Colorado violent crime sentencing can become dramatically more serious when prosecutors add a “crime of violence” designation. In those cases, the charge is not just treated as a serious felony. Instead, the designation can trigger mandatory prison, increase the sentencing range, and require consecutive sentences when multiple crime-of-violence counts are proven.
Because the consequences are severe, the defense strategy must begin early. A lawyer needs to examine whether the prosecution can actually prove the crime-of-violence designation, whether the alleged weapon or injury qualifies under Colorado law, and whether the case can be negotiated or litigated in a way that avoids mandatory prison exposure.
For a broader overview of how sentencing works generally, visit our Colorado criminal sentencing guide.
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A crime of violence in Colorado is a special sentencing designation that can attach to certain felony charges. The designation does not simply mean the accusation sounds violent. Instead, prosecutors must charge and prove specific facts that bring the case within Colorado’s crime-of-violence statute.
Under Colorado law, a crime may qualify when the defendant used a deadly weapon, possessed and threatened the use of a deadly weapon, caused serious bodily injury, or caused death during certain listed offenses. As a result, the same underlying charge may carry very different sentencing consequences depending on the facts alleged and proven.
The most important consequence of a crime of violence Colorado designation is mandatory prison. If a person is convicted of a qualifying crime of violence, the judge generally must sentence that person to the Colorado Department of Corrections.
In practical terms, probation is usually not available at the original sentencing hearing. Therefore, avoiding the designation can become just as important as defending the underlying felony charge.
Many serious felony charges can become subject to Colorado violent crime sentencing rules. Common examples include:
However, the charge name alone does not always answer the sentencing question. Instead, the prosecution must prove the facts that make the offense qualify for enhanced violent crime sentencing.
For most crimes of violence, Colorado law requires a prison sentence of at least the midpoint of the presumptive range and up to twice the maximum of that range. Because of that, the sentencing exposure can become much higher than the normal felony range.
For example, if the ordinary felony range is 2 to 6 years, the midpoint is 4 years. With a crime-of-violence designation, the mandatory prison range may begin at the midpoint and extend up to twice the maximum. In that example, the range could become 4 to 12 years.
That calculation can change depending on the felony class, whether the offense is an extraordinary risk crime, whether special sentencing statutes apply, and whether the case involves a sex offense. Therefore, anyone facing a violent felony allegation should not rely on the basic felony chart alone.
Consecutive sentencing is one of the most dangerous parts of Colorado violent crime sentencing. If a person is convicted of multiple separately charged and proven crimes of violence arising from the same incident, the court may have to stack those sentences instead of allowing them to run together.
For example, two separate crime-of-violence convictions can create a much longer sentence than either count would carry by itself. As a result, defense strategy must focus not only on the total number of charges, but also on how those charges interact at sentencing.
Colorado law can impose an additional mandatory sentence when certain dangerous weapon allegations are proven in connection with crimes against at-risk adults or at-risk juveniles. This enhancement can add serious prison exposure and may require consecutive sentencing.
Because weapon allegations can dramatically change the outcome, the defense must carefully evaluate whether the object legally qualifies as a deadly or dangerous weapon and whether the prosecution can prove use, possession, or threatened use beyond a reasonable doubt.
Sex offense cases require special attention because Colorado sentencing law treats some sex offenses differently from other violent felony cases. In some circumstances, a sex offense that qualifies as a crime of violence can expose a person to indeterminate sentencing.
Prosecutors may also rely on allegations of force, threats, intimidation, or bodily injury to support a crime-of-violence designation. Because Colorado defines bodily injury broadly, even allegations of pain may become important in the sentencing analysis.
For more information about defending these allegations, visit our Colorado sexual assault defense page.
Colorado law allows a narrow post-sentencing review process in some crime-of-violence cases. After the defendant enters Department of Corrections custody, the department must send an evaluation and diagnosis report to the sentencing court within the statutory timeframe. In an exceptional case involving unusual and extenuating circumstances, the judge may later modify the sentence.
This process should not be confused with ordinary probation eligibility. The judge generally must impose the prison sentence first. Only later, and only in unusual circumstances, may the court consider modification.
Because this remedy is limited, the strongest defense usually focuses on avoiding the crime-of-violence conviction or designation before sentencing occurs.
A strong defense to a crime of violence Colorado allegation focuses on the sentencing designation as well as the underlying charge. Common strategies include:
Challenge the Weapon Allegation: The defense may dispute whether the object was a deadly weapon or whether it was used or threatened in the manner alleged.
Challenge Serious Bodily Injury: The prosecution may overstate the severity of the alleged injury. Medical records, photographs, expert testimony, and witness statements can matter.
Dispute Identity or Participation: In multi-person cases, the prosecution may struggle to prove who did what and whether another participant’s conduct should affect the defendant.
Negotiate Removal of the Designation: In some cases, the best outcome may come from negotiating a plea that removes the mandatory prison designation.
Prepare Mitigation Early: Even when prison exposure exists, mitigation can influence negotiations, charging decisions, and sentencing outcomes.
Violent felony cases require early, aggressive sentencing analysis. A defense lawyer can evaluate the presumptive range, identify mandatory prison risks, challenge the crime-of-violence designation, and negotiate toward a resolution that reduces exposure.
Moreover, trial strategy and sentencing strategy should work together. The defense must understand what facts the prosecution needs to prove, how those facts affect sentencing, and whether the evidence actually supports the enhanced designation.
If you are facing a violent felony charge in Colorado, early action can make a meaningful difference.
Schedule a confidential consultation today to discuss your case.
A crime of violence is a sentencing designation that can apply to certain felony charges when specific facts are proven, such as use or threatened use of a deadly weapon, or causing serious bodily injury or death.
In most cases, yes. A conviction for a Colorado crime of violence generally requires a sentence to the Department of Corrections.
Generally, the judge must impose prison first. A narrow post-sentencing modification process may exist in exceptional cases involving unusual and extenuating circumstances.
When multiple separately charged and proven crimes of violence arise from the same incident, Colorado law may require consecutive sentences.
Yes. A defense lawyer can challenge the weapon allegation, injury allegation, intent, identity, participation, and whether the prosecution can prove the designation beyond a reasonable doubt.
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