“Class 6 Felony” Crimes in Colorado – Definition & Penalties

• criminal impersonation,
• third-degree assault and
• indecent exposure.

There is a subclass of class 6 felonies called extraordinary risk crimes. These offenses carry a maximum prison term of two years. Convictions can typically be sealed three years after the case ends.

In this article, our Denver Colorado criminal defense attorneys discuss:

• 1. What are class 6 felonies?
• 2. What is the sentence for a class 6 felony in Colorado?
• 3. What are some examples?
• 4. Can class 6 felonies be sealed?
• 5. Can I get a jury trial?
• 6. Are class 6 felonies deportable?
• 7. Will I lose my gun rights?
• 8. What is the criminal statute of limitations?

1. What are class 6 felonies?

Class 6 felonies are the laxest category of Colorado felonies. They have more lenient sentences than class 5 felonies and harsher sentences than class 1 misdemeanors.

Class 6 felony sentences are served in state prison, not county jail.

2. What is the sentence for class 6 felonies in Colorado?

Colorado’s presumptive class 6 felony penalties are one year to 18 months in state prison and/or $1,000 to $100,000 in fines. There is also a mandatory parole period of one year. If the charge is classified as extraordinary risk, the maximum prison term is two years.

Penalties can be longer or shorter depending on whether there are aggravating factors:

If the defendant has already been convicted twice of a felony (in any state), he/she will not be eligible to receive a fine in lieu of a prison sentence. Instead, he/she will be sentenced to at least the minimum sentence and can be fined in addition.¹

Learn more in our article Colorado felony sentencing guidelines.

3. What are some examples?

Nine common examples of class 6 felony charges in Colorado include such unlawful acts as:

1. Criminal attempt to commit a class 5 felony (CRS 18-2-101)
2. Conspiracy to commit a class 5 felony (CRS 18-2-201)
3. Criminal impersonation (CRS 18-5-113)
4. Criminal possession of first degree forged instrument (CRS 18-5-102)
5. Human trafficking: Coercion of involuntary servitude (CRS 18-3-503)
6. Failure to register as a sex offender (CRS 18-3-412.5), if the underlying offense is a felony
7. Assault in the third degree (CRS 18-3-204), when the victim is an at-risk juvenile or at-risk adult
8. Indecent exposure (CRS 18-7-302), for a third or subsequent offense
9. Theft of property (CRS 18-4-401), where the property is at least $2,000 but less than $5,000

Common examples of class 6 felonies with extraordinary risk in Colorado include such serious crimes as:

• Sexual exploitation of a child by possessing sexually exploitative material (CRS 18-6-403), for a first offense and there are no more than 20 prohibited items
• Invasion of privacy for sexual gratification (CRS 18-3-405.6)
• Assault in the second degree (CRS 18-3-203), with a heat of passion defense
• Sexual conduct in penal institutions by an employee who works in a community corrections program (CRS 18-7-701)

According to Colorado law, extraordinary risk felonies present a high probability of harm to society.

See the state government’s official list of Colorado class 6 felonies.

4. Can class 6 felonies be sealed?

Class 6 felony convictions may be sealed in Colorado three years after the case ends. If the criminal charge gets dismissed, the defendant can pursue the record seal process immediately.

Note that felony convictions for sex crimes, DUIs, or domestic violence are unsealable.²

Learn how to seal Colorado criminal records.

Defendants facing felony charges may have a trial by 12 jurors.

5. Can I get a jury trial?

Yes. People facing prosecution for a class 6 felony in Colorado have the constitutional right to a jury trial by twelve jurors. With the judge’s approval, the defendant can opt to have

• a smaller jury of at least six jurors or
• a bench trial.³

6. Are class 6 felonies deportable?

Under the criminal justice system, some class 6 felonies in Colorado could be considered deportable offenses. These deportable crimes typically include

• drug felonies,
• violent felonies, and
• offenses involving firearms.

Learn more about the criminal defense of immigrants in Colorado.⁴

7. Will I lose my gun rights?

Convicted felons lose their right to own or possess firearms in Colorado. But they may be able to get firearm rights restored through a Governor’s Pardon.⁵

8. What is the criminal statute of limitations?

In general, Colorado prosecutors may press charges for up to three years after the commission of a class 6 felony offense. But there are situations where this three-year statute of limitations pauses (tolls).

Fraud- or theft crimes are typically tolled until the crime is discovered. The statute of limitation tolls for up to five years if the defendant is not in Colorado.⁶

Legal References