In Colorado, felonies are categorized as level 1 through 6, based on the severity of the crime and the corresponding presumptive sentences and fines. Class 1 felonies are the most serious felonies and Class 6 felonies are the least serious. Drug felonies are categorized separately. Below are some of the presumptive sentences and fines for each level.
Class 1 felony - the most serious felonies in the state of Colorado, include:
- First-degree murder (also referred to as pre-meditated murder)
- First-degree murder of a peace officer or fireman
- Child abuse causing the death of a child under the age of 12
- First-degree kidnapping
- Assault during an incarceration escape attempt
- Treason
Class 2 felony - second most serious category of crimes which include:
- Attempt to commit a Class 1 felony
- Second-degree murder (intent without pre-meditation)
- First-degree kidnapping where the victim is released unharmed
- Sexual assault
- Human trafficking of illegal aliens
- Aggravated robbery of controlled substances
- Theft (if the property is valued at more than $1 million)
Class 3 felony - third most serious felonies, further subdivided into Class 3 felony and Class 3 extraordinary risk felony. Extraordinary risk felonies are those that present a high probability of endangerment to society. Class 3 felonies include:
- Attempt to commit a Class 2 felony
- Conspiracy to commit a Class 2 felony
- Vehicular homicide
- Human trafficking
Class 3 extraordinary risk felonies include:
- Aggravated robbery
- Second-degree murder (if, in the “heat of passion”)
- First-degree assault
- Enticement of a child
- Unlawful termination of pregnancy (if the mother survives)
Class 4 felony - fourth most serious felonies, further subdivided into Class 4 felony and Class 4 extraordinary risk felony. Class 4 felonies include:
- Attempt to commit a Class 3 felony
- Conspiracy to commit a Class 3 felony
- Manslaughter (unintentional homicide)
- Vehicular homicide
- Violating a custody order or parental responsibility
Class 4 extraordinary risk felonies include:
- Criminal extortion
- Second-degree kidnapping
- Second-degree assault
- Enticement of a child (if the child is unharmed)
Class 5 felony - second least serious felonies, further subdivided into Class 5 felony and Class 5 extraordinary risk felony. Class 5 felonies include many Colorado crimes including (but, not limited to):
- Solicitation
- Vehicular assault
- Violation of a custody order
- Failure to pay child/spousal support
- Criminal trespass
- Cruelty to animals
- And, much more. See the complete list of Colorado Class 5 felonies here.
Class 5 extraordinary risk felonies include:
- First-degree assault (if committed in the heat of passion)
- Internet luring of a child
- Stalking
- Child abuse
- Attempt to escape
Class 6 felony - least serious felony charges further subdivided into Class 6 felony and Class 6 extraordinary risk felony. Class 6 felonies include:
- Attempt to commit a Class 5 felony
- Conspiracy to commit a Class 5 felony
- Impersonation
- Possession of a forged instrument
- Theft
Class 6 extraordinary risk felonies include:
- Possession of child pornography
- Invasion of privacy for sexual gratification
Felony Category |
Presumptive Sentencing |
Presumptive Fines |
Class 1 |
Life imprisonment or death penalty (Colorado does not offer death penalty for people convicted after July 1, 2020.) | None |
Class 2 |
8-24 Years | $500-$1,000,000 |
| 4-16 Years | $3,000-$750,000 | |
Class 3 |
4-12 Years | $3,000-$750.000 |
Class 4 Extraordinary Risk |
2-8 Years | $2,000-$500,000 |
Class 4 |
2-6 Years | $2,000-$500,000 |
Class 5 Extraordinary Risk |
1-4 Years | $1,000-$100,000 |
| Class 5 | 1-3 Years | $1,000-$100,000 |
Class 6 Extraordinary |
1-2 Years | $1,000-$100,000 |
Class 6 |
1 Year-18 Months | $100,000-$100,000 |
Unclassified |
As set forth in statute | As set forth in statute |
Colorado treats drug-related felonies differently than other felony offenses, and they are subject to different presumptive sentencing than non-drug related felonies. Drug felonies are classified as level 1 through 4, whereas level 1 is the most serious and level 4 is the least serious. Drug felonies vary by the substance, what the presumed intent was for said substance, and who the substance was intended for. For instance, cultivation of more than six marijuana plants is a level 4 drug felony in Colorado, as is dispensing less than an ounce of marijuana to a minor.
Drug felonies may carry mandatory prison time versus probation, and may be escalated if the charges are aggravated. Habitual offenders may face a life sentence without the possibility of parole.
Drug Felony Category |
Presumptive Sentence |
Presumptive Fines |
Level 1 drug felony |
8-32 Years | $5,000-$1,000,000 |
Level 2 drug felony |
4-8 Years | $3,000 – $750,000 |
Class 3 drug felony |
2-4 Years | $2,000 – $500,000 |
Class 3 |
4-12 Years | $3,000 – $750,000 |
Level 4 drug felony |
6 Months-1 Year | $1,000 – $100,000 |
Extraordinary Risk Crimes
Under Colorado law, an extraordinary risk crime is one that presents a substantial risk of harm or impairment to the health and safety of society. If convicted of an extraordinary risk offense, the defendant will face harsher sentencing, including longer prison sentence, more expensive fines, and longer parole/probation than other crimes with the same felony Class. Felony extraordinary risk crimes include:
- Child abuse
- Robbery
- Violent crimes
- Stalking
- Invasion of privacy for sexual gratification
- Human trafficking for involuntary servitude
- Human trafficking for sexual servitude
- Second-degree assault
- Sale or distribution of materials to manufacture controlled substances
- Unlawful distribution, manufacturing, dispensing, sale, or possession of a controlled substance with the intent to sell, distribute, manufacture, or dispense
Violent Felonies
Colorado law also recognizes violent crimes as posing significant risk to the health and safety of the public and therefore carries mandatory prison sentences. Many other felonies have the potential for alternative sentencing that includes deferred prosecution, deferred sentencing, probation, and community corrections. Violent crimes, however, require prison terms be served at a minimum of the midpoint of the presumptive range for such offense, to a maximum of twice the ordinary maximum for offenses of that felony Class. Violent crimes under Colorado law include:
- Murder
- First- or second-degree assault
- Any crime against an at-risk adult or juvenile
- Kidnapping
- Forcible sex crimes including rape, sexual assault, and sexual contact
- Sex crimes in which threat, intimidation, or force was used or the victim suffered a bodily injury
- Aggravated robbery
- First-degree arson
- First-degree burglary
- Escape from incarceration
- Criminal extortion
- First- or second-degree unlawful termination of pregnancy
Choose the Colorado Springs Legal Team With Experience
The criminal defense attorneys at the Law Offices of Murphy and Price in Colorado Springs have more than 25 years of experience representing clients facing felony charges. From military service members to immigrants, Colorado tourists, and local residents of Colorado Springs and Avon, we are committed to aggressively defending our clients. To discover effective legal counsel you can count on, connect with the team at the Law Offices of Murphy & Price today!
For the most part, charges are divided into misdemeanors and felonies, with felony crimes being those that pose a threat to the safety and security of society. However, if you have been arrested on a misdemeanor charge you may still find yourself facing felony charges. Several crimes can be charged as either a misdemeanor or a felony based on extenuating circumstances.
DUI is generally a misdemeanor, however it may be escalated to a felony offense if it occurred while driving on a suspended or revoked license, there are children passengers in the vehicle, there are previous convictions (habitual offender), or the DUI/DWAI results in a death. Other “aggravating” circumstances may escalate charges and sentencing.
Assault may be charged as a felony in many instances including if a weapon was used, the assault was inflicted during a sexual encounter, on a domestic partner, on a child, on an elderly or disabled person, with a vehicle, or as a “hate crime.” Generally speaking, if serious bodily injury is sustained, the charges will likely be felony rather than misdemeanor.
In Colorado, marijuana and other drug charges are distinguished separately. Whether a drug charge is classified as a misdemeanor or felony is determined by who is in possession of what drug and how much, and most importantly, the intent of the drug possession. If the charges involve selling, distributing, or trafficking drugs, or there are previous convictions (habitual offender), felony charges are likely.
While Colorado honors the right to bear arms, there are several instances where gun or weapons charges are felony charges. In the case of trafficking weapons or creating weapons of mass destruction, these crimes are always charged as felonies. Misdemeanors that are likely to become felonies if a weapon is used during the crime include robbery, domestic battery, (sexual) assault, child abuse, and murder.
Many sex crimes involving consent, solicitation of prostitutes, non-contact crimes, or harassment are misdemeanors. However, many sex crimes in Colorado are felony offenses including rape, aggravated sexual assault, sexual contact with a minor, posession or distribution of child pornography, and trafficking.
How Felony Charges May Affect Your Life
The penalties for felonies do not stop at prison time, parole, and hefty fines. If you become a convicted felon, the restrictions follow you for the rest of your life. For instance, convicted felons:
- May not purchase, own, or possess a firearm or weapon.
- Cannot apply for licensure as a peace officer or educator.
- May not hold an office of honor or trust.
- Cannot practice as an attorney.
- Will not qualify for SNAP federal assistance*
- Register on the state public sex offender registry (for sexually-based convictions).
- May not be able to obtain government loans or grants.
Being a registered sex offender is public knowledge and may negatively impact your employment or rental abilitiy. When you apply for most jobs, you will be asked about your criminal history and may be subject to a background check. While many companies will make decisions based on the individual and the crime committed, many employers do not employ felons.
How A Felony Conviction Affects Your Military Career
Beyond facing state and federal charges for a felony crime, you will undoubtedly find yourself facing court-martial as well. Depending on the charges you are facing and the outcome of the case, you may face negative consequences on your career before, during, and long after the trial that include (but are not limited to):
- Bar from reenlistment
- Removal/ bar from promotion
- Reduction in rank
- Corrective/Additional training
- Suspension of favorable actions
- Separation (“Other than Honorable”or Dishonorable)
- Article 15
- Court-Martial
- Void of retirement, disability, and other benefits
- Incarceration in military prison
While the military will provide you with a JAG lawyer to manage your case, it is your right (and our recommendation) that you seek experienced legal counsel to aggressively defend you. At the Law Offices of Murphy & Price, we have decades worth of experience defending military service members and their families. Connect with our military lawyers today.
"WARREN PRICE IS TRULY AN EXPERT IN HIS PRACTICE"
"I was facing some serious charges which could have had a devastating impact on my family and me for the rest of our lives. Due to the severity of the matter, I knew that I needed an expert attorney to protect my rights and get me through this nightmare. I had talked to several lawyers before contacting Warren. Many of them thought that my case was going to be very difficult and were charging too much. Some were not very confident in the outcome. Mr. Price, on the other hand, was honest and supportive throughout the whole process. He also was very fair and helpful with his financial costs. Warren got all my charges dismissed. The nightmare is finally over, and I can live my life again in peace. He is indeed an expert and caring attorney.”
- R.A.
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