Sentencing in the Presumptive Range (18-1.3-401)

Misdemeanors are those charges where punishment cannot be greater than a sentence to the County Jail, as distinguished from felonies, which MAY carry potential prison (Colorado Department of Corrections) sentences.

Misdemeanors

There are three classes of misdemeanor with the following potential penalties:

Class 1 - Six months to eighteen months county jail imprisonment, or five hundred to one thousand dollars fine, or both, except that crimes designated as extraordinary risk carry up to twenty-four months imprisonment in the county jail;

Class 2 - Three to twelve months imprisonment, or two hundred fifty to one thousand dollars fine, or both

Class 3 -Six months imprisonment, or fifty to seven hundred fifty dollars fine, or both

Felonies

There a six class of felonies classified, with the following presumptive penalties:

Class 1 - Life imprisonment or death
Class 2 - Eight to twenty-four year imprisonment and five years parole
Class 3 - Four to twelve years imprisonment and five years parole
Class 4 - Two to six years imprisonment and three years parole
Class 5 - One to three years imprisonment and two years parole
Class 6 - One year to eighteen months imprisonment and one year parole.

There are many circumstances under which an individual convicted of a felony may be sentenced to terms that exceed the above-noted presumptive ranges, and/or is ineligible for probation or otherwise subject to mandatory and enhanced sentencing.

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