Colorado Springs Violent Crime Lawyers
What Is a Crime of Violence?
In Colorado, all felony offenses are subject to a range of penalties that a judge may impose following conviction. If the district attorney charges you with the Crime of Violence sentence enhancer, you will face drastically increased penalties. Facing a Crime of Violence can be a daunting experience, particularly if you are unsure about what it entails. The following content addresses the basics of the Crime of Violence sentence enhancement. For specifics details about your case, please contact us directly at The Bussey Law Firm, P.C., (719) 475-2555.
Enhanced Penalties for a Crime of Violence
When a person is convicted of a felony in Colorado, the presiding judge will typically have the option to sentence the person to probation, community corrections, or the department of corrections for a term within the presumptive range of penalties. The “presumptive range of penalties” differs based on how the offense was classified.
If the person was convicted of a felony and the jury finds that the offense was committed as a Crime of Violence, the presiding judge loses almost all discretion in sentencing. First, the judge cannot sentence that individual to probation or community corrections and must sentence the individual to the department of corrections. Second, the range of possible penalties increases. The judge must sentence the individual to at least the midpoint of the presumptive range, but may sentence the individual to a term as great as double the maximum of the presumptive range. Finally, the person will not be eligible for parole until he/she has served 75% of the sentence instead of 50%, which is the typical point in a sentence for parole eligibility.
Once sentenced to the department of corrections, the sentence cannot be suspended and the person will be remanded to the custody of the department of corrections. The judge will, however, have the ability to modify the sentence. In cases the judge considers to be exceptional and involving unusual and extenuating circumstances, the judge can reduce the sentence to a lesser sentence, to include probation if the person is otherwise eligible for probation. This sentence modification and reduction can become effective 119 days after being sentenced.
Constitutionality of Crime of Violence Enhancement
The constitutionality of the Crime of Violence sentence enhancement has previously been challenged based on the separation of powers doctrine, the equal protection clause, and the double jeopardy clause. See People v. Childs, 610 P.2d 101 (Colo 1980); People v. Goodman, 733 P.2d 1204 (Colo. 1987). The Supreme Court of Colorado has repeatedly upheld the constitutionality of the Crime of Violence statute.
When a Crime of Violence Is Charged
There are two components that must be present for a person to be at risk of a Crime of Violence enhancement. The first component is the alleged offense itself. The following offenses are subject to a Crime of Violence enhancement:
- first- or second-degree assault,
- a sexual offense pursuant to Colorado Revised Statutes § 18-3-401 through § 18-3-417,
- aggravated robbery,
- first-degree arson,
- first-degree burglary,
- criminal extortion, or
- first- or second-degree unlawful termination of pregnancy.
Additionally, any unlawful sexual offense, pursuant to Colorado Revised Statute § 18-3-411, in which the accused caused bodily injury to the victim or used threats, intimidation, or force against the victim, is also a Crime of Violence.
The second component to a Crime of Violence is that during the commission, conspiracy, attempt to commit the offense, or in the immediate flight from the offense a person uses a deadly weapon, possesses and threatens the use of a deadly weapon, and/or causes serious bodily injury or death to any person except another participant in the offense. If these two elements are present, then a person may face a Crime of Violence sentence enhancement.
There is an additional sentence enhancement within the Crime of Violence statute. If the deadly weapon is a "dangerous weapon" pursuant to Colorado Revised Statute § 18-12-101 and § 18-12-102, or a semiautomatic assault weapon, defined as a semiautomatic centerfire firearm that is equipped with a detachable magazine with a capacity of twenty or more rounds of ammunition, the sentence will be enhanced further. If a jury finds that a Crime of Violence occurred and the indictment or information alleges that the deadly weapon was a dangerous weapon or a semiautomatic assault weapon, the judge shall impose an additional sentence of five years to the department of corrections. This five-year term will be in addition to the mandatory sentence imposed for the offense, and must be served consecutively.
If Charged with a Crime of Violence, Talk to Us Immediately
If the district attorney intends to pursue the Crime of Violence enhancement, the accused is entitled to notice. The felony indictment or information must indicate that the state is pursuing the Crime of Violence enhancement. The filing of the sentence enhancement is typically done at the first appearance, or filing of charges date. While this is typical, the district attorney can amend the information or indictment to include the sentence enhancement at a later time if he/she feels that the allegations establish probable cause that the elements of a Crime of Violence are satisfied.
A Crime of Violence is a serious allegation. If you or a loved one is charged with a sentence enhancement, you need an experienced and knowledgeable Colorado Springs defense lawyer on your side. Our team at The Bussey Law Firm, P.C., has decades of combined experience defending the accused. Call today to set up an appointment to discuss your options and possible defenses. The number to dial is (719) 475-2555.
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