Legal Question in Criminal Law in Colorado

CRS 18-1.3-401 gives the basic information:

(V) (A) As to any person sentenced for a felony committed on or after July 1, 1993, felonies are divided into six classes which are distinguished from one another by the following presumptive ranges of penalties which are authorized upon conviction:

Class Minimum Maximum Mandatory Period

Sentence Sentence of Parole

1 Life imprisonment Death None

2 Eight years imprisonment Twenty-four years imprisonment Five years

3 Four years imprisonment Twelve years imprisonment Five years

4 Two years imprisonment Six years imprisonment Three years

5 One year imprisonment Three years imprisonment Two years

6 One year imprisonment Eighteen months imprisonment One year

Note taht there are also a lot of exceptions and special circumstances.

Misdemeanor penalties are as follows:

18-1.3-501. Misdemeanors classified � penalties.

(1)(a) Misdemeanors are divided into three classes which are distinguished from one another by the following penalties which are authorized upon conviction except as provided in subsection (1.5) of this section:

Class Minimum Sentence Maximum Sentence

1 Six months imprisonment, or five Eighteen months imprisonment,

hundred dollars fine, or both or five thousand dollars

fine, or both

2 Three months imprisonment, or two Twelve months imprisonment,

hundred fifty dollars fine, or one thousand dollars

or both fine, or both

3 Fifty dollars fine Six months imprisonment, or

seven hundred fifty dollars

fine, or both

There are a lot of special exceptions and circumstances here as well.

As you can see by the above list, sentence ranges vary for each class of offense. But even within those ranges, the court has flexibility. MANDATORY minimum sentences prevent the Court from giving a lighter sentence, without regard to any mitigating factors. Mandatory minimum sentences vary for different kinds of offenses committed in specific ways. Most offenses have no minimum sentence that is mandatory. Sentence enhancers often come with mandatory minimums. For instance, the DV sentence enhancer has minimums for treatment, but in most cases it has no minimum for jail. EXCEPT one type of instance. If a defendant meets all those specific requirements, the defendant must go to jail for six months. COVs are another area.