of state or unfamiliar with Colorado geography, refer to the map to determine where Colorado Springs is located in relation to the county of your court case or hearing.

If travel is necessary, a trust deposit would be required to cover anticipated travel time, mileage & expenses.  If it is not economically justifiable to retain my services with travel, please contact counsel in the locale of your case.

FIND A LAWYER

Colorado MAP

I welcome new cases.
Intent is not to be harsh or to discard potential new business, but to be practical.

ATTORNEY TRADE AREA
COUNTIES CITIES / TOWNS COUNTIES CITIES / TOWNS
El Paso County Colorado Springs / Fountain Pueblo County Pueblo
Teller County Cripple Creek