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Class 2 Felonies in Colorado

Posted on January 1, 2023 in

In Colorado, there are a number of different felony classes that an individual can be charged with based on the crime’s severity. Class 2 is the second most serious category of felony crimes.

Punishments for Class 2 Felonies

For a class 2 felony committed on or after July 1, 2018, the presumptive sentencing range is 8 to 24 years, a $5,000 to $1,000,000 fine, and three years of mandatory parole. However, the penalties can vary by case and whether the defendant has prior felony convictions. For example, class 2 felonies involving a crime of violence are subject to 16 to 48 years in prison, a $5,000 to $1,000,000 fine, and a mandatory parole period of five years.

Types of Class 2 Felony Crimes in Colorado

There are many types of crimes charged as class 2 felonies in Colorado, such as the following:

Second-Degree Murder (CRS 18-3-103)

Knowingly causing the death of a person. (Self-induced intoxication is not a defense)

First-Degree Kidnapping (CRS 18-3-301)

Knowingly and forcibly taking any person from one place to another:

  1. With intent to force that person or any other person to make any concession or give up anything of value,
  2. In order to secure the release of the person under the defendant’s actual or apparent control;

For first-degree kidnapping to remain a class 2 felony, the victim must have been unharmed in the process.

Second Degree Kidnapping (CRS 18-3-302)

If the person kidnapped is a victim of a sexual offense or a robbery.

Sexual Assault (CRS 18-3-402)

Any actor who knowingly inflicts sexual intrusion or penetration on a victim and:

  1. More than one person aids the actor in the assault;
  2. The victim suffers serious bodily injury; or,
  3. The actor uses a deadly weapon or an article fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon or represents verbally that the actor is armed with a deadly weapon, and uses the deadly weapon, article, or representation to cause the victim to submit.

Child Abuse (CRS 18-6-401)

Knowingly or recklessly commits child abuse, resulting in the death of a child.

Human Trafficking of Children for Involuntary Servitude (CRS 18-3-503)

A person who

  1. Knowingly sells, recruits, harbors, transports, transfers, isolates, entices, provides, receives, or obtains by any means another person for the purpose of coercing the other person to perform labor or services, and that person is a minor.

Human Trafficking of Children for Sexual Servitude (CRS 18-3-504)

  1. A person who knowingly sells, recruits, harbors, transports, transfers, isolates, entices, provides, receives, obtains by any means, maintains, or makes available a minor for the purpose of commercial sexual activity; or,
  2. Knowingly advertises, offers to sell, or sells travel services that facilitate such an activity.

Aggravated Robbery of Controlled Substances (CRS 18-4-302)

If robbery of controlled substances involves the use of a deadly weapon, placing the victim in fear of death or injury, or being aided and abetted by an armed confederate.

Theft (CRS 18-4-401)

When the stolen property is valued at $1,000,000 or more.

Criminal Attempt (CRS 18-2-101)

How Will a Colorado Felony Conviction Affect My Future?

In addition to prison and fines, when convicted of a class 2 felony, your life can be affected in the following ways:

  • Right to Carry Firearms: Under Colorado law, you are no longer allowed to own or carry firearms if convicted of a felony. This right can only be restored with a governor’s pardon.
  • Right to Vote: If you are incarcerated for a felony conviction, it is illegal to register or cast a vote while in prison. Once a sentence is served or if you are on parole, you may vote.
  • Right to Travel Abroad: Certain crimes disqualify you from getting a passport. Additionally, some countries will not allow you to enter if you have a criminal record.
  • Eligibility for Government Benefits: Eligibility for many public benefits can be lost after a conviction for certain crimes, including public housing.
  • Rights as a Parent: Depending on the crime, the state can petition to take away your parental rights.
  • Right to Serve on a Jury: You cannot be a grand juror in Colorado after a felony conviction.

On top of that, many opportunities for employment, loans, housing, or professional licenses may be limited.

What is the Criminal Statute of Limitations in Colorado?

The statute of limitations is a law that sets forth maximum time limits for the government to file criminal charges in a case. For class 2 felonies in Colorado, the statute of limitations varies depending on the crime. In most cases, it is three years for felony crimes but it can go up to 20. However, for some severe crimes, there is no time limit. For example, prosecutors can file criminal charges against someone accused of murder, kidnapping, or sexual assault against a child, at any time after the crime has been committed.

In other cases, the statute of limitations may be “tolled.” This means that the statute of limitations is temporarily suspended, which generally occurs when a suspect is on the run. Suspects must remain visible and employed within the state, to give law enforcement enough time to conduct an investigation. If a suspect is in hiding or living out of state or country, the statute of limitations restarts once they return to the area.

Is a Class 2 Felony Conviction a Deportable Offense in Colorado?

Non-citizens charged with a class 2 felony in Colorado can be deported if they are convicted. Therefore, it is critical to work with a skilled defense lawyer who can help get the charge dismissed or reduced to a non-deportable crime.

Speak To a Colorado Criminal Defense Lawyer Today

Any criminal allegation is a serious matter that can forever change your life. A Colorado Defense Lawyer can help represent your interests during every stage of the criminal proceedings, from arrest and arraignment through trial. Contact Flesch & Beck Law today to arrange a free consultation to discuss your legal options.