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Felony Defense in Colorado

Defense against felony-level criminal charges in Colorado state courts.

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Attorney Q&A clips

Assault in the second degree, there's a variety of different levels in that. For instance, assault can be with intent to cause bodily injury. You cause serious bodily injury. So, take the prior example of punching somebody in the face. You end up breaking a a nose. That's going to be a secondderee assault. That escalates from a class one misdemeanor to a class 4 felony. And uh potential DOC sentence on that is going to be the the max level uh penalty.
Alexis Austin Litle · Colorado Assault: Misdemeanor vs Felony | Attorney ExplainsWatch clip ↗
Another example of seconddegree assault would be using a deadly weapon and causing bodily injury to somebody. So if you and Colorado allows for quite a wide range of things to be considered deadly weapons. For instance, a pipe, something that we wouldn't necessarily think as a deadly weapon could be a deadly weapon. Obviously, there's knives, pistols, things along those lines. So if it's using a deadly weapon to in a resulting in a bodily injury, then you you are potentially going to be facing a crime of seconddegree assault.
Alexis Austin Litle · Colorado Assault: Misdemeanor vs Felony | Attorney ExplainsWatch clip ↗
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Frequently asked questions

Are you facing an aggravated assault charge?

Right Law Group's guide explains: "It is not unusual for people to get into fights at some point in their lives. Those fights may occur as children on a playground, and the repercussions may be little more than a time-out or grounding."

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As a veteran or military member facing criminal charges in Colorado, can you help defend my case?

Right Law Group's guide explains: "Right Law Group helps Veterans and Military members fight and defend against criminal charges . If you are looking for a VA lawyer to discuss your benefits, please visit Vetus Legal LLC ."

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Assuming there is nothing too damaging in the discovery, is it realistic that a good attorney could get this felony case dismissed?

A dismissal is one of the outcomes that experienced representation can put on the table, though it is not the only one. The firm's felony defense guide puts it plainly: "hiring an experienced felony attorney as soon as possible can be the difference between a conviction and a reduction or dismissal of charges." The guide frames getting an experienced attorney involved early as what can move a case toward a reduction or dismissal rather than a conviction. The full overview is on our blog.

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Burglary vs Theft: What Is The Difference?

Right Law Group's guide explains: "If you take someone’s property without their permission, you’re subject to criminal prosecution . When assessing the differences between burglary vs theft, you’ll see that Colorado’s statutes consider intent and execution."

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Can first-degree assault be charged as a class 2 felony in Colorado?

No. First-degree assault under C.R.S. 18-3-202 is a class 3 felony, or a class 5 felony if committed in a sudden heat of passion. The statute contains no class 2 tier that turns on how serious the injury was. Some older summaries described a class 2 or class 3 first-degree assault depending on injury severity; that is not how the statute reads. Class 2 felony exposure for this kind of conduct comes only from a different law, the crimes-against-at-risk-persons statute (C.R.S. 18-6.5-103), when the victim is an at-risk adult or juvenile. On the base assault statute, the ceiling is a class 3 felony sentenced as a crime of violence.

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Can I handle criminal procedure in Colorado on my own, or is it too complicated to manage alone?

Right Law Group's guide explains: "Criminal procedure in Colorado can be complicated and incredibly difficult to manage on your own. People will say that it is our actions that define us, but the fact of the matter is, that’s only partially true."

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Can my criminal defense attorney challenge the evidence prosecutors have against me before trial in Colorado?

Right Law Group's guide explains: "Challenging the Evidence Against You Before Trial / Surviving Arrest In CO Challenging the Evidence Against You Before Trial One of the many services your criminal defense attorney can provide for you is to challenge the evidence that prosecutors have against you."

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Can My Social Media Be Used as Evidence Against Me?

Right Law Group's guide explains: "If you are at the center of a criminal investigation, then prosecutors are likely taking multiple avenues to gather evidence as part of your case."

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Can second-degree assault become a class 3 felony in Colorado?

Yes, in specific circumstances. Second-degree assault under C.R.S. 18-3-203 is usually a class 4 felony, but the statute elevates certain conduct to a class 3 felony, such as causing serious bodily injury during the commission of another qualifying offense. In the heat-of-passion form it drops instead to a class 6 felony. A class 3 second-degree assault is sentenced far more heavily than the class 4 default, and where a deadly weapon or serious bodily injury is involved it also carries crime-of-violence treatment under C.R.S. 18-1.3-406. The specific subsection charged controls which range applies.

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Can someone ask a court to lift the POWPO firearm bar in Colorado?

In limited situations, yes. C.R.S. 18-12-108(3)(b) lets a person whose disqualifier was a juvenile adjudication petition the court for an order finding that the previous-offender bar does not apply, if the court finds good cause by a preponderance of the evidence. A separate provision, 18-12-108(3.5), allows a petition ten years after the final disposition or the end of supervision for a first-degree motor vehicle theft disqualifier. These petitions are narrow and fact-specific. They do not erase the underlying conviction; they address only whether the possession bar continues to apply to that person.

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Can the police search my car, home, or person without a warrant or reasonable suspicion?

Right Law Group's guide explains: "In the US, the police can only search your property if there is reasonable cause for suspicion. The police cannot search your person, your car, your home, or other property without a warrant or reasonable suspicion."

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Can using a weapon to cause injury lead to a second-degree assault charge in Colorado?

Alexis explains: "Another example of seconddegree assault would be using a deadly weapon and causing bodily injury to somebody. So if you and Colorado allows for quite a wide range of things to be considered deadly weapons. For instance, a pipe, something that we wouldn't necessarily think as a deadly weapon could be a deadly weapon. Obviously, there's knives, pistols, things along those lines. So if it's using a deadly weapon to in a resulting in a bodily injury, then you you are potentially going to be facing a crime of seconddegree assault."

Answered by Alexis Austin Litle · Watch clip
Can You Get a Passport with a Felony?

Right Law Group's guide explains: "Navigating the complexities of criminal law and civil rights can be challenging, especially for individuals with felony convictions."

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Do you defend DUI, felony, and misdemeanor cases, and surrounding Colorado counties?

Right Law Group's guide explains: "We serve clients across Adams, Arapahoe, Denver, Douglas, El Paso, Fremont, Jefferson, Teller, and Pueblo Counties. Whether you or a loved one have been arrested for DUI or have been charged with a felony or misdemeanor, there is still hope."

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Does heat of passion reduce a first-degree assault charge in Colorado?

It can. C.R.S. 18-3-202(2) provides that if a first-degree assault is committed upon a sudden heat of passion, caused by a serious and highly provoking act of the intended victim, with no cooling-off interval, the offense is a class 5 felony rather than a class 3 felony. That is a large difference: a class 5 felony carries a presumptive one to three years, while the class 3 version is sentenced as a crime of violence with mandatory prison. Heat of passion is a contested factual issue. It turns on the provocation, the absence of time to cool off, and how a reasonable person would have reacted.

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Does the type of prior conviction change the POWPO felony class?

No. The felony class for possession of a weapon by a previous offender does not change based on the type of prior conviction. Under C.R.S. 18-12-108(2), the offense is a class 5 felony whether the disqualifying prior was a violent felony, a drug felony, or another qualifying felony, and whether the person has one prior or many. What can change is the sentence within the class: if the weapon was used or threatened in another crime, the person becomes ineligible for probation and must go to the Department of Corrections. Older summaries describing a class 6, class 4, or class 3 POWPO tier reflect a repealed version of the statute.

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How are Drug Distribution / Sales cases handled in the Combined Court?

Drug Distribution / Sales cases in Littleton are handled by the Arapahoe County Combined Court, which sits in the 18th Judicial District. As a combined court, it hears both county-court and district-court matters.

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How are drug distribution penalties tiered in Colorado?

Drug distribution under C.R.S. 18-18-405 is a drug felony whose level depends mainly on the type and amount of the controlled substance. The four drug-felony levels in C.R.S. 18-1.3-401.5 carry very different ranges: a level 1 drug felony is eight to thirty-two years with a fine up to $1,000,000; level 2 is four to eight years; level 3 is two to four years; and level 4 is six months to one year. Only a level 1 drug felony reaches the million-dollar fine ceiling. Describing distribution as carrying up to a million-dollar fine across the board overstates the exposure for the lower levels.

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How are Felony Theft cases handled in the Combined Court?

Felony Theft cases in Aurora are handled by the Arapahoe County Combined Court, which sits in the 18th Judicial District. As a combined court, it hears both county-court and district-court matters.

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How are First Degree Assault cases handled in the Combined Court?

First Degree Assault cases in Aurora are handled by the Arapahoe County Combined Court, which sits in the 18th Judicial District. As a combined court, it hears both county-court and district-court matters.

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How are Robbery cases handled in the Combined Court?

Robbery cases in Englewood are handled by the Arapahoe County Combined Court, which sits in the 18th Judicial District. As a combined court, it hears both county-court and district-court matters.

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How are Second Degree Assault cases handled in the Combined Court?

Second Degree Assault cases in Aurora are handled by the Arapahoe County Combined Court, which sits in the 18th Judicial District. As a combined court, it hears both county-court and district-court matters.

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How are Vehicular Homicide cases handled in the Combined Court?

Vehicular Homicide cases in Englewood are handled by the Arapahoe County Combined Court, which sits in the 18th Judicial District. As a combined court, it hears both county-court and district-court matters.

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How are Weapons Charges (POWPO) cases handled in the Combined Court?

Weapons Charges (POWPO) cases in Littleton are handled by the Arapahoe County Combined Court, which sits in the 18th Judicial District. As a combined court, it hears both county-court and district-court matters.

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