Colorado Sentencing and Penalties

When a defendant is not successful at trial, pleads guilty, or has their probation revoked, the last step in the Colorado criminal justice system is a sentencing hearing.  It is where a judge hears argument from both the prosecution and defense, as well as victims and defense character witnesses.  Before imposing sentence, the court will allow the defendant an opportunity to make a statement in his or her own behalf (known as allocution), and to present any information in mitigation of punishment.   The prosecution also shall be given an opportunity to be heard on any matter material to the imposition of sentence.  But how long of a sentence can a judge give a defendant?  It all depends on the classification of the crime one was convicted of:

Felony Sentencing

Felony sentences are served in state prison.  Sentences can run anywhere from 1 year to the rest of one’s life; and the state can, for certain crimes, also take one’s life.

The presence of any one or more of the following extraordinary aggravating circumstances require a court, if it sentences a defendant to incarceration, to sentence a defendant to a term of at least the midpoint in the presumptive range but not more than twice the maximum term authorized in the presumptive range for the punishment of a felony if:

• A defendant is convicted of a crime of violence under pursuant to C.R.S. § 18-1.3-406;
• A defendant was on parole for another felony at the time of commission of the felony;
• A defendant was on probation or was on bond while awaiting sentencing following revocation of probation for another felony at the time of the commission of the felony;
• A defendant was under confinement, in prison, or in any correctional institution as a convicted felon, or an escapee from any correctional institution for another felony at the time of the commission of the felony;
• A defendant was on appeal bond following his or her conviction for a previous felony at the time of the commission of the felony; or,
• A defendant was on probation for or on bond while awaiting sentencing following revocation of probation for a delinquent act that would have constituted a felony if committed by an adult.

Misdemeanor Sentencing

Misdemeanor sentences are served in county jail, generally for periods of less than 2 years.

A defendant may also be sentenced to perform a certain number of hours of community or useful public service in addition to any other sentence.
Certain “extraordinary risk” crimes can increase the maximum possible sentence by 6 months.  These include the following:

• Assault in the third degree, as defined in C.R.S. § 18-3-204;
• Sexual assault, as defined in C.R.S. § 18-3-402;
• Unlawful sexual contact, as defined in C.R.S. § 18-3-404;
• Child abuse, as defined in C.R.S. § 18-6-401(7)(a)(V);
• Second and all subsequent violations of a protection order as defined in C.R.S. § 18-6-803.5(1.5)(a.5);
• Misdemeanor failure to register as a sex offender, as described in C.R.S. § 18-3-412.5; and,
• Misdemeanor invasion of privacy for sexual gratification, as described in C.R.S. § 18-3-405.6.

Drug Charge Sentencing

Sentencing for drug charges in Colorado is different than regular for felonies and misdemeanors.  Depending on classification, one can spend anywhere from 6 months to 32 years in prison.

*A mandatory minimum sentence is required pursuant to C.R.S. § 18-1.3-401.5(7).
Except for a Level 1 drug felony, the presence of one or more aggravating factors require a court, if it sentences a defendant to incarceration, to sentence a defendant to a term of at least the midpoint in the presumptive range but not more than the maximum term of the aggravated range if:

• A defendant was on parole for another felony;
• A defendant was on probation or was on bond while awaiting sentencing following revocation of probation for another felony;
• A defendant was under confinement, in prison, or in any correctional institution as a convicted felon, or an escapee from any correctional institution for another felony;
• A defendant was on appeal bond following his or her conviction for a previous felony; or,
• defendant was on probation for or on bond while awaiting sentencing following revocation of probation for a delinquent act that would have constituted a felony if committed by an adult

DUI Sentencing

If a defendant is convicted of a DUI or DWAI, there are specific sentences that must be imposed.  Colorado Revised Statute § 42-4-1307 sets forth the required penalties.

* A mandatory minimum sentence is required pursuant to C.R.S. § 42-4-1307, although there are some limited exceptions.  Sentences also include victim impact panel, alcohol and drug evaluation and treatment, and monitored sobriety.

Traffic Sentencing

In Colorado, traffic violations are divided into two categories; traffic misdemeanors and traffic infractions.  Traffic infractions do not have jail sentences associated with them.  Traffic misdemeanors, on the other hand, have sentences that range from 10 days to 1 year in the county jail.

Traffic infractions and traffic misdemeanors are ineligible for record sealing pursuant to C.R.S. § 24-72-702(4).

Petty Offense Sentencing

Petty offenses in Colorado are divided into two categories; Class 1 and Class 2. Class 2 petty offenses rarely have a jail sentence associated with them.

If a defendant is cited for a Class 2 petty offense, and they choose to admit guilt, they may pay a specified fine within a certain limited time.  If they decide to contest the allegation, the defendant appears as required on the citation.  At trial, if the defendant is found guilty, the fine imposed shall be what was specified on the citation for the offense of which they were found guilty, but court costs can also be assessed in addition to the fine.

Municipal Sentencing

*Penalties for violation of the Federal Water Pollution Control Act are not included in this amount.