Criminal Sentencing

 

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Robert D. Gustafson, Attorney At Law
COLORADO SPRINGS TRIAL LAWYER

6538 Charter Drive
Colorado Springs, CO 80918-1335
Phone (719) 260-1002
Toll Free (800) 410-1002

E-MAIL    ATTORNEY
 


Attorney Business Hours
Attorney Availability Status
FREE INITIAL CONSULTATION
 
Fax (719) 260-1003

CRIMINAL SENTENCING
COLORADO SPRINGS CRIMINAL DEFENSE ATTORNEY
WELCOME
I appreciate your interest
perhaps I will become your attorney
In the early 1980's a cartoon was posted in the outer guard shack at the prison complex near Canon City (cartoon not visible to the general public) ....  It depicted a man in prison garb with his hands wrapped around vertical bars securing a window.  The prisoner was looking out at the blue spruce trees on a nearby mountainside....  Caption: "Welcome to Colorado.  Enjoy the scenery.  Stay awhile."  This web page is not a fun site to visit, but a little knowledge may be of benefit.
COLORADO CRIMINAL SENTENCING
CRIMINAL OFFENSE CLASSIFICATION - PRESUMPTIVE SENTENCING
COLORADO SPRINGS CRIMINAL DEFENSE ATTORNEY
Colorado Criminal Law Trial Practice 25+ Years in State Courts & Colorado Springs Municipal Court
El Paso County & Surrounding Colorado Counties - Attorney Trade Area
TRAFFIC CASE - INFRACTION TRAFFIC CASE- MISDEMEANOR OFFENSE
CRIMINAL - PETTY OFFENSE CRIMINAL - MISDEMEANOR OFFENSE
CRIMINAL - FELONY OFFENSE CRIMINAL - OFFENSES NOT CLASSIFIED
SENTENCING - HABITUAL CRIMINALS GENERIC SENTENCING PROVISIONS
DUI SENTENCING DEFERRED SENTENCING DOMESTIC VIOLENCE SENTENCING
SEALING CRIMINAL JUSTICE RECORDS DOMESTIC VIOLENCE - FIREARMS - BRADY BILL
RIGHT TO SILENCE WARNING COMPLETION FORMS REMEDIAL LINKS

ATTORNEY POLICIES
Attorney Representation & Declined Matters
Legal Advice to Clients - Not General Public
Pro Bono Assistance or Installment Payment
Representation Now - Another Attorney or Self
Post Sentencing - Revocation or Appeal
Cases Outside Colorado Springs - Travel

 

Colorado Springs Criminal Sentencing - Colorado felony offenses, misdemeanor offenses, petty offenses, DUI, DWAI, DEAC, traffic offenses - classifications & sentencing grid - deferred sentencing information, probation, presumptive fines, court costs, jail, useful public service, alcohol education & therapy classes, antabuse - disulfiram, AA meetings, urinalysis - UA


CRIMINAL & TRAFFIC COURT COSTS
County Court
CRIMINAL COSTS
District Court
CRIMINAL COSTS
above links direct to costs * * link on right to state website
COLORADO STATE COURT WEBSITE
link to Colorado Judicial Branch website -  current costs
COLORADO STATE COURT COSTS

TRAFFIC CASE - INFRACTION
Classification - Presumptive Sentencing Penalties
caveat: statutes may have been amended since last updated here

TRAFFIC INFRACTIONS Presumptive Jail Presumptive Fines
CRS 42-4-1701 Minimum   Maximum Minimum   Maximum
Class A Traffic Infraction Classification (TI-A) None None $15  $100 
Class B Traffic Infraction Classification (TI-B) None None $15  $100 

TRAFFIC CASE - MISDEMEANOR
Classification - Presumptive Sentencing Penalties
caveat: statutes may have been amended since last updated here

MISDEMEANOR TRAFFIC OFFENSES Presumptive Jail Presumptive Fines
CRS 42-4-1701 Minimum   Maximum Minimum   Maximum
Class 1 Misdemeanor Traffic Offense Classification (T-1) 10 days 1 year $100  $1,000 
Class 2 Misdemeanor Traffic Classification (T-2) 10 days 90 days $10  $300 

CRIMINAL CASE - PETTY OFFENSE
Classification - Presumptive Sentencing Penalties
caveat: statutes may have been amended since last updated here

PETTY CRIMINAL OFFENSES Presumptive Jail Presumptive Fines
CRS 18-1.3-503 Minimum   Maximum Minimum   Maximum
Class 1 Petty Classification (P-1) None 6 months None $500 
Class 2 Petty Classification (P-2) None None per statute charged per statute charged

Penalty assessment procedure (pay by mail) may be utilized - CRS 16-2-201


CRIMINAL CASE - MISDEMEANOR OFFENSE
Classification - Presumptive Sentencing Penalties
caveat: statutes may have been amended since last updated here

MISDEMEANOR CRIMINAL OFFENSES Presumptive Jail Presumptive Fines
CRS 18-1.3-501 Minimum   Maximum Minimum   Maximum
Class 1 Misdemeanor Classification (M-1)  6 months 18 months $500 $5,000
Class 2 Misdemeanor Classification (M-2) 3 months 12 months $250 $1,000
Class 3 Misdemeanor Classification (M-3) None 6 months $50 $750

CRIMINAL CASE - FELONY OFFENSE
Classification - Presumptive Sentencing Penalties
caveat: statutes may have been amended since last updated here

FELONY CRIMINAL OFFENSES Presumptive Prison Presumptive Fines
CRS 18-1.3-401 Minimum Maximum Parole Minimum Maximum
Class 1 Felony Classification (F-1) Life Imprisonment Death n/a None None
Class 2 Felony Classification (F-2) 8 years 24 years 5 years $5,000 $1,000,000
F-2 Mitigated 4 years 12 years      
F-2 Aggravated 8 years + 1 day 48 years      
Class 3 Felony Classification (F-3) 4 years 12 years 5 years $3,000 $750,000
F-3 Mitigated 2 years 6 years      
F-3 Aggravated 12 years + 1 day 24 years      
Class 4 Felony Classification (F-4) 2 years 6 years 3 years $2,000 $500,000
F-4 Mitigated 1 year 3 years      
F-4 Aggravated 2 years + 1 day 12 years      
Class 5 Felony Classification (F-5) 1 year 3 years 2 years $1,000 $100,000
F-5 Mitigated 6 months 18 months      
F-5 Aggravated 3 years + 1 day 6 years      
Class 6 Felony Classification (F-6) 1 year 18 months 1 year $1,000 $100,000
F-6 Mitigated 6 months 9 months      
F-6 Aggravated 1 year + 1 day 3 years      

two felony convictions - minimum sentence mandatory - no probation  CRS 18-1.3-401(1)(b)(II)

Mitigation - not less than one-half the presumptive minimum sentence  CRS 18-1.3-401(6)

Aggravation - not more than twice the presumptive maximum sentence.  CRS 18-1.3-401(6)

Extraordinary aggravating circumstances - at least midpoint presumptive sentence, not more than twice presumptive maximum sentence.  CRS 18-1.3-401(8)(a)  Examples - crime of violence, on parole - probation or bond when offense committed.  There are many more aggravating circumstances contained in CRS 18-1.3-401(8)




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CRIMINAL CASE - OFFENSES NOT CLASSIFIED
Sentencing Penalties
caveat: statutes may have been amended since last updated here

CRS 18-1.3-504. Misdemeanors and petty offenses not classified
        (1) Any misdemeanor or petty offense defined by state statute without specification of its class shall be punishable as provided in the statute defining it.
        (2) Every sentence entered under this section shall include consideration of restitution as required by part 6 of this article and by article 18.5 of title 16, CRS

CRS 18-1.3-505 


OTHER SENTENCING PROVISIONS
ALL TYPES OF CASES
caveat: statutes may have been amended since last updated here

        The statutory scheme of the particular offense charged may provide different or additional penalties to the general statutory scheme identified above.  

        By way of example:  3rd degree assault (M-1)
                18 months maximum (M-1) pursuant to general sentencing statute  CRS 18-1.3-501(1)
                2 year maximum - exception to general sentencing statute  CRS 18-1.3-501(3)(a)&(b)
                        Based upon
                6 months mandatory minimum jail - domestic violence - pregnant victim -   CRS 18-1.3-501(6)


SENTENCING - HABITUAL CRIMINALS
caveat: links may have been changed since last updated in this website

CRS 18-1.3-801. Punishment for habitual criminals - refer to statute
        statutes may be found in the local law library or on-line


QUICK SENTENCING & RESOURCE REFERENCE
DUI SENTENCING * ALCOHOL EDUCATION
PUBLIC SERVICE
* VICTIM IMPACT PANEL

Grid pages provide a quick summary of jail (some mandatory), alcohol education & public service
caveat: statutes may have been amended since last updated here

DUI and DEAC Sentencing DWAI Sentencing
Alcohol Offense - Synopsis - BAC 0.20+ Alcoholics Anonymous McMaster Clinic
Alcohol Education Sentencing Grid Classes - Alcohol Education & Therapy
Useful Public Service Sentencing Grid Public Service Supervision Agencies
Victim Impact Panel - Colorado Springs MADD Classes - Alcohol Education  -  MIP
Classes - Domestic Violence & Anger Management Classes - Traffic Safety
Classes - Petty Theft Completion Forms * Deferred Sentencing

Alcohol Education Sentencing Grid based upon Department of Health Regulations
6 CCR 1008-1(8.4)  (Code of Colorado Regulations).  


DOMESTIC VIOLENCE SENTENCING

QUICK SENTENCING GRID   CRS 18-1.3-401 Felony and CRS 18-1.3-501 Misdemeanor
caveat: statutes may have been amended since last updated here

Class of Crime Location Incarceration Presumptive Range

Fine Range

Misdemeanor Class 1 (M-1) County Jail  6 months - 18 months $   500 $   5,000
Misdemeanor Class 2 (M-2) County Jail  3 months - 12 months $   250 $   1,000
Misdemeanor Class 3 (M-3) County Jail  0 months - 6 months $     50 $      750
Felony Class 3 (F-3) State Penitentiary 4-12 years, Max: 24 years $3,000 $750,000
Felony Class 4 (F-4) State Penitentiary 2- 6 years, Max: 12 years $2,000 $500,000
Felony Class 5 (F-5) State Penitentiary 1- 3 years, Max: 6 years $1,000 $100,000
Felony Class 6 (F-6) State Penitentiary 1- 1½ years, Max: 3 years $1,000 $100,000
 

        For more information, I have included an abbreviated summary of statutes regarding criminal sentencing.  It is not intended to be all inclusive, however does contain a summary of basic information pertaining to a range of relevant sentencing penalties. 
                SENTENCING - Misdemeanor
                SENTENCING - Felony
                All sentences may include assessment / evaluation at a state certified agency and must include domestic abuse counseling. CRS 18-6-801(1)(a) and CRS 16-11.8-104
                Jail sentence to home detention (ankle bracelet) is prohibited CRS 18-6-801(4)
                The Court may impose any other condition reasonably related to rehabilitation. 
                A period of probation or parole would not be uncommon. 

 
        In addition to the criminal court's sentence, a convicted defendant is subject to:
            a.  Identification as a domestic abuser in the Colorado Bureau of Investigations CBI Central Registry.
                    Should law enforcement again respond to a person's residence regarding a potential domestic disturbance and the party is identified in the CBI Central Registry, that nearly guarantees arrest regardless of the factual circumstances.  CRS 18-6-803.7
            b.  Use of the offense in any subsequent (later) prosecution for a separate offense - evidence
                    common plan, scheme or design, lack of mistake, guilty knowledge, intent, modus operandi, identity, or motive CRS 18-6-801.5
            c.  Criminal justice records are open unless sealed.  Refer to Sealing Criminal Records page.
                    Open records may affect the ability to adopt, parental responsibility and parenting time in family law cases, ability to gain or maintain employment, hunting license, concealed weapons permit, education, rental housing, and domestic violence conviction could possibly affect a future personal relationship.
            d.  Inability to possess, own or attempt to purchase a firearm - federal crimes.

United States Code
federal statutes - domestic abuse or domestic violence and firearms
18 USC 921 and 18 USC 922 are also known as the Brady Bill
act named after James Brady who was shot when John Hinckley, Jr. attempted to assassinate President Ronald Reagan on 3/30/1981
18 USC 921
definitions
 
18 USC 922
unlawful acts - firearms
ownership - possession - attempt to purchase
18 USC 2261
interstate domestic violence
 
18 USC 3563 and 3563 Update
conditions of probation
18 USC 3583 and 3583 Update
supervised release after imprisonment
CRS 18-12-108
Colorado law - weapon prohibition
note: government sites change location with regularity - if the above links don't work, try  US Code Search
 

COMPLETION CERTIFICATE FORMS
Alcohol Education * Alcohol Therapy * Public Service * AA Meetings * Antabuse - disulfirum
deferred sentence * probation
Colorado trial practice 25+ years - Colorado State Courts & Colorado Springs Municipal Court
DUI, DEAC or DWAI    *   *   Driving Under Restraint   *   *   Speeding Tickets

**  NOTE:  Effective December, 2004 public service in El Paso County must be completed under supervision of an approved agency with insurance on the worker.  The court will not give credit for public service completed outside supervision and will not accept verification other than through the supervision agency.  Chief judges of other counties may have instituted similar blanket orders.

Adobe Acrobat Reader version 5 or later is required to view .pdf files    Free Download
  1. Current Clients  will be provided with verification forms containing name and case number.
            Current clients may print any above linked form for individual but not commercial or law office use.  Files are password restricted. 

  2. Former Clients and Non-Clients may print and use any linked verification form identified in blue.
            Former & non-clients do not have permission to print or otherwise use any linked verification form identified in red.  This restriction is not any inconvenience - it merely removes my name from the caption of pleadings and thereby avoids any possible confusion to the court or prosecutors.  Otherwise, the Current Client or Former Client and Non-Client forms are the same.
            Former & Non-Client limited permission to forms identified in blue extends to individual but not commercial or law office use.        

  3. Use of any form shall not constitute representation, nor shall it be considered an appearance of counsel in any litigation




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ATTORNEY REPRESENTATION
AND DECLINED MATTERS
 

NOTICE:  I NO LONGER ACCEPT CASES:
SEXUAL ASSAULT (RAPE) or SEXUAL ASSAULT ON A CHILD

 
NOTICE:  I DO NOT ACCEPT THE FOLLOWING CASES
ROBBERY, FIRST DEGREE ASSAULT or MURDER CHILD ABUSE HOMICIDE OR FELONY CHILD ABUSE
 
SEALING CRIMINAL RECORDS CRIMINAL DEFENSE TRAFFIC DEFENSE DRUNK DRIVING - DUI DEFENSE
DRIVER LICENSE DEFENSE FAMILY LAW  DEBT COLLECTION COMMUNITY RESOURCES
FIRST CONSULTATION ACCOUNTING STRUCTURE PRIMARY WEBSITE INDEX
ATTORNEY SELECTION RETAINING GUSTAFSON ADVICE BY LAYMEN
 

I welcome representation inquiries however please refer to first consultation - the purpose is not to provide free legal advice to the general public.  Unless seeking to retain counsel, please do not email or call.  I do not provide legal opinions, answers or information in response to questions submitted from non-clients.  Given the scope of internet accessibility I can not be the free "Colorado answer man" and will politely decline.

 

ALTERNATIVES

FIND A LAWYER

if you are seeking the below
please refer to above links for helpful information
sole practitioner attorney does not accept these matters
 

a.  a pro-bono (free) lawyer
b.  an attorney who may take lower fees - economic hardship
c.  an attorney who may take installment payments

Attorney Welcomes

third party payment authorization
charge card merchant discount
 
MID-LITIGATION REPRESENTATION
alternatives and find a lawyer links provided as a courtesy

Attorney Policies
Defendant Pro Se - Attempt to Defend Own Case

1.  Adequate Time.  If sufficient time exists to adequately prepare your defense and if prospective client approves this attorney's fees and costs structure, attorney will likely accept defense representation.  This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation.

2.  Insufficient Time.  If you've waited until the eleventh hour and there is not sufficient time to prepare an adequate defense before a contested court proceeding, please do not call.  I decline.

3.  Limited Assistance.  Please do not call requesting instruction, directions, legal theory, forms completion or limited document drafting, partial representation, or an explanation of applicable law to assist you in defense of your own case.  I decline.

Attorney Policies
Representation by Previous Attorney

1.  Current Attorney.  Until an order has entered withdrawing representation by an attorney, an ethical rule violation exists if counsel knowingly speaks to another attorney's client without current attorney's consent.  This ethical rule governs all attorneys.  Please do not call until after you have terminated representation by a former attorney.  Please be aware, after other counsel's withdrawal it may be difficult for the the new attorney to "catch up."

2.  Adequate Time.  If prospective client terminates employment of the former attorney, if sufficient time exists to adequately prepare your defense, and if prospective client approves this attorney's fees and costs structure, attorney will likely accept defense representation.  This shall not constitute an offer of representation; attorney and prospective client retain discretion through first consultation.

3.  Insufficient Time.  If you've waited until the eleventh hour and there is not sufficient time to prepare an adequate defense before a contested court proceeding, please do not call.  I decline.

4.  Second Opinion.  I will not arm chair quarterback another attorney's defense tactics or theory of defense.  Please do not call for a second opinion or an opinion regarding the competence of your current defense.  I decline.

 
 
POST SENTENCING MATTERS
PROBATION REVOCATION  *  PAROLE VIOLATION
DEFERRED SENTENCE REVOCATION  *  APPEALS

Post Sentencing.  I do not accept post sentencing matters in any criminal, DUI or traffic case unless I provided representation during the case in chief at the trial court level and am familiar with the facts, testimony and exhibits received into evidence, rulings & meritorious issues. That's been my policy for years.  Please do not call or inquire regarding post sentencing matters if you are not a former client.

This includes appeals or plea to domestic violence or other criminal charge, DUI, DEAC or DWAI charge or other traffic charge and probation, deferred sentence, parole or incarceration or revocation proceedings based upon alleged failure to comply.

 

Exceptions.  If the underlying criminal case qualifies, refer to sealing criminal records.  I accept meritorious sealing cases regardless of whether or not you are a former client.  NOTICE: alcohol related traffic offenses, other traffic offenses or traffic infractions are a specifically excluded in the sealing statute and can not be sealed.  If relevant, I also accept meritorious collateral attack cases.

 
 
Attorney Trade Area and Travel
CASES OUTSIDE EL PASO COUNTY
GEOGRAPHIC DISTANCE
ECONOMIC CONSIDERATIONS
Colorado is a big state.  Easy communication access via
internet, email and toll free phone doesn't change that fact.

Attorney is very willing to travel outside the Colorado Springs area to present or defend a case, but please be aware travel time, mileage and expense would apply.  If you are from out of state or are unfamiliar with Colorado geography, refer to the map to determine where Colorado Springs is located in relation to the county of your court case or hearing.

Colorado  MAP

Southern Colorado Area

If travel is necessary, a trust deposit would be required to cover anticipated travel time, mileage & expenses.  If it is not economically justifiable to retain my services with travel, please contact counsel in the locale of your case.

COUNTIES

CITIES / TOWNS

El Paso County

Colorado Springs / Manitou Springs / Fountain

Chaffee County

Salida

I welcome new cases.  Intent is not to be harsh
or to discard potential new business, but to be practical.
Crowley County

Ordway

Custer County Westcliffe Metro Denver Area
Douglas County Castle Rock COUNTIES CITIES / TOWNS
Elbert County Kiowa / Simla City and County of Denver Denver
Fremont County Canon City / Florence / Penrose Adams County Brighton Thornton Federal Heights
Huerfano County Walsenburg