Colorado Felony Process

The Basic Felony Process

Below is the felony process and the basic sentencing charts for felonies. 

1. The alleged crime:  What Happened
2. Case is started:  Arrest; Summons; Indictment; Warrant
3. Advisement in Court of Charges
4. Preliminary Hearing or Disposition Hearing:  PH for Class 1,2,3 felonies; DH for all others and juvenile cases  (This is where you may try to reach a plea deal)
5. Arraignment:  Plea Not Guilty or Reach a Deal
6. Motions Hearing:  i.e. Motion to Suppress
7. Trial:  to Judge or Jury
8. Sentencing - if you are found guilty or plead guilty
9. You have a right to a speedy trial - but this may not be what you want!

Felony crimes in Colorado are categorized into 6 different categories with each different category having a different range of punishment.


                                

Class 1	Presumptive Minimum - Life in Prison	Presumptive Maximum - Death
Class 2	Presumptive Minimum - 8 years DOC	Presumptive Maximum - 24 years in prison
Class 3	Presumptive Minimum - 4 years DOC	Presumptive Maximum - 12 years in prison (16 yrs. Prison*)
Class 4	Presumptive Minimum - 2 years DOC	Presumptive Maximum - 6 years in prison (8 yrs. Prison*)
Class 5	Presumptive Minimum - 1 year DOC	Presumptive Maximum - 3 years in Prison (4 yrs. Prison*)
Class 6	Presumptive Minimum - 1 year DOC	Presumptive Maximum - 18 months in prison (2 yrs. Prison*)

* If the judge finds exceptional aggravating circumstances, the range can increase to double the maximum.

• If the charge is also designated as a "Crime of Violence," this may result in a mandatory prison sentence, which means the judge has no choice but to sentence you to prison.
• Any sentence to prison will be followed by a mandatory parole.
• Sentencing is a crucial aspect of any case!  You need an experienced attorney at sentencing - it really can make all the difference.

Sex crimes require a different analysis.