In Colorado, the most serious crime that you
can be charged with is a felony. The state divides felonies into six
classifications from Class 1 to Class 6, with a Class 1 being the most serious.
So, if you’ve been charged with a Class 2 felony, your situation may be dire,
and it’s vital that you understand the potential penalties that may be
associated with a conviction.
What are Class 2 Felonies in
Colorado law specifies the crimes that qualify
as Class 2 felonies. The list is long, but this is a fairly comprehensive
representation of the crimes that are included in this class:
attempt to commit a class 1 felony (such as capital murder);
solicitation (attempting to persuade another person to commit a Class 1
kidnapping, if the victim was freed and unharmed;
assault, if threats or deadly weapons are used, if the victim suffers serious
bodily harm, and/or if the defendant was physically aided by another person;
robbery of controlled substances;
of property valued at $1 million or more;
of illegal aliens;
a child to commit prostitution;
crimes against at-risk juveniles;
second or subsequent use of GHB;
using, giving, sending, or mailing an explosive or incendiary device (includes
biological, radiological, and chemical weapons); and
escaping after confinement for a Class 1 or 2 felony.
Penalties for a Class 2 Felony
If you are convicted of a Class 2 felony in
Colorado, the penalties can be severe. These include a minimum of 8 years in
prison up to a maximum of 24 years. There are also fines ranging from $5,000-$1
Felonies involving drugs have different
penalties. The prison sentence for a Class 2 drug felony ranges from 4-8 years,
but it goes up to 8-16 years for an aggravated charge. Fines range from
$3,000-$750,000 in addition to the drug offender surcharge fine ranging from
These sentencing guidelines can be increased
if the courts find that you are a habitual offender.
What are Enhanced Felony
Colorado law also specifies a number of
situations in which the “normal” (presumptive) range of penalties can be
increased. Some of the most common enhance circumstances include:
extraordinary risk crime;
crime of violence; or
felony committed while on felony probation.
If you are convicted of an extraordinary risk
crime in Colorado, the maximum possible sentence could increase by up to two
years. These crimes include:
manufacturing, dispensing, distribution, possession, or sale of a controlled
substance with the intent to dispense, distribute, or sell.
If You’ve Been Arrested for a
Class 2 Felony in Colorado
Law enforcement officers and prosecutors often
use the tactic of threatening serious felony charges and then offering the
arrested party an “opportunity” to plead guilty to a lesser charge. Agreeing to
this is a terrible idea until you first discuss your case with a seasoned
criminal defense attorney.
In many cases, those higher charges are
nothing short of an intimidation tactic. Prosecutors may not be able to meet
the requirements for proving the crime and securing a conviction.
Prematurely agreeing to something just to end
your case can have life-altering consequences. You may be sent to prison and
face steep fines. Further, a conviction can impact your ability to get certain
jobs, hold professional licenses, and even find a place to live.
Just like anyone else in this country, you
have rights. Your criminal defense attorney can review your case and note any
weaknesses in the state’s case. We will attack any mistakes made by the police
or weak evidence to secure the best possible outcome in your case.
Aggressive Colorado Springs
If you’re facing a Class 2 felony charge in
Colorado Springs, this is a serious situation. The prosecution might offer you
a plea bargain, but this may not be in your best interests.
At Anderson & Carnahan, Attorneys at Law,
our criminal defense attorneys have over 50 years of combined legal experience
defending clients against the most serious legal charges. As former District
Attorneys, we are intimately familiar with this state’s laws and legal
procedures, and we are ideally positioned to provide clients with the best
Never assume that you can handle felony
charges on your own. There is too much at stake. Contact our office today at
(719) 473-9099 to schedule a free initial consultation.