A felony is the most serious type of charge that can be alleged against an individual. In the Colorado state system, felonies are divided into six different classifications, depending upon the nature of the crime and the maximum potential penalty that can be imposed. Each of the six different felony classifications contains a presumptive penalty range, which provides for a minimum and maximum level of incarceration to be levied against a defendant, if incarceration is imposed. Penalties range from a minimum period of one year of incarceration to a maximum period of life in prison, or even death.
The court may deviate from the presumptive penalty range if extraordinary aggravating or mitigating circumstances are found. However, in light of these extraordinary aggravating or mitigating circumstances, a court will be restricted to sentencing a defendant to a term of incarceration that does not exceed two times the maximum or one-half the minimum presumptive range. Other factors, which may influence a felony sentence, include whether or not the conviction at issue is for what is termed an "extraordinary risk crime", or part of a repeat "habitual" or "three strike" provision.
Unless a statute provides for a mandatory sentencing provision, a judge in a felony case may elect between the sentencing provisions of incarceration, probation, community corrections, and fines. If incarceration is imposed, additional mandatory terms of parole will continue after a defendant has served his/her period of incarceration.
Some of the most common types of felonies, which are prosecuted, include robbery, grand theft, drug possession and/or sales, sexual assault, burglary, and aggravated assault.
If you have been charged with a felony, are about to be charged, or are "under investigation" for a felony as a named suspect or "person of interest" call us immediately at 303-355-5148, or toll-free, statewide, at 1-888-DUI-COLO (1-888-384-2656) to discuss your options.