Weld County Court Definitions from Top Greeley Defense Lawyers
Crime of Violence, Extraordinary Risk Crimes, and Heat of Passion
Crime of Violence, Extraordinary Risk crimes, and the Heat of Passion are just a few different terms used by top Greeley defense lawyers, District Attorneys, and judges in criminal cases at the Weld County Court. Crimes of Violence and Extraordinary Risk crimes are both designations given to certain crimes, and the Heat of Passion is a defense used in Assault cases. If you have been criminally charged, first make sure you contact the best Weld County criminal defense attorneys to discuss your case. Then read on these terms used at the Weld County Court to learn more about your charges.
What are Crimes of Violence, C.R.S. 18-1.3-406 at the Weld County Court?
Assault, First Degree Burglary, Aggravated Robbery, and More
At the Weld County Court, Crimes of Violence, C.R.S. 18-1.3-406, are those in which the defendant, while committing the crime:
- Used, or possessed and threatened to use, a deadly weapon, or
- Caused serious bodily injury or death to any other person who was not a participant in the crime.
Felony sex crimes are also considered Crimes of Violence if the defendant:
- Caused bodily injury to the victim, or
- Used threat, intimidation, or force against the victim.
Which Crimes are Crimes of Violence in Greeley?
List of Crimes of Violence
Crimes of Violence in Greeley include, but are not limited to:
- Assault in the First Degree, C.R.S. 18-3-202 / First Degree Assault
- Assault in the Second Degree, C.R.S. 18-3-203 / Second Degree Assault
- Crimes Against At-Risk Persons, C.R.S. 18-6.5-103
- First Degree Burglary, C.R.S. 18-4-202
- First Degree Arson, C.R.S. 18-4-102
- Aggravated Robbery, C.R.S. 18-4-302
- All sex crimes under Title 18, Article 3, Part 4 of the Colorado Revised Statutes, including:
- Sexual Assault, C.R.S. 18-3-402
- Unlawful Sexual Contact, C.R.S. 18-3-404
- Sexual Assault on a Child, C.R.S. 18-3-405
How are Crimes of Violence Sentenced in Weld County?
How Much Prison Time at the Colorado Department of Corrections for Violent Crimes?
Conviction of a Crime of Violence in Greeley results in a longer sentence to the Colorado Department of Corrections / DOC than a felony normally would. See the table below for sentencing for a Crime of Violence vs. non-violent felonies in general:
Classification |
Felony Sentencing Range
|
Violent Crime Sentencing Range |
Parole |
| Class 6 felony / F6 |
|
|
|
| Class 5 felony / F5 |
|
|
|
| Class 4 felony / F4 |
|
|
|
| Class 3 felony / F3 |
|
|
|
| Class 2 felony / F2 |
|
|
|
Greeley Court Extraordinary Risk Crimes, C.R.S. 18-1.3-401
Child Abuse, Stalking, Invasion of Privacy for Sexual Gratification
Extraordinary Risk crimes are another type of crime designation at Greeley Courts. These are crimes that don’t just hurt an individual victim, but also create risk for society as a whole. Extraordinary Risk crimes include, but are not limited to:
- All crimes of violence, C.R.S. 18-1.3-406
- Assault in the Second Degree, C.R.S. 18-3-203(1)(i), when the defendant intended and caused bodily injury by blocking the victim’s airway
- Some circumstances of Sexual Exploitation of a Child, C.R.S. 18-6-403(5.5)
- Child Abuse, C.R.S. 18-6-401
- Stalking, C.R.S. 18-3-602
- Felony Invasion of Privacy for Sexual Gratification, C.R.S. 18-3-405.6
- Aggravated Robbery, C.R.S. 18-4-302
- Unlawful Distribution, Manufacturing, or Sale of a Controlled Substance, C.R.S. 18-18-405
Like Crimes of Violence, Extraordinary Risk crimes also come with longer sentences to the Colorado Department of Corrections.
Colorado Prison Time for Extraordinary Risk Crimes in Weld County, Colorado Courts
Conviction of an Extraordinary Risk crime in Weld County means that the maximum possible sentence to a Colorado prison may be increased by several months or years. See the table below:
Classification |
Felony Sentencing Range
|
Extraordinary Risk Sentencing Range |
Parole |
| Class 6 felony / F6 |
|
|
|
| Class 5 felony / F5 |
|
|
|
| Class 4 felony / F4 |
|
|
|
| Class 3 felony / F3 |
|
|
|
What is the “Heat of Passion” Defense in Criminal Assault Cases in Greeley?
In some Greeley cases of Assault, C.R.S. 18-3-202+, the defendant may raise the “Heat of Passion” defense. Heat of Passion means that the defendant did commit the Assault, but it was because there was a “serious and highly provoking act” by the victim. This act caused the defendant to feel an anger that they could not resist, which is why they committed the Assault. To successfully raise this defense, the defendant must show that they are a “reasonable” person who is not easily prone to violence. Additionally, there must not have been much time in between the provoking act and the Assault. “Heat of Passion” only works as a defense when the defendant is so overcome with emotion that they act immediately.
The legal definition of Heat of Passion from C.R.S. 18-3-203(2)(a) is:
An example of the “Heat of Passion” defense is when one man comes home and finds his wife in bed with another man. The first man, deeply upset, pulls the other out of the bed and violently beats him.
It is important to know is that the Heat of Passion defense is only a partial defense. This means that Assault charges will not be dismissed if a defendant successfully raises this defense. However, if successfully raised, the charges will be much lower, and the defendant will face less severe penalties if convicted. For example, First Degree Assault is usually a class 3 felony. If the defendant raises the Heat of Passion Defense, First Degree Assault will instead be charged as a class 5 felony.