Different crimes come with different ratings in the American justice system. It’s a clear way of handing out punishments fitting the severity of the actions. If you ever find yourself with a felony charge, rather than a misdemeanor, you could end up in a lot of trouble if found guilty. Defendants new to the felony system may not realize there are actually 6 classes. So, what do those six classes mean and how can criminal defense attorneys help?
The 6 Felony Classes In Colorado
All licensed criminal defense attorneys from Colorado Springs know the class system in detail. They can offer appropriate legal advice based on your situation and help you prepare for sentencing. Here’s a quick look at the 6 classes from lowest to highest.
Class 6
This is the lower class of felony charge where the defendant has committed a crime too serious to be a misdemeanor but not dangerous enough for long jail terms. These tend not to be excessively violent crimes or anything with long-term repercussions for victims. This includes third-degree assault and some indecency charges.
Class 5
Class 5 gets a lot more serious, with lots of charges relating to threatening behavior. The problem with the list is that it’s easy for those outside the system to question the rankings. For example, false imprisonment and failure to pay child support are both Class 5 felonies but are very different in nature. Cases of homicide through criminal negligence are also in this category, with other forms much higher up. Also, proven attempts or intents to commit class 4 felonies are class 5 charges.
Class 4
Class 4 charges often refer to cases where there was an apparent attempt to seriously harm someone else. Some of these involve physical harm, such as second-degree assault and vehicular assault. Others refer to different types of harm, such as psychological harm and trauma. These include identity theft, extortion, second-degree kidnapping, and enticement of a child. There is also another homicide charge here in the form of vehicular homicide.
Class 3
Moving up to class 3, there is another shift in the violence and intent of many of these crimes. We’re now looking at charges of aggravated robbery, first-degree assault, and second-degree murder committed in the heat of passion. Vehicular homicide may be upgraded to class 3 if under the influence at the time. Other class 3 charges are more controversial. Some may argue that unlawful termination of pregnancy should be on the list and that human trafficking for involuntary servitude is too low.
Class 2
Class 2 crimes are very similar to those in class 3, just with greater severity and intent. For example, there’s a class 2 charge for human trafficking of children, second-degree murder not in the heat of passion, and aggravated robbery of controlled substances. First-degree kidnapping, sexual assault, and attempted first-degree murder are also on the list.
Class 1
There aren’t as many Class 1 charges, but they are all horrific crimes. First-degree murder is here, which includes the deliberate intent to kill. There is also a different first-degree kidnapping charge, which can include evidence of bodily harm, the intent to obtain a ransom, and forcible seizing. Other charges include child abuse cases that result in death, assaults carried out by escaping prisoners, and treason.
Circumstances Affecting Class Rankings
There is a risk of generalizing too much when talking about the different types of crimes in these categories. There isn’t always a clear pattern. Also, the class can depend on several circumstances related to the case. For example, the Class 4 charge of second-degree kidnapping depends on the actions against the victim. It’s only a class 4 if there was no use or threat of a weapon and no sexual offense.
There is also a different system for drug felonies, with four separate categories there. Level 4 cases include the possession of Schedule I or II drugs and selling more than 4g of Schedule III and IV drugs. Level 1 cases of possession and distribution relate to much larger quantities. There are also charges for selling to minors.
The Penalties For Colorado Felony Crimes
Each class has a different set of penalties that relate to the seriousness of the crime. A class 6 felony, for example, could mean as little as 1 year to 18 months in jail, parole after a year, and/or a fine up to $100,000. By class 3, this increases significantly. The jail term could be between 4 and 12 years, with parole at 3 years. The fine could be as high as $750,000. Class 1 is where you see life sentences with no parole.
There is also the chance that some defendants facing felony charges will avoid prison. Plea bargains for alternatives to prison can result in suspended sentences and community correction programs. For example, those on drug or violence-related charges may receive reduced sentences for completely state-mandated programs.
It should be noted that there is no death penalty in Colorado. There are also caveats to the terms on extraordinary risk felonies. On top of this, convicted felons can lose their right to vote while incarcerated and permanently lose their right to own a firearm. The complexity of the system is why it is so important to get professional help.
Get Support From Professional Criminal Defense Attorneys
Anyone facing felony charges, regardless of the level, must hire expert legal representation. Self-representation doesn’t work in these serious cases. You can do more harm than good and won’t be able to negotiate the best deal based on the evidence. A high-end Colorado criminal defense team will do all they can to present a case and get the best results. If you are innocent, they will work hard to prove that fact with detailed evidence and witnesses. If you’re guilty, they can ensure your right to a fair trial and appropriate justice.
The sooner you contact legal support after your arrest, the better your chances. Find a legal team with experience in your area and great reviews. Rely on them to get you the best results possible, whatever the class of felony.
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