Several felony crimes are listed as “extraordinary risk” offenses under Colorado state law. These are crimes that state lawmakers have deemed pose a substantial risk to human health, safety, and life. Extraordinary risk crimes come with enhanced prison sentences, and minimum sentencing guidelines.
Felony Extraordinary Risk Crimes
The felony crimes listed under this designation include:
- Violent crimes
- Child abuse
- Aggravated robbery
- Stalking
- Human trafficking
- Second degree assault
- Drug crimes related to manufacturing, selling, or possession with intent to sell
- Selling the materials used in the manufacture of controlled substances
- Felony privacy invasion crimes related to sexual gratification
Misdemeanor Extraordinary Risk Offenses
Some misdemeanors are “extraordinary risk” offenses, including
- Third degree assault
- Sexual assault
- Second degree assault
- Some child abuse offenses
- Second or more violations of a protective order
- Failure to register as a sex offender as required by law
- Falsely reporting an emergency to law enforcement or another agency
What are the Penalties in a Conviction for an Extraordinary Risk Felony?
Any person who is accused of committing an offense listed as an Extraordinary Risk crime is in serious legal trouble. The penalties imposed have added time in these crimes, based on how the law designates each type of felony:
- Class 1 felony – Life in prison or the death penalty
- Class 2 felony – 8 to 24 years in state prison
- Class 3 felony – 4 to 16 years in state prison
- Class 4 felony – 2 to 8 years in in state prison
- Class 5 felony – 1 to 2 years in state prison
- Class 6 felony – 1 to 2 years in jail or state prison
Penalties for Extraordinary Risk Misdemeanors
A misdemeanor Extraordinary Risk crime conviction is not a minor legal problem – far from it. The enhanced penalties imposed in a conviction will reflect the class of the misdemeanor under state law, with the maximum penalties as follows:
- Class 1 – 24 months imprisonment, $5,000 in fines
- Class 2 – 12 months in jail, $750 in fines
- Class 3 – 6 months in jail, $750 in fines
Defending Your Case: Your Options
If you are accused of committing either a felony or misdemeanor crime that is listed as “Extraordinary Risk,” a conviction can be a personal disaster. Under the law, you are innocent until proven guilty, but it won’t feel that way. The prosecutor will be focused on ensuring you are convicted and sentenced. Your criminal defense lawyer has the responsibility to protect your rights and seek a more favorable result, whether negotiating with the prosecutor, seeking to have the charge dismissed, or achieving an acquittal at trial. The types of legal challenges to the evidence against you could include:
- You acted in self-defense
- The evidence against you was obtained illegally, motions filed to exclude
- Establishing that you are not the guilty party
- The evidence presented by the prosecutor does not prove you are guilty beyond a reasonable doubt
- Rights violations by law enforcement personnel
Your Criminal Attorney and Crimes of Extraordinary Risk
If you are under investigation or already facing charges for one of these offenses, it is crucial that you exercise your right to remain silent and your right to an attorney. The quality, skill, and experience of your Colorado Springs felony defense attorney will play a significant role in the outcome of your case. At The Bussey Law Firm, P.C., we take on defending people who are accused of these crimes. Our approach is professional, strategic, and focused on achieving any benefit possible, based on the facts in the case.
Contact The Bussey Law Firm, P.C. today at (719) 475-2555 if you or a loved one has been charged with a crime of Extraordinary Risk.