Normal Sentence Ranges: What is the Presumptive Range for a Felony Sentence?

Each different felony level is given a time range that judges and courts must adhere to during sentencing and through negotiations with the Weld County DA. These ranges allow some discretion in sentencing, giving the judge to ability to sentence to the minimum amount, the maximum amount, or any amount in between.  These ranges are also followed by the Larimer County DA when a plea deal is offered. The ranges are as follows:

• Class 6 Felony Sentence
  • 12 to 18 months in the Department of Corrections
• Class 5 Felony Sentence
  • 1 - 3 years in DOC
• Class 4 Felony Sentence
  • 2 - 6 years in DOC
• Class 3 Felony Sentence
  • 4 - 12 years in DOC
• Class 2 Felony Sentence
  • 8 - 24 years in DOC
• Class 1 Felony Sentence
  • Life to Death in DOC

Please note that the chart above only applies to the felony crimes which are not considered extraordinary risk crimes, crimes of violence, or crimes eligible for indeterminate sentencing. Keep reading to find out more about the sentencing requirements for specially labeled crimes.

What Does a Sentence for an Extraordinary Risk Crime Mean?

Class 3, 4, 5, and 6 felony crimes that the Colorado legislature has deemed as presenting an extraordinary risk of harm to society are given increased maximum sentences. These crimes include:

• Aggravated Robbery
• Child Abuse
• Unlawful distribution, manufacturing, dispensing, sale or possession of a controlled substance
• Any crime of violence
• Stalking
• Sale or distribution of materials to manufacture controlled substances
• Felony Invasion of Privacy for Sexual Gratification
• Human Trafficking for Involuntary Servitude
• Human Trafficking for Sexual Servitude
• Assault in the Second Degree Involving Strangulation

The ranges for extraordinary risk crimes in Greeley, Erie, and Evans are as follows:

• Class 6 Felony - Extraordinary Risk
  • 1 - 2 years in the Department of Corrections
  • $1,000 - $100,000 in fines
• Class 5 Felony - Extraordinary Risk
  • 1 - 4 years in DOC
  • $1,000 - $100,000 in fines
• Class 4 Felony - Extraordinary Risk
  • 2 - 8 years in DOC
  • $2,000 - $500,000 in fines
• Class 3 Felony - Extraordinary Risk
  • 4 - 16 years in DOC
  • $3,000 - $750,000 in fines

What are the Sentences for Crimes of Violence?

In Colorado, there are certain crimes that are considered violent and are therefore subject to an extended sentencing range. If the following crimes / circumstances exist, then the sentencing range for a crime of violence applies:

• During the commission of one of the following crimes, the defendant used, or possessed and threatened the use of a deadly weapon; or caused serious bodily injury or death:
  • Murder
  • First or Second Degree Assault
  • Kidnapping
  • Certain sexual offenses (see list above)
  • Aggravated Robbery
  • First Degree Arson
  • First Degree Burglary
  • Escape
  • Criminal Extortion
  • First or Second Degree Unlawful Termination of a Pregnancy
  • Any Crime Against an At-Risk Adult or an At-Risk Juvenile
• Certain Felony Sexual Offenses:
  • Sexual Assault
  • Felony Unlawful Sexual Contact
  • Sexual Assault on a Child
  • Sexual Assault on a Child by One in a Position of Trust
  • Aggravated Sexual Assault on a Client by a Psychotherapist
  • Enticement of a Child
  • Incest
  • Aggravated Incest
  • Patronizing a Prostituted Child
  • Internet Luring of a Child with the intent to meet for the purposes of engaging in sexual exploitation or sexual contact
  • Internet Sexual Exploitation of a Child

The sentencing ranges on these crimes are extended from the midpoint to twice the maximum of the presumptive range:

• Class 6 Felony Crime of Violence
  • 15 months to 3 years in the Colorado Department of Corrections
• Class 5 Felony Crime of Violence
  • 2 - 6 years in DOC
• Class 4 Felony Crime of Violence
  • 4 -12 years in DOC
• Class 3 Felony Crime of Violence
  • 8 - 24 years in DOC
• Class 2 Felony Crime of Violence
  • 16 - 48 years in DOC

Indeterminate Sentencing and Sexual Offenses

Indeterminate sentences are imposed for certain sexual offenses. This means a judge will give someone a minimum sentence, but no maximum – as DOC can hold a person for up to their natural life. When these sentences are imposed, the parole board will decide when a person is released, but they must be incarcerated for the minimum amount of time the judge sentenced. Crimes which have indeterminate sentences include:

• Sexual Assault
• Felony Unlawful Sexual Contact
• Sexual Assault on a Child
• Sexual Assault on a Child by One in a Position of Trust
• Aggravated Sexual Assault on a Client by a Psychotherapist
• Enticement of a Child
• Incest
• Aggravated Incest
• Patronizing a Prostituted Child
• Internet Luring of a Child with the intent to meet for the purposes of engaging in sexual exploitation or sexual contact
• Internet Sexual Exploitation of a Child

You may notice that these are the same crimes listed as crimes of violence. Because of this, the minimum for these sentences will be the midpoint of the presumptive range with no maximum:

• Class 6 Felony Sexual Offense Sentence
  • 1 year to Life in the Colorado Department of Corrections
• Class 5 Felony Sexual Offense Sentence
  • 2 years to Life in DOC
• Class 4 Felony Sexual Offense Sentence
  • 4 years to Life in DOC
• Class 3 Felony Sexual Offense Sentence
  • 8 years to Life in DOC
• Class 2 Felony Sexual Offense Sentence
  • 16 years to Life in DOC

There are other special circumstances with sentencing for some sexual offenses. If the defendant has been convicted of Sexual Assault, Sexual Assault on a Child or Sexual Assault on a Child By One in a Position of Trust involving sexual intrusion or penetration where the actor was 18 years of age or older and at least 10 years older than the child, and the child was less than 12 years old, then the following sentencing guidelines apply:

• Class 4 Sexual Offense Felony
  • 10 - 16 years minimum to Life in DOC
• Class 3 Sexual Offense Felony
  • 18 - 32 years minimum to Life in DOC
• Class 2 Sexual Offense Felony
  • 24 - 48 years minimum to Life in DOC

How an Experienced Criminal Defense Attorney Can Help You with Your Weld County Felony Charge

As you can see, the laws surrounding sentencing are confusing at best. There are so many different exceptions and addendums to the rules, it makes trying to understand this on your own next to impossible. If you are facing felony charges and wondering what the potential sentence for your crime is, contact a trusted attorney who can give you the direct and precise information regarding sentencing ranges and your situation in Greeley and Weld County.