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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
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CRIMINAL & TRAFFIC COURT COSTS |
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| above links direct to costs
* * link on right to
state website |
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COLORADO STATE COURT WEBSITE |
| link to Colorado
Judicial Branch website - current costs |
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TRAFFIC
CASE - INFRACTION - SENTENCING
traffic infraction - penalty assessment procedure (pay by
mail) may be utilized - CRS
42-4-1701 §§ (5)(a) & (7)
Classification - Presumptive Sentencing Penalties
Colorado Springs Attorney Robert D. Gustafson
caveat: statutes may have been amended since last
updated here |
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Colorado State Court
Traffic Infraction
synopsis of how cases progress through
court system |
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TRAFFIC
INFRACTIONS |
Presumptive Jail |
Presumptive Fines |
| CRS 42-4-1701 |
Minimum |
Maximum |
Minimum |
Maximum |
| Class A Traffic
Infraction Classification (TI-A)
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None |
None |
$15 |
$100 |
| Class B Traffic
Infraction Classification (TI-B)
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None |
None |
$15 |
$100 |
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TRAFFIC CASE
- MISDEMEANOR - SENTENCING
Classification - Presumptive Sentencing Penalties
Colorado Springs Attorney Robert D. Gustafson
caveat: statutes may have been amended since last
updated here |
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Colorado State Court
Traffic Offense
synopsis of how cases progress through
court system |
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MISDEMEANOR
TRAFFIC OFFENSES |
Presumptive Jail |
Presumptive Fines |
| CRS 42-4-1701 |
Minimum |
Maximum |
Minimum |
Maximum |
| Class 1
Misdemeanor Traffic Offense Classification (T-1)
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10 days |
1 year |
$100 |
$1,000 |
| Class 2
Misdemeanor Traffic Classification (T-2)
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10 days |
90 days |
$10 |
$300 |
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CRIMINAL CASE
- PETTY OFFENSE - SENTENCING
class 2 petty offense - penalty assessment procedure (pay by
mail) may be utilized - CRS
16-2-201
Classification - Presumptive Sentencing Penalties
Colorado Springs Attorney Robert D. Gustafson
caveat: statutes may have been amended since last
updated here |
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Colorado State Court
Petty Offense
synopsis of how cases progress through
court system |
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PETTY
CRIMINAL OFFENSES |
Presumptive
Jail |
Presumptive
Fines |
| CRS 18-1.3-503 |
Minimum |
Maximum |
Minimum |
Maximum |
| Class 1 Petty
Classification (P-1)
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None |
6 months |
None |
$500 |
| Class 2 Petty
Classification (P-2)
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None |
None |
per statute
charged |
per statute
charged |
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CRIMINAL CASE
- MISDEMEANOR - SENTENCING
Classification - Presumptive Sentencing Penalties
Colorado Springs Attorney Robert D. Gustafson
caveat: statutes may have been amended since last
updated here |
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MISDEMEANOR
CRIMINAL OFFENSES |
Presumptive
Jail |
Presumptive
Fines |
| CRS 18-1.3-501 |
Minimum |
Maximum |
Minimum |
Maximum |
| Class 1 Misdemeanor
Classification (M-1)
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6 months |
18 months |
$500 |
$5,000 |
| Class 2 Misdemeanor
Classification (M-2)
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3 months |
12 months |
$250 |
$1,000 |
| Class 3 Misdemeanor
Classification (M-3)
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None |
6 months |
$50 |
$750 |
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CRIMINAL CASE
- FELONY - SENTENCING
Classification - Presumptive Sentencing Penalties
Colorado Springs Attorney Robert D. Gustafson
caveat: statutes may have been amended since last
updated here |
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Colorado State Court
Felony Offense
synopsis of how cases progress through
court system |
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FELONY
CRIMINAL OFFENSES |
Presumptive
Prison |
Presumptive
Fines |
| CRS 18-1.3-401 |
Minimum |
Maximum |
Parole |
Minimum |
Maximum |
| Class 1 Felony
Classification (F-1)
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Life
Imprisonment |
Death |
n/a |
None |
None |
| Class 2 Felony
Classification (F-2)
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8 years |
24 years |
5 years |
$5,000 |
$1,000,000 |
| F-2 Mitigated |
4 years |
12 years |
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| F-2 Aggravated |
8 years
+ 1 day |
48 years |
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| Class 3 Felony Classification
(F-3)
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4 years |
12 years |
5 years |
$3,000 |
$750,000 |
| F-3 Mitigated |
2 years |
6 years |
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| F-3 Aggravated |
12 years
+ 1 day |
24 years |
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| Class 4 Felony Classification
(F-4)
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2 years |
6 years |
3 years |
$2,000 |
$500,000 |
| F-4 Mitigated |
1 year |
3 years |
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| F-4 Aggravated |
2 years
+ 1 day |
12 years |
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| Class 5 Felony Classification
(F-5)
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1 year |
3 years |
2 years |
$1,000 |
$100,000 |
| F-5 Mitigated |
6 months |
18 months |
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| F-5 Aggravated |
3 years
+ 1 day |
6 years |
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| Class 6 Felony Classification
(F-6)
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1 year |
18 months |
1 year |
$1,000 |
$100,000 |
| F-6 Mitigated |
6 months |
9 months |
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| F-6 Aggravated |
1 year
+ 1 day |
3 years |
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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 in this website |
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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
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OTHER SENTENCING PROVISIONS
ALL TYPES OF CASES
caveat: statutes may have been amended since last
updated in this website |
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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)
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SENTENCING
- HABITUAL CRIMINALS
caveat: links may have been
changed since last
updated in this website |
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CRS 18-1.3-801. Punishment for habitual
criminals
- refer to statute
statutes may be found in the
local law library or
on-line
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QUICK SENTENCING & RESOURCE
REFERENCE
DUI SENTENCING
* ALCOHOL
EDUCATION
PUBLIC SERVICE * VICTIM IMPACT PANEL |
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Grid pages provide a quick summary of
jail
(some mandatory), alcohol education & public service
caveat: statutes may have been amended since last
updated here
Alcohol
Education Sentencing Grid based
upon
Department
of Health Regulations
6 CCR 1008-1(8.4) (Code of Colorado Regulations).
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DOMESTIC
VIOLENCE SENTENCING
caveat: statutes may have been amended since last
updated in this website |
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QUICK
SENTENCING GRID
CRS 18-1.3-401 Felony and CRS 18-1.3-501 Misdemeanor
| 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 |
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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.
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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. |
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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 |
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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 |
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note:
government sites change location with regularity -
if the above
links don't work, try
US
Code Search |
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SENTENCING
- PROBATION
COLORADO SPRINGS MUNICIPAL COURT
caveat: ordinances may have been amended since last
updated in this website |
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11.3.111: PROBATIONARY CONDITIONS
Colorado
Springs City Ordinances
A. When it appears to the satisfaction of the court that the ends of justice and the best interests of the public, as well as of the defendant, will be served thereby, the court may grant the defendant probation for a period not to exceed one year upon any terms and conditions the court deems reasonable. The court may provide as an explicit condition of a sentence to probation that the defendant not commit specified offenses during the period for which the sentence remains subject to revocation and that the defendant comply with any other court ordered or Probation Department ordered conditions. The terms and conditions of probation may include that the defendant:
1. Make restitution to every victim of the offense for which the defendant is granted probation for all damage or injury sustained;
2. Pay all costs and fines in a timely fashion;
3. Report within one month any change of address, telephone number or employment, answer all reasonable inquiries by the Probation Department and not leave the State without first obtaining the permission of the Probation Department;
4. Diligently and continuously seek to remain steadily employed or, if a minor, to remain in school or a school alternative on a full time basis;
5. Report to the Probation Department at all times as may be required by the court or by the Probation Department;
6. Abstain from the use of alcohol, and the unlawful use or possession of narcotics or any other dangerous drugs without a prescription;
7. Participate and cooperate fully in any program and/or counseling as directed by the court or the Probation Department, and pay any fees associated with the program or counseling;
8. Participate and cooperate fully in any special terms and conditions of probation reasonably related to the defendant's rehabilitation and the purposes of probation as imposed by the court or the Probation Department;
9. Abide by all court orders.
B. After notice to the defendant, the City Attorney and the Probation Department, the Municipal Judge may for good cause shown reduce or increase the term of probation or alter the conditions or impose new conditions. At the request of the defendant or the City Attorney, a hearing shall be held to determine whether good cause exists to modify the defendant's probation.
C. If the Probation Department has reason to believe that a defendant has violated any condition of probation, the Probation Department may issue a show cause order requiring the defendant to appear before the court at a specified time and place to answer the charge of violating the conditions of probation. The show cause order shall contain a brief statement of the violation and specify the date of the violation. Failure of the defendant to appear before the court as required by the show cause order shall be deemed a violation of a condition of probation.
D. If service of the show cause order is unsuccessful, or if the Municipal Judge determines there is probable cause to believe that the defendant is about to leave the City or will fail or refuse to appear as ordered in the show cause order, a warrant for the arrest of the defendant for violation of the conditions may be issued by a Municipal Judge. The warrant shall not issue unless, based upon the report of the Probation Department or upon the complaint of any person, the Municipal Judge finds that probable cause exists to believe that a condition of probation has been violated and that the arrest of the defendant is reasonably necessary. The warrant may be executed by any officer authorized to execute warrants in the City.
E. Within five (5) working days after the arrest of any defendant as provided above, the Probation Department shall complete its investigation and either:
1. Cause to be personally served upon the defendant at the first court appearance or through the United States Postal Service, a show cause order for the alleged violation of sentence no less than five (5) working days prior to the hearing; or
2. Recommend that the court order the release of the defendant, if in custody. (Ord. 04-178)
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 |
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** 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 |
-
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.
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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.
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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
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NOTICE: I NO LONGER ACCEPT CASES:
SEXUAL ASSAULT (RAPE) or SEXUAL ASSAULT ON A CHILD |
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NOTICE:
I DO NOT ACCEPT THE FOLLOWING CASES |
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ROBBERY, FIRST DEGREE ASSAULT or MURDER |
CHILD ABUSE HOMICIDE OR FELONY
CHILD ABUSE |
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ALTERNATIVES |
FIND
A LAWYER |
if
you are seeking the below
please refer to above links for helpful information |
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sole practitioner
attorney does not accept these matters |
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a. a pro-bono (free) lawyer
b. an attorney who may take
lower fees - economic hardship
c. an attorney who may take installment payments |
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MID-LITIGATION
REPRESENTATION
alternatives and find a lawyer links
provided as a courtesy |
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Attorney
Policies
Defendant
Pro Se - Attempt to Defend Own Case
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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. |
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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. |
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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. |
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Attorney
Policies
Representation
by Previous Attorney
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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." |
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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. |
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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. |
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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. |
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POST
SENTENCING MATTERS
PROBATION
REVOCATION * PAROLE VIOLATION
DEFERRED
SENTENCE
REVOCATION * APPEALS |
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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. |
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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. |
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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.
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ATTORNEY
TRADE AREA & TRAVEL
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. |
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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. |
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Southern Colorado Area |
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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. |
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| COUNTIES |
CITIES / TOWNS |
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El Paso County |
Colorado Springs / Manitou
Springs / Fountain |
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Chaffee County |
Salida |
I welcome new cases. Intent is not to be harsh
or to discard potential new business, but to be practical. |
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Crowley County |
Ordway |
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Custer County |
Westcliffe |
Metro Denver Area |
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Douglas
County |
Castle Rock |
COUNTIES |
CITIES / TOWNS |
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Elbert County |
Kiowa / Simla |
City and County of Denver |
Denver |
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Fremont County |
Canon City / Florence / Penrose |
Adams County |
Brighton Thornton Federal Heights |
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Huerfano County |
Walsenburg |
Arapahoe County |
Littleton / Centennial /
Englewood |
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Las Animas County |
Trinidad |
Arapahoe County - East |
Aurora |
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Lincoln County |
Hugo (county seat) / Limon |
Broomfield County |
Broomfield |
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Otero County |
La Junta |
Gilpin
County |
Blackhawk / Central City |
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Park County |
Fairplay |
Jefferson County |
Golden / Wheat Ridge |
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Pueblo County |
Pueblo |
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Teller County |
Cripple Creek / Woodland Park |
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later is required to view .pdf files 
Free Download
| please feel free
to call or email if you are a client or are seeking representation |
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FREE INITIAL CONSULTATION
not an offer for free legal advice - refer to link for terms
attorney is a sole practitioner with need to manage his caseload
attorney reserves the right to decline any legal matter |
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GUSTAFSON LAW OFFICE TOPICAL
WEBSITES |
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Topical Website Copyright © 2003
- All Rights Reserved - Document Revised
May 06, 2009
no copyright claimed to images other than photograph or law office logo
Topical Website Initial Publication Date: February
29, 2004
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Serving Colorado Springs
Area Zip Codes |
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Colorado Springs, Colorado, criminal sentencing, sentencing, felony offenses, misdemeanor offenses, petty offenses, DUI,
DWAI, DEAC, traffic offenses, offense classification, sentencing grid, deferred sentencing, deferred sentence, probation, presumptive fines, fines, court costs, jail, useful public service, public service, alcohol education, alcohol therapy, classes,
antabuse, disulfiram, AA meetings, urinalysis, UA, El Paso County, court, Colorado Springs Municipal Court, criminal defense, defense lawyer, lawyer,
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