A level 4 drug felony is a class of Colorado drug crime that carries 6 months to 1 year in prison and/or fines of $1,000.00 to $100,000.00. If there are aggravating circumstances, the maximum prison term becomes two years. Convictions can usually be sealed three years after the criminal case ends.
In this article, our Colorado criminal defense attorneys discuss:
- 1. What are level 4 drug felonies?
- 2. What is the sentence for level 4 drug felonies?
- 3. What are examples?
- 4. Can level 4 drug felonies get sealed?
- 5. Am I entitled to a jury trial?
- 6. Are level 4 drug felonies deportable?
- 7. Do I have to give up my guns?
- 8. What is the criminal statute of limitations?
1. What are level 4 drug felonies?
Level 4 drug felonies are the least serious category of Colorado’s four drug felonies. Level 4 drug felonies carry laxer penalties than level 3 drug felonies and more serious penalties than level 1 drug misdemeanors.
Drug possession of more than four grams of methamphetamine is a level 4 drug felony in Colorado.
2. What is the sentence for level 4 drug felonies?
The presumptive penalties for level 4 drug felonies in Colorado are six months to one year in Colorado State Prison and/or $1,000 to $100,000 in fines, a $1,500 surcharge, plus a one-year mandatory parole period. But the maximum prison sentence becomes two years if there are aggravating factors, such as if the defendant was either:
- on parole,
- on probation or bond for another felony,
- in confinement for a felony, or
- an escapee from confinement for a felony
Certain level 4 drug felonies are wobblers. These crimes can be reduced to a level 1 drug misdemeanor if the defendant successfully completes probation or community corrections.1
Learn more in our article Colorado felony sentencing guidelines.
3. What are examples?
Three common examples of level 4 drug felonies in Colorado include:
- Attempt (CRS 18-2-101) to commit a level 3 drug felony
- Selling controlled substances (CRS 18-18-405) that include no more than 4 grams of schedule III or schedule IV drugs
- Possession of a controlled substance (CRS 18-18- 403.5) that includes GHB, flunitrazepam, ketamine, or more than 4 grams of schedule I or schedule II drugs
See the state government’s official list of Colorado level 4 drug felonies.
4. Can level 4 drug felonies get sealed?
In Colorado, most level 4 drug felony convictions are sealable three years after the case ends. But there is no waiting period to petition for a seal if the criminal charge gets dismissed.2
Learn how to seal Colorado criminal records.
The maximum sentence for level 4 drug felonies is two years in Colorado state prison.
5. Am I entitled to a jury trial?
Yes. People charged with a level 4 drug felony in Colorado have the right to a jury trial of twelve jurors. With the court’s approval, the defendant can choose to have a bench trial–with only a judge–or a smaller jury of no less than six people.3
6. Are level 4 drug felonies deportable?
Yes, drug convictions – even for simple possession of drugs – can cause non-citizen defendants to be deported from the U.S. That is why immigrants facing charges of violating drug laws are advised to hire experienced counsel immediately to try to get the charges reduced or dismissed. Learn more about the criminal defense of immigrants in Colorado.4
7. Do I have to give up my guns?
Yes. It is unlawful for convicted felons to own or carry firearms in Colorado. The only way to get firearm rights restored is through a Governor’s Pardon.5
8. What is the criminal statute of limitations?
The district attorney has three years after an alleged level 4 drug felony to press charges. And if the defendant is outside of Colorado, the statute of limitations pauses (tolls) for no more than five years.6
Legal References
- C.R.S. (criminal statute) 18-1.3-401.5; see also People v. Vanness, (2020) CO 18, 458 P.3d 901, see also People v. Session, (Court of Appeals of Colorado, Division Two, 2020) COA 158, 480 P.3d 747.
- CRS 24-72-701 – 708.
- CRS 18-1-406.
- 8 USC 1227.
- CRS 18-12-108; Colorado Constitution, Article IV, § 7.
- CRS 16-5-401.