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COLORADO SPRINGS TRIAL LAWYER
experienced and professional attorney - 30+ years private practice in Colorado state and municipal courts

ROBERT D. GUSTAFSON
  ATTORNEY AT LAW
6538 Charter Drive
Colorado Springs, CO 80918-1335

 

Phone (719) 260-1002
Fax (719) 260-1003  *  Toll Free (800) 410-1002
Criminal Defense & Traffic Defense Lawyer
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COLORADO CRIMINAL SENTENCING
CRIMINAL OFFENSE CLASSIFICATION - PRESUMPTIVE SENTENCING

Colorado Springs, El Paso County, Colorado
Pikes Peak Region  *  Surrounding Colorado Counties  *  Southern Colorado  *  Front Range  *  Continental Divide  *  Eastern Plains
In the early 1980's a cartoon was posted in the outer guard shack at the prison complex east of 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 beautiful 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.
 

 
  WEBPAGE INDEX
COLORADO CRIMINAL SENTENCING AND TRAFFIC SENTENCING

 

representation inquiries are invited & welcome * public questions seeking free advice or information declined * consultation terms
 attorney does not accept installment payments  *  full payment is due at the time attorney is retained  *  major charge cards accepted
Traffic - Infraction Traffic - Misdemeanor Offense Criminal - Misdemeanor Offense
Criminal - Petty Offense Criminal - Felony Offense Criminal - Offenses Not Classified
Sentencing - Habitual Criminal Domestic Violence Sentencing Generic Sentencing Provisions
DUI Sentencing Deferred Sentencing
              Domestic Violence - Firearms - Brady Bill              
 
Ethics Warning Right to Silence Search & Seizure Defendant Demeanor Bail Bond Traffic Definitions
Jurisdictional Attack Collateral Attack Affirmative Defenses Statute of Limitations Sealing Criminal Records
Court Proceedings Sentencing Deferred Sentencing Remedial Links Useful Public Service
 
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 Cases Outside Colorado Springs - Travel

No Pro Bono Assistance  *  No Installment Payment
Legal Advice Limited to Clients - Not General Public
Representation Now - Another Attorney or Self
Attorney Representation & Declined Matters
No Post Sentencing - Revocation or Appeal * Sealing
 

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, judge


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 - 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

Colorado State Court Traffic Infraction
synopsis of how cases progress through court system

 
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 - SENTENCING
Classification - Presumptive Sentencing Penalties
Colorado Springs Attorney Robert D. Gustafson
caveat: statutes may have been amended since last updated here

Colorado State Court Traffic Offense
synopsis of how cases progress through court system

 
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 $300  $1,000 
Class 2 Misdemeanor Traffic Classification (T-2) 10 days 90 days $150  $300

 


 

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

Colorado State Court Petty Offense
synopsis of how cases progress through court system

 
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

 


 

CRIMINAL CASE - MISDEMEANOR - SENTENCING
Classification - Presumptive Sentencing Penalties
Colorado Springs Attorney Robert D. Gustafson
caveat: statutes may have been amended since last updated here

Colorado State Court Misdemeanor Offense
synopsis of how cases progress through court system

 
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

 


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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

Colorado State Court Felony Offense
synopsis of how cases progress through court system

 
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)


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

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 in this website

        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
caveat: statutes may have been amended since last updated in this website

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
 

        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
 

SENTENCING - PROBATION
COLORADO SPRINGS MUNICIPAL COURT

caveat: ordinances may have been amended since last updated in this website

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) 


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GUSTAFSON LAW OFFICE TOPICAL WEBSITES
COLORADO DUI DEFENSE - DWAI & DEAC COLORADO DRUNK DRIVING DEFENSE MIP - UNDERAGE ALCOHOL
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Topical Website Copyright © 2003 - All Rights Reserved - Document Revised January 30, 2012
mountains photo image, attorney photo image & law office logo copyright © Robert D. Gustafson - all rights reserved - no copyright claimed to other images
Topical Website Initial Publication Date: February 29, 2004 - Republication Date: May 24, 2006

 

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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, judge, Colorado Springs Municipal Court, criminal defense, defense lawyer, lawyer, attorney

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