Felony Defense Lawyers in Colorado Springs

Colorado divides felonies into six classes, from class 1, the most serious, down to class 6. Drug felonies have their own four levels. Felony cases are heard in District Court, and a conviction carries consequences a misdemeanor doesn’t, including the loss of the right to own a firearm and the possibility of prison.

The felony classes

For offenses committed since July 1, 2020, the presumptive prison ranges are:

• Class 1: life imprisonment
• Class 2: 8 to 24 years
• Class 3: 4 to 12 years
• Class 4: 2 to 6 years
• Class 5: 1 to 3 years
• Class 6: 1 year to 18 months

A prison sentence is followed by a period of mandatory parole, which the court can’t waive. Prison is not the only possible sentence for most felonies: probation, community corrections, and deferred judgments are all available in the right case.

Some circumstances push a sentence above the range. If a person was on parole or probation for another felony at the time, or the offense is a crime of violence, a prison sentence must fall within an aggravated range that can reach twice the maximum. A crime of violence, a listed offense in which a deadly weapon was used or threatened or someone was seriously injured, requires prison of at least the midpoint of the range. Whether the prosecution can prove those circumstances is often the most important question in a felony case.

The preliminary hearing

For class 1, 2, and 3 felonies and the top two drug felony levels, and for lower-class felonies that are crimes of violence, require mandatory sentencing, or are sexual offenses, you can demand a preliminary hearing. A judge decides only whether there is probable cause to go forward. The hearing is still valuable: it puts the prosecution’s witnesses under oath early and shows how the case holds up. Whether to demand it or waive it in exchange for something better is a strategic call.

Where felony cases are decided

Most felony cases are shaped well before trial. The lawfulness of the search that produced the evidence, whether statements were taken in violation of your rights, whether the charge overstates what the evidence supports, and whether a plea to a lower class or a deferred judgment is realistic all matter more, in most cases, than the trial itself.

Your record matters too. The range you realistically face depends on your history and any enhancers, and it is usually well below the maximum. We give you that realistic range early, not late.

How we handle felony cases

We start with the arrest and charging documents and identify every point where the case can be challenged or reduced: bond, the preliminary hearing, suppression motions, and negotiation with the district attorney. We give you a realistic view of sentencing exposure from the start, so you can make decisions with accurate information. Both partners have worked as deputy district attorneys.