Robbins: Making sense of sentencing guidelines in Colorado criminal matters
The worst thing you can be is a one.
More on that in just a jif, but let’s first do a bit of legwork.
In the world of criminal misconduct — from a bird’s eye legal view at least — there are two broad categories into which criminal offenses fall: misdemeanors (more minor crimes, punishable by less than 365 days in county jail), and felonies (more serious transgressions where the punishment is, potentially, without limit, in some states — and for certain federal crimes — ranging up to and including, death).
With both — misdemeanors and felonies — the severity of crimes is ranked or “classed,” with a rank of 1 being at the tippy of the top of the most serious offenses.
In Colorado, as in most if not all other states, sentencing guidelines have been established and serve as a framework for judges to use in determining the appropriate penalty for the various criminal offenses committed within this state. The guidelines take into account such factors as the nature and severity of the crime, the defendant’s criminal history, and any aggravating or mitigating circumstances that may present.
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Offenses are categorized into different “classes” with corresponding penalties. The guidelines provide a recommended range of sentences, and judges are generally expected to stay within that range. However, judges have the discretion to now and then depart from the guidelines under certain circumstances.
Felony offenses range from classes 1 through 6. Misdemeanors fall into classes 1 or 2 (prior to the spring of 2022, there was a third class of misdemeanors — Class 3 — but Class 3s were eliminated by legislative action and subsumed within the remaining two misdemeanor classes).
As noted, Class 1 felonies are the most severe and carry the harshest penalties. Class 2 misdemeanors are the least, including certain criminal traffic offenses.
So, what about the guidelines? What penalties may one face when staring down a conviction for a Colorado crime?
Class 1 misdemeanors are punishable by up to 364 days in jail, and/or up to $1,000 in fines. For “extraordinary risk” Class I misdemeanors, the maximum jail sentence can range up to 18 months. If the victim was on duty as a peace officer, emergency medical provider, firefighter, or mental health professional from the Department of Human Services, the penalty can be even harsher: up to 36 months in the slammer. Some examples of a Class 1 misdemeanor include repeat violations of a protection order, criminal mischief, and theft of property (damage or value of $1,000 to $2,000).
Class 2 misdemeanors can include such matters as theft of property worth at least $300 but less than $1,000, criminal trespass, and invasion of privacy, and are punishable by up to 120 days in jail, a $750 fine, or both.
The above examples of potential misdemeanors are far from exhaustive and can be as extensive as the criminal imagination.
When it comes to felonies, as the crimes are more severe, so are the penalties.
Class 1 felonies carry a penalty of up to life in prison. The range for Class 2s is 8-24 years with fines of $5,000-$1,000,000. Class 3s are 4-12 years with potential fines of $3,000-$750,000. Class 4 felonies may be punished by 2-6 years with fines up to half a million dollars. Class 5 crimes face 1-3 years and up to $100,000 fine and Class 6 felonies, 1 year to 18 months and up to $100,000 in fines.
It should be noted, too, that there are also “extraordinary risk” felonies with their sentencing ranges and none of the above discuss terms of probation upon release or potential victim compensation, either or both of which may apply.
A few quick examples of what may constitute each of the above classes of felonies include Class 1, murder; Class 2, kidnapping and sexual assault; Class 3 robbery and drug possession with intent to distribute; Class 4 offenses include identify theft, vehicular assault, and third-degree burglary; some Class 5 felonies include criminal solicitation, menacing, motor vehicle theft and criminal trespass. Last, but not least, are Class 6 felonies which may include criminal impersonation, assault in the third degree, and indecent exposure.
None of these are anywhere you want to be.
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You should know too that before the state may lock you up, and/or levy a fine against you for an alleged crime, you must first be found guilty of the crime and both state law and the United States Constitution assure you of the right to be tried by a jury of your peers. The standard for conviction of an alleged criminal offense is high; “beyond a reasonable doubt” which has been variously interpreted to mean that there is no other reasonable explanation than that the crime was, in fact, committed and that you are the offender of that crime.
Best advice? Stay clear.
But if stuff does one day happen, knowledge imparts at least a bit of power.
Rohn K. Robbins is an attorney licensed before the Bars of Colorado and California who practices Of Counsel in the Vail Valley with the Law Firm of Caplan & Earnest, LLC. His practice areas include business and commercial transactions; real estate and development; family law, custody, and divorce; and civil litigation. Robbins may be reached at 970-926-4461 or at his email address: Rrobbins@CELaw.com. His novels, “How to Raise a Shark (an apocryphal tale),” “The Stone Minder’s Daughter,” and “Why I Walk so Slow” are currently available at fine booksellers. And coming soon, “He Said They Came From Mars.”
