Offense Classification, Sentencing, and Parole

Denver, Colorado, Criminal Defense Lawyer

Many people are not aware of what the terms of sentencing and parole include when a crime is a felony, misdemeanor, or municipal violation in Colorado. As a criminal defense attorney with over 30 years of legal experience, I am well-versed in all of the guidelines and the best negotiation strategies to help minimize the impact of a criminal conviction.

Philip M. Smith, Attorney At Law · Denver, Colorado
Criminal Defense
Free Consultations
(303) 333-8900 · E-mail

Contact me today for a free initial consultation if you have questions surrounding sentencing or parole for any type of offense.

Below is an outline of how sentencing is determined in Colorado, though it is important to note that there is always an exception.

Felony, Misdemeanor, Municipal Ordinance

• Felony-- possible sentences—there are six classes (F1 through F6) of felonies for sentencing purposes
• Can include up to 90 days jail or two years of work release
• Evaluations and treatment for addictions
• Any term or condition reasonably related to rehabilitation and ensuring the defendant will lead a law-abiding life
• Length of probation can be for any length of time
• Some sex offenses have indeterminate (lifetime) probation
• The “two-felony rule” bars probation as a possible sentence for people with two prior convictions unless that rule is waived by the prosecution and that waiver is accepted by the court

Other Conditions for Probation That May Be Included:

• After only one felony conviction of some serious offenses, probation is not a possible sentence
• Community service
• Restitution, if any, is mandatory for all convictions regardless of sentence
• Community corrections (half way house)
• Length of time of probation is controlled by the possible prison sentence
• Prison
• Length of sentence governed by sentencing statutes
• Some crimes, upon conviction, have mandatory prison sentences
• All felony prison sentences have mandatory parole periods set by statute chart

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: (extraordinary risk crimes, habitual criminal, and mandatory sentencing is not reflected).

Misdemeanor and Petty Offenses—possible sentences—there are three classes of misdemeanors (M1, M2, M3) and two classes of petty offenses (PO1, PO2) for sentencing purposes (some traffic charges are treated as misdemeanors)

Probation

• Can be for up to five years
• Can include up to 60 days jail as a term of probation, and a maximum allowed by statute can be suspended on condition of compliance with other terms of the sentence
• Can include any term or condition, including evaluations and treatment for addictions, and any other term or condition reasonably related to rehabilitation and ensuring the defendant will lead a law-abiding life
• Community service
• Restitution, if any, is mandatory on all conviction regardless of the sentence
• Jail
• Length of jail is based on the level of offense
• Chart (extraordinary risk crimes, such as Assault in the Third Degree have increased jail as a possibility)

Municipal Ordinances

• Most cities’ ordinances allow for a maximum fine of $1,000 and one year in jail regardless of the offense.
• The main exceptions to these limits are usually for traffic matters and possession of marijuana and drug paraphernalia.

No matter what charge you are facing, it is important to know all of the consequences. Contact me