In Colorado, a felony is the most serious category of criminal offense. By definition, a felony is a crime punishable by a sentence of at least one year in state prison and/or a significant fine.
It may be possible to serve probation instead of prison for certain offenses. There are six classes of felony crimes and four levels of drug felonies.
In this article, our Denver Colorado criminal defense attorneys discuss the following felony topics:
- 1. Overview
- 2. Penalties
- 3. Trials
- 4. Statutes of Limitations
- 5. Deportation
- 6. Loss of Rights
- 7. Record Seals
- Additional Reading
1. Overview
The most serious category of Colorado crimes is felonies. Felony offenses carry harsher punishments than lower-level crimes such as Colorado misdemeanors and petty offenses.
Colorado felony criminal offenses (other than drug felonies) are divided into six basic classes. From most serious to least serious, they are:
Meanwhile, drug felonies fall into four different levels. From most serious to least serious, they are:
There are also some unclassified felonies. Their penalties vary by crime.1
2. Penalties
Colorado felony sentencing depends on the class of crime, as the following table shows.
| Colorado Felony Class | Prison Sentence | Fines | Mandatory Parole |
| Class 1 felony | Life | n/a | n/a |
| Class 2 felony | 8 – 24 years | $5,000 – $1,000,000 | 3 years (5 years for crimes of violence) |
| Class 3 felony | 4 – 12 years | $3,000 – $750,000 | 3 years |
| Class 4 felony | 2 – 6 years | $2,000 – $500,000 | 3 years |
| Class 5 felony | 1 – 3 years | $1,000 – $100,000 | 2 years |
| Class 6 felony | 1 year – 18 months | $1,000 – $100,000 | 1 year |
Note that no Colorado crime carries the death penalty. Also note that extraordinary risk felonies – which pose an increased risk of harm to society – carry an enhanced sentence, as the following table spells out.
| Extraordinary Risk Felony Class | Maximum Prison Sentence |
| Class 3 felony | 16 years |
| Class 4 felony | 8 years |
| Class 5 felony | 4 years |
| Class 6 felony | 2 years |
Certain Colorado felonies are considered crimes of violence, which carry a mandatory, enhanced Colorado State Prison term. Although felonies are more serious than misdemeanors, extraordinary risk class 1 misdemeanors carry up to 18 months of county jail time – six months longer than the minimum felony prison sentence.
Drug Felonies
Colorado drug felony crime penalties depend on the offense level. Note that aggravated drug felonies carry enhanced sentences. Aggravating factors are when you were either:
- on parole,
- on probation or bond for another felony,
- in confinement for a felony,
- an escapee from confinement for a felony
The following table spells out the penalty ranges.
| Colorado Drug Felony Class | Prison Sentence | Aggravated Prison Sentence | Fines | Drug Offender Surcharge | Mandatory Parole |
| Class 1 drug felony | 8 – 32 years | 12 – 32 years | $5,000 – $1,000,000 | $4,500 | 3 years |
| Class 2 drug felony | 4 – 8 years | 8 – 16 years | $3,000 – $750,000 | $3,000 | 2 years |
| Class 3 drug felony | 2 – 4 years | 4 – 6 years | $2,000 – $500,000 | $2,000 | 1 year |
| Class 4 drug felony | 6 months – 1 year | 6 months to 2 years | $1,000 – $200,000 | $1,500 | 1 year |
Alternative Sentencing
Not everyone convicted of serious felonies is incarcerated, however. Colorado law authorizes many alternatives to prison, including:
Deferred prosecution and sentencing allow you to attend appropriate counseling and education courses (for instance, for anger management or drug treatment). Upon successful completion of such classes, charges are reduced to misdemeanors or, in some cases, dismissed.2
Learn more in our articles Colorado felony sentencing guidelines and Does Colorado use concurrent or consecutive sentencing?
3. Trials
If you are charged with a Colorado felony, you can have a jury trial with 12 jurors (but you can ask for as few as six). Otherwise, you can have a bench trial with just the judge and no jury.3
4. Statutes of Limitations
District attorneys can bring criminal charges anytime in cases for
- murder,
- treason,
- kidnapping,
- felony forgery,
- sex crimes against a child, and
- sex assault (if the crime was reported within 20 years, and there is DNA evidence).
Otherwise, most felonies have a three-year statute of limitations.
Note that there is a five-year statute of limitations for vehicular homicide (CRS 18-3-106) with no hit and run. If there is a hit and run, the statute of limitations is 10 years.
For felony sexual contact with a child 15 or older, the statute of limitations is 10 years after the incident – or 10 years after the victim reaches 18. In sexual assault crimes when the victim is at least 15, the statute of limitations is 20 years – or 20 years after the victim reaches 18.
Certain other felonies such as bribery have a six-year statute of limitations. For theft, the statute of limitations does not start running until the crime is discovered.
Note that the statute of limitation tolls (pauses) for up to five years if you (the defendant) are not physically in Colorado.4
Colorado felony sentences are served in state prison, not county jail.
5. Deportation
For more serious crimes, non-citizen defendants will likely be deported after serving their sentence.5 That is why it is so important to hire an attorney right away to try to get deportable charges reduced or dismissed.
Learn more about the criminal defense of immigrants in Colorado.
6. Loss of Rights
Convicted felons are never allowed to own or possess firearms under the state and federal criminal justice systems. However, firearm rights can be restored through a Governor’s Pardon.6
Convicted felons also lose the right to serve on a grand jury, but they may still serve on a trial jury.7
Meanwhile, convicted felons lose the right to vote while they are in prison. Though upon successful completion of the prison sentence, convicted felons may vote.8
Finally, convicted felons also cannot hold office while they are in prison or on probation, but this right is usually restored once the case is over.9
7. Record Seals
Colorado law does not allow sealing convictions of:
- level 1 drug felonies,
- class 1 felonies,
- class 2 felonies,
- class 3 felonies,
- sexual offense felonies,
- felony DUIs, or
- felony domestic violence.
However, level 2 drug felony convictions can be sealed five years after the case ends. All remaining felonies can be sealed three years after the case ends.
Note that any felony charge that gets dismissed can be sealed right away.10 Learn more about Colorado criminal record sealing.
Additional Resources
For more information, refer to the following:
- Colorado Department of Corrections (CDOC): The state prison and parole system.
- Colorado Innocence Project: Organization that works to exonerate wrongfully convicted individuals in Colorado.
- Reentry Services: Colorado program to help inmates reintegrate into society, run through the CDOC.
- Youth Violence Prevention: The Colorado Department of Public Health and Environment’s initiative focused on keeping youth out of custody.
- Colorado Criminal Justice Reform Coalition (CCJRC): Organization that focuses on criminal justice reform and policy.
Read our related articles about reducing a felony to a misdemeanor and habitual offender sentencing.
Legal References
- CRS 18-1.3-401; CRS 18-1.3-401.5.
- Same; see also People v. Wolfe (Colo. App. 2009). 213 P.3d 1035. See also Sellers v. People (Colo. 2024) 2024 CO 64.
- CRS 18-1-406.
- CRS 16-5-401; People v. McKinney (2004) 99 P.3d 1038.
- 8 USC 1227 – 1228.
- CRS 18-12-108.
- CRS 13-71-105.
- Colo. Const. art. VII, § 10. CRS 1-2-103(4).
- CRS 18-1.3.401(3).
- CRS 24-72-703 – 708.