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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
Classification - Presumptive Sentencing
Penalties
caveat: statutes may have
been amended since last updated here
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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 |
TRAFFIC CASE -
MISDEMEANOR
Classification - Presumptive Sentencing
Penalties
caveat: statutes may have been
amended since last updated here
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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 |
CRIMINAL CASE
- PETTY OFFENSE
Classification - Presumptive Sentencing Penalties
caveat: statutes may have been amended since last
updated here
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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 |
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
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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 |
CRIMINAL CASE
- FELONY OFFENSE
Classification - Presumptive Sentencing Penalties
caveat: statutes may have been amended since last
updated here
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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 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
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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)
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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
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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
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 |
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 |
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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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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 |
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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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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.
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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 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. |
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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 |
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