When a judge is sentencing a person who has been convicted of or plead guilty to a crime, there are many different punitive routes the judge can take. Based on the facts of the case and Colorado sentencing law, the judge can choose a less severe punishment like probation all the way up to a harsher punishment like prison. Judges don’t have the power to sentence someone convicted of a low level felony to life in prison. Colorado law has created incarceration sentencing ranges, which give judges a guideline to the amount of time a person can be incarcerated in a prison.
Prison Sentences for Felony Crimes in Weld County
In order to be sentenced to a Colorado Department of Corrections (DOC) prison, a person must have a felony conviction. Below is a table showing the prison sentence range for each level felony in Weld, Morgan, and Logan County:
| Felony Level | Prison Sentence Range | Crime Example |
| Class 1 Felony | Life imprisonment or death | 1st Degree Murder |
| Class 2 Felony | 8 to 24 years in DOC | 2nd Degree Kidnapping |
| Class 3 Felony | 4 to 12 years in DOC | Theft ($100,000 to $999,999) |
| Class 3 Extraordinary Risk Felony | 4 to 16 years in DOC | Aggravated Robbery |
| Class 4 Felony | 2 to 6 years in DOC | Identity Theft |
| Class 4 Extraordinary Risk Felony | 2 to 8 years in DOC | Child Abuse |
| Class 5 Felony | 1 to 3 years in DOC | First Degree Criminal Trespass |
| Class 5 Extraordinary Risk Felony | 1 to 4 years in DOC | Stalking |
| Class 6 Felony | 12 to 18 months in DOC | Felony Failure to Register as a Sex Offender |
| Class 6 Extraordinary Risk Felony | 1 to 2 years in DOC | Invasion of Privacy for Sexual Gratification (victim under 15) |
As you can see, there are certain crimes which Colorado law has deemed as ‘extraordinary risk’ crimes because they ‘present an extraordinary risk of harm to society.’ Crimes that have this designation have a higher maximum sentence (see table above). Some felony crimes carry a mandatory prison sentence, which the judge must enforce. Domestic Violence felony charges may increase your sentence. If there is no mandatory prison time involved, the judge can get creative and sentence a person with a felony conviction to probation with a stipulation of serving a certain amount of time in Weld County Jail. This would avoid prison time, but would have a certain amount of incarceration involved in the sentence.
Not All Crimes Are Charged and Sentenced the Same in Greeley
Under Colorado law, there are many crimes which can be charged as different felony levels based on the elements of the crime. For example, Theft is not just charged as a class 3 felony, as illustrated in the table above. It is only a class 3 felony in Greeley, Windsor, and Erie when the item or items taken are worth $100,000 to $999,999. If the value of the stolen items is a million dollars or more, the Theft is charged as a class 2 felony. On the other hand, if items stolen total $2,500, it would be charged as a class 6 felony.
Have you been charged with a felony? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Have you been charged with a felony? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
The Law is Complex and Unclear on Felony Sentences: We Can Help!
When the law divides up a crime into it’s different circumstances and punitive levels, it becomes very complicated and confusing. With over 40 years of combined experience, we understand all the facets of Colorado criminal law and can help explain it to you in a way that makes sense. We pride ourselves on being able to successfully guide our clients through this difficult time. Don’t hesitate to call us and schedule a free consultation. You can have a free meeting with a trustworthy lawyer to help you better understand the sentence you are facing.
If you or someone you love has been charged with a felony and may be facing prison time, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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