Class 5 felonies in Colorado punishable by one to three years in state prison and/or $1,000 to $100,000 in fines, along with a two-year parole period. Examples of class 5 felonies include criminally negligent homicide, possession of burglary tools, and first-degree trespass.

In this article, our Colorado criminal defense attorneys discuss:

• 1. What are class 5 felonies in Colorado?
• 2. What are the penalties?
• 3. What are common class 5 felonies?
• 4. Are defendants entitled to a jury trial?
• 5. What is the statute of limitations?
• 6. Can immigrant defendants be deported?
• 7. Are gun rights affected?
• 8. Can the criminal record be sealed?

1. What are class 5 felonies in Colorado?

Class 5 felonies are the second least serious category of Colorado felony offenses. Colorado law divides felonies into six categories, from class 1 (the most serious) to class 6 (the least serious).¹

2. What are the penalties?

The typical presumptive penalties for class 5 felonies include one to three years in Colorado State Prison and/or a fine of $1,000 to $100,000, as well as two years of parole.

But the prison ranges can be laxer or harsher depending on how Colorado law classifies the felony and whether there are aggravating factors. For instance, extraordinary risk felonies are serious crimes that present a high probability of harm to society.

Colorado class 5 felony	Sentence range
Presumptive	1 – 3 years in prison, and/or $1,000 – $100,000 2 years of mandatory parole
Extraordinary risk	1 – 4 years in prison, and/or $1,000 – $100,000 2 years of mandatory parole
Enhanced	1 – 6 years in prison, and/or $1,000 – $100,000 2 years of mandatory parole
Aggravated	2 – 6 years in prison, and/or $1,000 – $100,000 2 years of mandatory parole
Exceptional circumstances	6 months – 6 years in prison, and/or $1,000 – $100,000 2 years of mandatory parole
Aggravated & extraordinary risk (most crimes of violence)	2.5 – 8 years in prison, and/or $1,000 – $100,000 2 years of mandatory parole
Enhanced & extraordinary risk	1 – 8 years in prison, and/or $1,000 – $100,000 2 years of mandatory parole
Exceptional circumstances & extraordinary risk	6 months – 8 years in prison, and/or $1,000 – $100,000 2 years of mandatory parole

Note that defendants with at least two prior felony convictions must serve prison. They cannot be sentenced to just a fine.

Also note that class 5 felonies never carry life imprisonment. And no Colorado crime carries the death penalty.²

Learn more in our article Colorado felony sentencing guidelines.

3. What are common class 5 felonies?

Examples of class 5 felonies include:

1. Nonsupport of spouse or children (CRS 14-6-101)
2. Criminal attempt (CRS 18-2-101) to commit a class 4 felony
3. Conspiracy (CRS 18-2-201) to commit a class 4 felony
4. Criminal solicitation (CRS 18-2-301) (attempting to persuade another to commit a class 4 felony)
5. Criminally negligent homicide (CRS 18-3-105)
6. Vehicular assault (CRS 18-3-205) (through recklessness)
7. Menacing (CRS 18-3-206) (with a deadly weapon)
8. False imprisonment (CRS 18-3-303) (using or threatening force, and confining the victim for 12 hours or longer)
9. Violation of a custody order (CRS 18-3-304)
10. Failure to register as a sex offender (CRS 18-3-412.5) (second or subsequent offense)
11. Third-degree burglary (CRS 18-4-204) (if the stolen goods are not controlled substances lawfully kept on the property that was burglarized)
12. Possession of burglary tools (CRS 18-4-205)
13. Theft of property (CRS 18-4-401) (where the property is worth at least $5,000 but less than $20,000)
14. Motor vehicle theft (CRS 18-4-409) (third-degree)
15. First-degree criminal trespass (CRS 18-4-502)
16. Criminal negligence (CRS 18-6.5-103) (causing serious bodily injury to an at risk adult or juvenile)
17. Disarming a peace officer / law enforcement (CRS 18-8-116)
18. Inciting a riot (CRS 18-9-102) (causing injury or property damage)
19. Vehicular eluding (CRS 18-9-116.5) (with no injuries)

Examples of extraordinary risk class 5 felonies in Colorado include:

• First-degree assault (CRS 18-3-202) (committed in the heat of passion)
• Internet luring of a child (CRS 18-3-306) (if there is no intent to meet for sexual exploitation or contact)
• Stalking (CRS 18-3-602) (for the first offense in seven years, and if the defendant was not under a judicial order prohibiting stalking)
• Second-degree unlawful termination of a pregnancy (CRS 18-3.5-104) (if done in the “heat of passion”)
• Child abuse (CRS 18-6-401) (certain second or subsequent offenses with no death or serious bodily injury)
• Attempt to escape (CRS 18-8-208.1) (from a community corrections facility or intensive supervision parole program)

See the state government’s official list of Colorado class 5 felonies.

4. Are defendants entitled to a jury trial?

Yes. Under the Colorado criminal justice system, people charged with class 5 felony crimes are entitled to a jury trial with 12 jurors. With the court’s approval, the defendant can choose to have a smaller jury of at least six people or a bench trial with just the judge and no jury.³

5. What is the statute of limitations?

Prosecutors usually have three (3) years after the alleged commission of a class 5 felony to press charges. But for theft- or fraud-related class 5 felony charges, this three-year clock usually does not begin running until after the theft or fraud is discovered. And if the criminal suspect is not in Colorado, the statute of limitation tolls (pauses) for no more than 5 years.⁴

6. Can immigrant defendants be deported?

It depends on the specific felony criminal offense. Serious felonies involving violence, firearms, controlled substances, or carrying long prison sentences are more likely to be deportable.⁵ Learn more about the criminal defense of immigrants in Colorado.

7. Are gun rights affected?

Yes. Convicted felons are not allowed to own or possess firearms. Though firearm rights can be restored through a Governor’s Pardon.⁶

8. Can the criminal record be sealed?

Most Colorado convictions for class 5 felonies can be sealed three (3) years after the case ends. And if the charge gets dismissed, then the defendant can pursue a record seal immediately.⁷

Note that any felony convictions for sex offenses, DUIs, or domestic violence can never be sealed.⁸ Learn more about Colorado criminal record sealing.

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