Sentencing in a Colorado criminal case will depend on many factors. The first step is to determine what level of crime you are charged with. This will help you to determine your “exposure,” (how serious a sentence you may be exposed to). The sentence guide is not a substitute for the opinion of an experienced Colorado criminal defense attorney, however, it may be used to give you a general idea of the possible sentence you could receive. Please call our Colorado Criminal Defense Law Firm to discuss the unique circumstances of your case.
1) Determine Your Offense Level
As you probably already know, crimes are either charged as Felonies or misdemeanors. What you may not realize is that both felonies and misdemeanors are divided into classes. For example, a class one felony is the most serious (example: first-degree murder). A class six felony is the least serious felony. Misdemeanors are graded from class one down to class three. Often you'll see this on the charging document given to you at your advisement. Beside the name of the charge you may see "F4." This means that you are charged with a fourth degree felony. All felonies subject you to a possible prison sentence.
Generally, a person convicted of a felony in Colorado may be sentenced within the "presumptive range" of that felony. However, other factors may "aggravate" or "mitigate" the sentence. For example, if the facts that amount to an offense are not that terrible in the eyes of the judge, and you have no prior offenses, this may mitigate your sentence. On the other hand, if you are on bond, or on probation for another offense, this will aggravate your sentence... and so on.
2) What aggravating or mitigating factors are present?
The judge has a lot of discretion when issuing your sentence. He or she will consider many factors, such as your prior criminal history, the victim's comments at sentencing, the facts of the crime, whether you show remorse, whether you are a future risk, and many other factors.
3) Locate the Possible Sentence Using this Felony Sentencing Chart
Coming Soon.
Probation
Aside from avoiding convictions, your criminal defense attorney will help you to minimize or avoid punishment as well. There are several rules that determine whether you are eligible for probation. For example, someone with two prior felony convictions may face mandatory prison if they plead guilty or are convicted of the charge. In a case like that, it may be necessary to negotiate a resolution in which the District Attorney agrees to waive the “Two Felony Rule.”
Felony
A crime sufficiently serious to be punishable by death or a term in state or federal prison, as distinguished from a misdemeanor which is only punishable by confinement to county or local jail and/or a fine.
Misdemeanor
A lesser crime punishable by a fine and/or county jail time for up to one year.
Sentencing
Not only the penalty imposed but also the judgment of conviction in a criminal case or a judgment of acquittal in the same proceeding, or the adjudication of delinquency in a juvenile delinquency proceeding or dismissal of allegations of delinquency in the same proceedings.