Colorado Springs Attorney Blog

Colorado Felony Classifications Explained

by | Feb 20, 2024 | Criminal Defense

Quick answer: Colorado divides most non-drug felonies into six classes. Class 1 is the most serious and Class 6 is the least serious felony class. The class sets a starting sentencing range, but the statute defining the offense, the date of the conduct, aggravating factors, prior convictions, and special sentencing laws can change the actual exposure.

The table below summarizes the general presumptive imprisonment and mandatory-parole ranges in C.R.S. § 18-1.3-401 for offenses committed on or after July 1, 2020. It is a general guide only. The statute for the specific charge and any later amendments control.

Colorado felony classes and general presumptive ranges

Felony class General presumptive imprisonment General mandatory parole
Class 1 Life imprisonment None under the general table
Class 2 8–24 years 5 years for a qualifying crime of violence; otherwise 3 years
Class 3 4–12 years 3 years
Class 4 2–6 years 3 years
Class 5 1–3 years 2 years
Class 6 1 year–18 months 1 year

Colorado’s general fine ranges are separate from the imprisonment table. Under C.R.S. § 18-1.3-401, the general presumptive fine ranges are $5,000–$1,000,000 for Class 2; $3,000–$750,000 for Class 3; $2,000–$500,000 for Class 4; and $1,000–$100,000 for Classes 5 and 6. Restitution, surcharges, and other financial obligations may also apply.

What a felony classification does—and does not—tell you

The classification identifies a default statutory range. It does not predict the sentence in a particular case. A court may also consider probation, community corrections, aggravating or mitigating circumstances, the person’s record, restitution, and other authorized sentencing options when the governing law allows them.

Some offenses use sentencing rules that differ substantially from the general table. Important examples include:

  • Crimes of violence: C.R.S. § 18-1.3-406 can require an enhanced sentencing range and incarceration.
  • Extraordinary-risk crimes: Certain offenses can carry a higher maximum than the ordinary presumptive range.
  • Sex offenses: Qualifying cases may be governed by Colorado’s indeterminate lifetime-supervision statutes.
  • Drug felonies: Colorado uses four drug-felony levels under C.R.S. § 18-1.3-401.5 rather than the Class 1–6 table.
  • Habitual-criminal allegations: Qualifying prior convictions can create sentence multipliers or other enhanced exposure.
  • Offense-specific statutes: A statute may create mandatory minimums, consecutive sentencing, probation limits, or a different penalty structure.

Why the date of the alleged offense matters

Sentencing statutes change over time. Courts generally apply the law governing the offense and the applicable effective dates, subject to other legal rules. A current table should not be used to calculate exposure for an older case without checking the statute in effect at the relevant time.

How prior convictions can affect a felony case

A prior record does not normally change the label of the new offense by itself, but it may affect plea negotiations, probation decisions, the sentence selected within a range, or eligibility for an enhanced sentence. Colorado’s habitual-criminal laws are technical and do not apply identically to every prior conviction.

Does a felony always mean prison?

No single answer applies to every felony. Some charges may permit probation or community corrections; other statutes require incarceration or limit the court’s options. The charge, sentencing statute, criminal history, victim-related findings, and negotiated disposition can all matter.

Can a Colorado felony record be sealed?

Record-sealing eligibility depends on the offense, disposition, date, waiting period, and other statutory requirements. Some felony convictions may qualify, while others do not. Do not assume that a felony can—or cannot—be sealed based only on its class.

Official Colorado sources

This page is general educational information, not legal advice. Colorado criminal statutes and sentencing rules change, and small factual differences can materially affect a case.

Get advice about a Colorado felony charge

If you are facing a felony investigation or charge, Maher & Maher Law can evaluate the governing statute, sentencing exposure, and possible defense strategy. Learn about our Colorado criminal defense services or request a consultation.

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