A felony is generally defined as a serious crime punishable by over one year in prison or death. Felonies are distinguished from less serious misdemeanors, which are crimes punishable by less than one year in jail. Understanding what makes a crime a felony versus a misdemeanor and how different felony classes impact sentencing in states like Colorado is key. This article provides an overview of felonies versus misdemeanors and felony classification under Colorado criminal law and how an experienced felony defense lawyer can help.
Felony Definition
According to the most basic felony definition in criminal justice and U.S. legal systems, a felony is generally defined as a serious crime that is punishable by imprisonment of more than one year or death. The length of the potential prison sentence is the key distinguishing factor between felonies and misdemeanors.
Felonies are considered more grievous crimes under the law and are prosecuted more aggressively as a result. The criminal penalties and loss of civil rights associated with felony convictions are also typically much more severe than those attached to misdemeanor offenses.
Under Colorado law, any crime punishable by one year or more in state prison is a felony offense (C.R.S. 18-1.3-401).
Felony Classifications and Penalties
Most states classify felonies into numbered classes—typically five or six classes (Class A, B, C, etc.). The felony class sets the ranges of sentences that apply upon conviction. Lower-class felonies have lighter sentences than higher-class felonies.
For example, in Colorado:
- Class 1 felonies carry sentences of life in prison or death
- Class 2 felonies carry sentences of 8-24 years in prison
- Class 6 felonies carry sentences of 1-2 years in prison
A felony conviction also brings other penalties like:
- Fines – Felonies carry steep fines from $1,000 up to $1 million in some states like Colorado. The fine amount set by the felony class.
- Probation – Many felons receive probation for at least part of their sentence, which involves strict supervision.
- Parole – After completing the prison portion of their sentence, felons are released on parole where they continue to report to a parole officer.
Let’s take a closer look at how felony crimes are classified in Colorado and how this impacts sentencing.
Differences Between Felonies and Misdemeanors
The following chart summarizes some of the key differences between felonies and misdemeanors:
| Felony | Misdemeanor | |
| Sentencing | Over 1 year in state prison. Some felonies punishable by life or death. | Up to 1 year in local county jail. No imprisonment for minor misdemeanors. |
| Fines | Felonies carry fines from $1,000 up to $1 million depending on severity. | Misdemeanors have smaller fines up to $500 typically. |
| Probation | Felony probation involves strict supervision. Violations lead to prison. | Misdemeanor probation is less strict. Violations may incur more probation or fines. |
| Impact | Felonies are serious crimes that impact housing, employment, benefits, voting rights, and other privileges of citizenship long-term. | Misdemeanors have fewer collateral consequences and a less severe societal stigma. |
| Courts | Felonies can only be charged by grand jury indictment or preliminary hearing and are tried in district courts. | Misdemeanors can be charged directly by prosecutors and are tried in lower courts. |
| Burden of Proof | Felonies must be proven beyond a reasonable doubt. | Misdemeanors can be proven by lower standard of a preponderance of evidence in some states. |
| Right to Jury | Felony defendants have a 6th Amendment right to a jury trial. | No guaranteed right to a jury trial for misdemeanors. |
| Counsel | Indigent felony defendants have right to an appointed attorney. | Appointed counsel not guaranteed for minor misdemeanors. |
Felony Crimes and Sentences in Colorado
Colorado distinguishes felonies from misdemeanors by the length of possible imprisonment—one year or more makes a crime a felony offense (C.R.S. 18-1.3-401). The felony classes are:
Class 1 Felonies
The most serious felony in Colorado is a Class 1 felony. These felonies are punishable by life imprisonment or death and include:
- First-degree murder
- First-degree kidnapping
- Treason
A person convicted of a Class 1 felony in Colorado faces life in prison without parole or even the death penalty.
Class 2 Felonies
Next are Class 2 felonies punishable by 8-24 years in prison and include:
- Manslaughter
- First-degree assault
- First-degree burglary of a controlled substance
- Aggravated robbery
- Child abuse
Fines up to $1 million can also be imposed for Class 2 felonies.
Class 3 Felonies
Class 3 felonies carry 4-12 years in prison and include:
- Second-degree murder
- Second-degree assault
- Second-degree kidnapping
- First-degree arson
- Aggravated motor vehicle theft
Possible fines up to $750,000 may also apply.
Class 4 Felonies
Class 4 felonies are punishable by 2-6 years in prison and include:
- Vehicular assault
- Unlawful sexual contact
- Child abuse
- Aggravated stalking
- Securities fraud
Fines up to $500,000 are possible.
Class 5 Felonies
Next is Class 5 felonies, which are punishable by 1-3 years in prison and include:
- Criminally negligent homicide
- Third-degree assault
- Aggravated D.U.I.
- Identity theft
Possible fines can be up to $100,000 for these felonies.
Class 6 Felonies
Finally, the lowest level felonies in Colorado are Class 6. These crimes carry sentences of 12-18 months in prison and include:
- Incest
- Criminal impersonation
- Child abuse not causing injury
- Forgery
Fines up to $100,000 are also authorized.
As you can see, the felony classification system sets out a clear punishment scheme based on the severity level of the offense. It provides consistency in sentencing while still giving judges discretion to set aggravated or mitigated sentences in unusual cases.
Consequences of a Felony Conviction
Being convicted of a felony offense is extremely serious. A felony conviction remains permanently on your criminal record and can negatively impact your life in many ways beyond just the jail sentence.
Some examples of collateral consequences of a felony conviction include:
- Loss of civil rights – Laws prohibit felons from possessing firearms, voting, and running for public office.
- Employment issues – Many employers conduct background checks and will not hire felons.
- Housing – Landlords often deny housing applications for felons.
- Loss of licenses – Felons can lose professional licenses and have a hard time getting new ones.
- Immigration issues – Convictions can trigger deportation for non-citizens.
- Higher sentences – Felony convictions lead to harsher sentences if convicted again in the future.
As you can see, a felony conviction impacts your fundamental rights and freedoms in society. The consequences can last for years after a sentence is served.
What to Do if You’re Charged with a Felony
Being arrested and charged with a felony offense is extremely serious. Here are some tips if you find yourself facing felony charges:
- Remain silent – Do not make statements to the police until you have legal counsel.
- Hire an attorney – An experienced criminal defense lawyer can argue to get charges reduced or dismissed.
- Follow pretrial release conditions – Avoid violations that will land you back in jail and complicate your defense.
- Appear in court – Missing court dates leads to additional charges for bail jumping or failure to appear.
- Consider your options – Your attorney will review any plea offers and trial strategy with you.
- Get character references – Upstanding community ties and proof of rehabilitation can help at sentencing if convicted.
Do not attempt to represent yourself in a felony case. The risks are extremely high, and an experienced attorney can argue for pretrial diversion, reduced charges, or dismissal.
Colorado Felony Defense Attorneys
The felony attorneys at Right Law Group provide aggressive criminal defense and fight to protect your rights and future. If you or a loved one has been charged with a felony in Colorado, contact us 24/7 for a free case evaluation and learn how we can help. The skilled felony defense lawyers at Right Law Group serve all of Colorado including Colorado Springs, Denver, Aurora, Lakewood, Pueblo, Highlands Ranch and surrounding areas.
