Practice areas
Eight kinds of trouble
Each one has its own statute, its own grading rules and its own weak point. These pages set out what is actually charged, what the exposure is, and what we attack first.
Driving and drugs
DUI and DWAI
Class 1 misdemeanor up to a class 4 felony on a fourth offense
Two cases start the night you are pulled over, and only one of them is in a courtroom. The Division of Motor Vehicles runs on a seven day clock.
Drug charges
Level 2 drug misdemeanor up to a level 1 drug felony
Colorado treats possession and distribution as different animals. Quantity, packaging and a single text message decide which one you are facing.
Traffic and vehicular
Traffic infraction up to a class 3 felony
A points total can end a licence just as effectively as a conviction. Most people plead to the wrong thing without ever being told.
People and property
Assault and menacing
Class 1 misdemeanor up to a class 3 felony, often as a crime of violence
Whether a charge is filed as third degree assault or second degree assault usually turns on two words in a medical report.
Theft and property
Petty offense up to a class 2 felony, purely by dollar value
Colorado theft is a value ladder. Move the number and you move the charge, sometimes across the felony line entirely.
Juvenile cases
Delinquency petitions in Denver Juvenile Court and the surrounding districts
A juvenile case is not a small adult case. Different court, different vocabulary, different outcomes, and a record that can be sealed on a different timetable.
Complex and federal
White collar
Class 1 misdemeanor up to a class 2 felony, with parallel regulatory exposure
These cases are usually known about long before they are charged. The window to change the outcome is the investigation, not the trial.
Federal charges
United States District Court for the District of Colorado
Different courthouse, different rules, different arithmetic. The Sentencing Guidelines do most of the work long before anyone stands up.
The Colorado sentencing ladder
Every charge above lands somewhere on this table. The class decides the presumptive range; the designations decide whether a judge has any discretion left.
| Class | Presumptive custody | Fine range | Mandatory parole | Typical counts |
|---|---|---|---|---|
| F1Class 1 felonyC.R.S. 18-1.3-401 | Life in the custody of the Department of Corrections | No presumptive fine range; restitution still applies | No parole eligibility on a class 1 felony sentence | First degree murder / First degree kidnapping where the victim is injured |
| F2Class 2 felonyC.R.S. 18-1.3-401(1)(a)(V) | 8 to 24 years | $5,000 to $1,000,000 | 5 years mandatory parole | Second degree murder / First degree assault (extraordinary risk) / Theft of $1,000,000 or more |
| F3Class 3 felonyC.R.S. 18-1.3-401(1)(a)(V) | 4 to 12 years | $3,000 to $750,000 | 5 years mandatory parole | Second degree assault / Aggravated robbery / Theft of $100,000 up to $1,000,000 |
| F4Class 4 felonyC.R.S. 18-1.3-401(1)(a)(V) | 2 to 6 years | $2,000 to $500,000 | 3 years mandatory parole | Fourth or subsequent DUI / Vehicular assault while intoxicated / Theft of $20,000 up to $100,000 |
| F5Class 5 felonyC.R.S. 18-1.3-401(1)(a)(V) | 1 to 3 years | $1,000 to $100,000 | 2 years mandatory parole | Menacing with a deadly weapon / Forgery of a government instrument / Theft of $5,000 up to $20,000 |
| F6Class 6 felonyC.R.S. 18-1.3-401(1)(a)(V) | 1 year to 18 months | $1,000 to $100,000 | 1 year mandatory parole | Possession of a weapon by a previous offender / Criminal impersonation / Theft of $2,000 up to $5,000 |
| DF1Level 1 drug felonyC.R.S. 18-1.3-401.5 | 8 to 32 years | $5,000 to $1,000,000 | 3 years mandatory parole | Distribution of more than 225 grams of a schedule I or II controlled substance |
| DF2Level 2 drug felonyC.R.S. 18-1.3-401.5 | 4 to 8 years | $3,000 to $750,000 | 2 years mandatory parole | Distribution in the mid quantity bands / Manufacture of a schedule I or II substance |
| DF3Level 3 drug felonyC.R.S. 18-1.3-401.5 | 2 to 4 years | $2,000 to $500,000 | 1 year mandatory parole | Distribution of small quantities / Possession with intent in the lower bands |
| DF4Level 4 drug felonyC.R.S. 18-1.3-401.5 | 6 months to 1 year | $1,000 to $100,000 | 1 year mandatory parole | Possession of more than 4 grams of a schedule I or II substance / Possession of more than 2 grams of methamphetamine or heroin |
| M1Class 1 misdemeanorC.R.S. 18-1.3-501 | Up to 364 days in county jail | Up to $1,000 | None; probation up to 2 years is common | Third degree assault / Second offense DUI / Theft of $1,000 up to $2,000 |
| M2Class 2 misdemeanorC.R.S. 18-1.3-501 | Up to 120 days in county jail | Up to $750 | None | Harassment / Criminal mischief under $1,000 / Theft of $300 up to $1,000 |
| DM1Level 1 drug misdemeanorC.R.S. 18-1.3-501(1)(d) | 6 to 18 months | Up to $5,000 | None; substance treatment conditions are usual | Possession of up to 4 grams of a schedule I or II substance / Possession of more than 6 ounces of marijuana |
| DM2Level 2 drug misdemeanorC.R.S. 18-1.3-501(1)(d) | Up to 12 months | Up to $750 | None | Possession of a schedule V substance / Possession of drug paraphernalia in some postures |
| POPetty offenseC.R.S. 18-1.3-503 | Up to 10 days in county jail | Up to $300 | None | Theft under $300 / First offense disorderly conduct in some postures |
- F1
Class 1 felony
- Custody
- Life in the custody of the Department of Corrections
- Fine
- No presumptive fine range; restitution still applies
- Parole
- No parole eligibility on a class 1 felony sentence
- Counts
- First degree murder / First degree kidnapping where the victim is injured
Colorado repealed the death penalty in 2020. A class 1 felony now carries life without parole.
C.R.S. 18-1.3-401
- F2
Class 2 felony
- Custody
- 8 to 24 years
- Fine
- $5,000 to $1,000,000
- Parole
- 5 years mandatory parole
- Counts
- Second degree murder / First degree assault (extraordinary risk) / Theft of $1,000,000 or more
C.R.S. 18-1.3-401(1)(a)(V)
- F3
Class 3 felony
- Custody
- 4 to 12 years
- Fine
- $3,000 to $750,000
- Parole
- 5 years mandatory parole
- Counts
- Second degree assault / Aggravated robbery / Theft of $100,000 up to $1,000,000
C.R.S. 18-1.3-401(1)(a)(V)
- F4
Class 4 felony
- Custody
- 2 to 6 years
- Fine
- $2,000 to $500,000
- Parole
- 3 years mandatory parole
- Counts
- Fourth or subsequent DUI / Vehicular assault while intoxicated / Theft of $20,000 up to $100,000
C.R.S. 18-1.3-401(1)(a)(V)
- F5
Class 5 felony
- Custody
- 1 to 3 years
- Fine
- $1,000 to $100,000
- Parole
- 2 years mandatory parole
- Counts
- Menacing with a deadly weapon / Forgery of a government instrument / Theft of $5,000 up to $20,000
C.R.S. 18-1.3-401(1)(a)(V)
- F6
Class 6 felony
- Custody
- 1 year to 18 months
- Fine
- $1,000 to $100,000
- Parole
- 1 year mandatory parole
- Counts
- Possession of a weapon by a previous offender / Criminal impersonation / Theft of $2,000 up to $5,000
The lowest felony. It is also the level most often negotiated down to a misdemeanor.
C.R.S. 18-1.3-401(1)(a)(V)
- DF1
Level 1 drug felony
- Custody
- 8 to 32 years
- Fine
- $5,000 to $1,000,000
- Parole
- 3 years mandatory parole
- Counts
- Distribution of more than 225 grams of a schedule I or II controlled substance
C.R.S. 18-1.3-401.5
- DF2
Level 2 drug felony
- Custody
- 4 to 8 years
- Fine
- $3,000 to $750,000
- Parole
- 2 years mandatory parole
- Counts
- Distribution in the mid quantity bands / Manufacture of a schedule I or II substance
C.R.S. 18-1.3-401.5
- DF3
Level 3 drug felony
- Custody
- 2 to 4 years
- Fine
- $2,000 to $500,000
- Parole
- 1 year mandatory parole
- Counts
- Distribution of small quantities / Possession with intent in the lower bands
C.R.S. 18-1.3-401.5
- DF4
Level 4 drug felony
- Custody
- 6 months to 1 year
- Fine
- $1,000 to $100,000
- Parole
- 1 year mandatory parole
- Counts
- Possession of more than 4 grams of a schedule I or II substance / Possession of more than 2 grams of methamphetamine or heroin
A level 4 drug felony can convert to a level 1 drug misdemeanor on successful completion of a deferred judgment or probation under C.R.S. 18-1.3-103.5.
C.R.S. 18-1.3-401.5
- M1
Class 1 misdemeanor
- Custody
- Up to 364 days in county jail
- Fine
- Up to $1,000
- Parole
- None; probation up to 2 years is common
- Counts
- Third degree assault / Second offense DUI / Theft of $1,000 up to $2,000
Capped at 364 days rather than a year so that a conviction does not trigger automatic federal immigration consequences.
C.R.S. 18-1.3-501
- M2
Class 2 misdemeanor
- Custody
- Up to 120 days in county jail
- Fine
- Up to $750
- Parole
- None
- Counts
- Harassment / Criminal mischief under $1,000 / Theft of $300 up to $1,000
C.R.S. 18-1.3-501
- DM1
Level 1 drug misdemeanor
- Custody
- 6 to 18 months
- Fine
- Up to $5,000
- Parole
- None; substance treatment conditions are usual
- Counts
- Possession of up to 4 grams of a schedule I or II substance / Possession of more than 6 ounces of marijuana
C.R.S. 18-1.3-501(1)(d)
- DM2
Level 2 drug misdemeanor
- Custody
- Up to 12 months
- Fine
- Up to $750
- Parole
- None
- Counts
- Possession of a schedule V substance / Possession of drug paraphernalia in some postures
C.R.S. 18-1.3-501(1)(d)
- PO
Petty offense
- Custody
- Up to 10 days in county jail
- Fine
- Up to $300
- Parole
- None
- Counts
- Theft under $300 / First offense disorderly conduct in some postures
Colorado also created the civil infraction, which carries a fine of up to $100 and no jail at all.
C.R.S. 18-1.3-503
These are presumptive ranges. Aggravators under C.R.S. 18-1.3-401(6) and (8), extraordinary risk designations and crime of violence counts all move them. Sentencing statutes are amended most sessions. Reviewed September 2026; confirm the current text before relying on any figure here. This page is information, not legal advice.
Extraordinary aggravating circumstances
Under C.R.S. 18-1.3-401(6) the court may go up to twice the presumptive maximum where it finds extraordinary aggravating circumstances on the record. That doubles the ceiling, not the floor.
Mandatory aggravated range
Under C.R.S. 18-1.3-401(8) the aggravated range is mandatory where the offense was committed on parole, on probation for a felony, on bond in another felony case, after escape, or while confined. The minimum becomes the midpoint of the presumptive range.
Extraordinary risk crimes
C.R.S. 18-1.3-401(10) lists crimes presenting extraordinary risk of harm, including many assault, stalking and unlawful sexual behavior offenses. The maximum of the presumptive range increases for those counts.
Crime of violence
A per se crime of violence under C.R.S. 18-1.3-406 carries a mandatory prison sentence in the aggravated range, and consecutive sentencing where there are multiple victims. Whether a count is pleaded as a crime of violence is often the whole negotiation.
Not sure which of these your paperwork actually says? Bring it to the first call.
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