What are crimes of violence in Colorado?

Certain serious Colorado crimes become crimes of violence only if - during the planning or commission of the crime - the defendant: Used, possessed, or threatened the use of a deadly weapon; or Caused serious bodily injury or death to any other person (not including accomplices). Meanwhile, certain unlawful sexual offenses can be crimes of violence even if there is no serious injury or deadly weapon. But the defendant does have to cause some bodily injury or else have used threats, intimidation, or force against the victim.

What are the penalties for a crime of violence?

In order to calculate the mandatory sentencing range for most crimes of violence, first determine what class of felony the COV belongs to. Each felony class has a presumptive sentence with a minimum and maximum prison term. A COV's minimum sentence is the midpoint of the presumptive range. And a COV's maximum sentence is twice the maximum of the presumptive range.

What if defendants get convicted of more than one COV?

Defendants convicted of multiple crimes of violence arising out of the same incident generally must serve their sentences consecutively rather than concurrently. The only time the court may allow the sentences to be served concurrently is if one of the crimes was: Aggravated robbery (CRS 18-4-302), Second-degree assault (CRS 18-3-203), or Escape (CRS 18-8-208).

Does the judge have discretion to give a lesser sentence?

Yes. Although crimes of violence have mandatory minimum sentences, the judge can grant a lesser sentence in cases they consider: exceptional and involving unusual and extenuating circumstances. If the defendant is eligible, the sentence modification may even include probation. Note that this sentence modification may not take effect until the defendant's 119th day of prison.

“Crime of Violence” in Colorado – The Increased Penalties

Crimes of Violence in Colorado -- 3 Things to Know

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Under Colorado Revised Statute 18-1.3-406 CRS, crimes of violence are felonies that carry enhanced penalties if you

used a deadly weapon,
killed or seriously injured someone, or
for certain sex crimes – used threats, force or caused any bodily injury.

The court will impose this increased punishment for crimes of violence even if you have no prior criminal record. However, the court can lessen the sentence in some cases.

List of Crimes of Violence

The following 21 offenses become “crimes of violence” in Colorado if – during the planning or commission of the offense – you either:

used, possessed, or threatened the use of a deadly weapon; or
caused serious bodily injury or death to any other person (not including accomplices).¹

First-degree murder (CRS 18-3-102)

Second-degree murder (CRS 18-3-103)

First-degree assault (CRS 18-3-202)

Second-degree assault (CRS 18-3-203)

Kidnapping (CRS 18-3-301 & CRS 18-3-302)

Sexual assault (CRS 18-3-402)

Unlawful sexual contact (CRS 18-3-404)

Sexual assault on a child (CRS 18-3-405)

Sexual assault on a child by one in a position of trust (CRS 18-3-405.3)

Internet sexual exploitation of a child (CRS 18-3-405.4)

Sexual assault on a client by a psychotherapist (CRS 18-3-405.5)

Invasion of privacy for sexual gratification (CRS 18-3-405.6)

Unlawful sexual conduct by peace officer (CRS 18-3-405.7)

Aggravated robbery (CRS 18-4-302)

First-degree arson (CRS 18-4-102)

First-degree burglary (CRS 18-4-202)

Escape (CRS 18-8-208)

Criminal extortion (CRS 18-3-207)

First-degree unlawful termination of pregnancy (CRS 18-3.5-103)

Second-degree unlawful termination of pregnancy (CRS 18-3.5-104)

Any crime against an at-risk juvenile or at-risk adult

Meanwhile, the following 20 sex crimes become “crimes of violence” if – during the planning or commission of the offense -you either:

cause some bodily injury or
used threats, intimidation, or force against the victim.

Enticement of a child (CRS 18-3-305)

Sexual assault on a child under 15 (CRS 18-3-402)

Unlawful sexual contact on a child under 15 (CRS 18-3-404)

Sexual assault on a child (CRS 18-3-405)

Sexual assault on a child by one in a position of trust (CRS 18-3-405.3)

Aggravated incest (CRS 18-6-301)

Human trafficking of a minor for sexual servitude (CRS 18-3-504(2))

Sexual exploitation of a child (CRS 18-6-403)

Procurement of a child for sexual exploitation (CRS 18-6-404)

Indecent exposure (CRS 18-7-302)

Soliciting for child prostitution (CRS 18-7-402)

Pandering of a child (CRS 18-7-403)

Procurement of a child (CRS 18-7-403.5)

Keeping a place of child prostitution (CRS 18-7-404)

Pimping of a child (CRS 18-7-405)

Inducement of child prostitution (CRS 18-7-405.5)

Patronizing a prostituted child (CRS 18-7-406)

Class 4 felony internet luring of a child (CRS 18-3-306(3))

Internet sexual exploitation of a child (CRS 18-3-405.4)

Unlawful electronic sexual communication (CRS 18-3-418)²

Crime of Violence Penalties

In general, the enhanced penalty ranges for Colorado COVs are depicted in the following table:³

Colorado COV Felony Class	Sentence (with exceptions)
Class 2 felonies	16 to 48 years in prison
Class 3 felonies	10 to 32 years in prison
Class 4 felonies	5 to 16 years in prison
Class 5 felonies	2.5 to 8 years in prison
Class 6 felonies	1.5 to 4 years in prison

Note that five years are added to the mandatory sentence if a dangerous weapon or semiautomatic assault weapon is involved.⁴ For the 12 sex crimes listed below, the maximum COV penalty is life in prison:

Sexual assault (CRS 18-3-402)

Felony unlawful sexual contact (CRS 18-3-404(2))

Sexual assault on a child (CRS 18-3-405)

Sexual assault on a child by one in a position of trust (CRS 18-3-405.3)

Aggravated sexual assault on a client by a psychotherapist (CRS 18-3-405.5(1))

Enticement of a child (CRS 18-3-305)

Incest (CRS 18-6-301)

Aggravated incest (CRS 18-6-302)

Patronizing a prostituted child (CRS 18-7-406)

Class 4 felony internet luring of a child (CRS 18-3-306(3))

Internet sexual exploitation of a child (CRS 18-3-405.4)

Class 3 felony unlawful sexual conduct by a peace officer (CRS 18-3-405.7)⁵

What if I get convicted of more than one COV?

If you are convicted of multiple “crimes of violence” arising out of the same incident, you generally must serve your sentences consecutively rather than concurrently. This means you serve each sentence one after the other rather than simultaneously.

The only time the court may allow the sentences to be served concurrently is if one of the crimes was:

Aggravated robbery (CRS 18-4-302),

Second-degree assault (CRS 18-3-203), or

Escape (CRS 18-8-208).⁶

Can the court grant shorter sentences?

Yes. Although Colorado “crimes of violence” have mandatory minimum sentences, judges can grant a lesser sentence in cases they consider:

exceptional and
involving unusual and extenuating circumstances.

If you are eligible, the sentence modification may even include probation.

Note that this sentence modification may not take effect until your 119th day of prison.⁷

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 focus on criminal justice reform and policy.

Also see our article on Colorado felony sentencing guidelines.

Legal References

Colorado Revised Statute 18-1.3-406. (“(1)(a) Any person convicted of a crime of violence shall be sentenced pursuant to the provisions of section 18-1.3-401(8) to the department of corrections for a term of incarceration of at least the midpoint in, but not more than twice the maximum of, the presumptive range provided for such offense in section 18-1.3-401(1)(a) , as modified for an extraordinary risk crime pursuant to section 18-1.3-401(10) , without suspension; except that, within ninety-one days after he or she has been placed in the custody of the department of corrections, the department shall transmit to the sentencing court a report on the evaluation and diagnosis of the violent offender, and the court, in a case which it considers to be exceptional and to involve unusual and extenuating circumstances, may thereupon modify the sentence, effective not earlier than one hundred nineteen days after his or her placement in the custody of the department.”).
CRS 18-1.3-406; CRS 18-3-411 subsection 1.
CRS 18-1.3-406; see also People v. Austin, (2018) CO 47, 419 P.3d 587. To calculate the mandatory sentencing range for most crimes of violence, first determine what class of extraordinary risk crime the COV belongs to. Each class has a presumptive sentence with a minimum and maximum prison term. A COV’s minimum sentence is the midpoint of the presumptive range. And a COV’s maximum sentence is twice the maximum of the presumptive range. For example: Jeff faces 2nd-degree assault charges for hitting his ex with a lead pipe. He claims self-defense, but he gets convicted anyway. Normally, extraordinary risk class 4 felonies like 2nd-degree assault carry two to eight years in prison. But since the pipe was a deadly weapon, Jeff gets sentenced of a crime of violence. The mandatory minimum sentence is halfway between two and eight, which is five years. And the maximum sentence is eight doubled, which is sixteen. Therefore, Jeff faces five to sixteen years in prison.
CRS 18-1.3-406.
CRS 18-1.3-1003.
CRS 18-1.3-406; see People v. Wiseman, (2017) COA 49M, 413 P.3d 233.
CRS 18-1.3-406(1)(a).

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