Guide
What the class on your paperwork means
Colorado assigns every offense a class, and the class sets a presumptive range. Almost every negotiation in a criminal case is an argument about which rung you end up on.
Every class, with its presumptive range
Filter by family. Custody, fine range and mandatory parole are statutory; the typical counts column is illustrative.
| 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.
Eight terms that decide the outcome
These are the words in a plea offer that matter. The charge name matters considerably less.
- Presumptive range
- The default window a judge sentences within for a given class, before any aggravator or mitigator is applied. C.R.S. 18-1.3-401.
- Aggravated range
- Up to twice the presumptive maximum, available on extraordinary aggravating circumstances found on the record, and mandatory in the situations listed in subsection (8).
- Extraordinary risk crime
- A listed category whose presumptive maximum is raised by statute. Many assault, stalking and unlawful sexual behaviour counts are on the list.
- Crime of violence
- A designation under C.R.S. 18-1.3-406 that makes prison mandatory in the aggravated range and can force consecutive sentences.
- Mandatory parole
- A fixed parole period that follows a prison sentence and is served in addition to it, not inside it.
- Deferred judgment
- A plea held without judgment entering while conditions are completed. Completion means dismissal. C.R.S. 18-1.3-102.
- Concurrent and consecutive
- Whether multiple counts are served at the same time or stacked end to end. Frequently the largest single variable in a multi-count case.
- Habitual criminal
- A separate statutory scheme under C.R.S. 18-1.3-801 that can multiply the maximum for a defendant with qualifying prior felony convictions.
Reading a charging document
- Find the class. It appears next to each count, usually as F1 to F6, DF1 to DF4, M1, M2, DM1, DM2 or PO.
- Look for designations. Crime of violence, extraordinary risk, habitual counts and sentence enhancers such as domestic violence sit underneath the count, not in its name.
- Count the counts. Whether they run concurrently or consecutively often matters more than any single range.
- Check the dates. Offenses committed on bond, on probation or on parole trigger mandatory aggravation under C.R.S. 18-1.3-401(8).
- Then read the range. Only after the first four does the table on this page tell you anything useful.
What this page cannot tell you
A presumptive range is not a prediction. Criminal history category, the specific facts, the district, the assigned division and what can be shown about the person in front of the court all move an outcome within and sometimes outside the range.
It also cannot account for collateral consequences: immigration status, professional licensing, firearms rights, commercial driving and future sealing eligibility. Those are mapped separately, in writing, before any plea is entered.
Reviewed September 2026. Sentencing statutes are amended most legislative sessions. Confirm the current text of the relevant section before relying on any figure here. Nothing on this page is legal advice.
Bring the charging document to the first call and we will read it line by line with you.
Contacting us does not create an attorney-client relationship.