Hearing the words “you’re being charged with a felony” in a Boulder courtroom (or holding cell, or while you’re being handcuffed) is enough to make anyone’s stomach drop. Whether it’s your first time facing criminal charges or you’ve been in the system before, the term felony carries serious weight — and serious consequences. Think: voting rights, federal grants disappearing, gun ownership gone….
But not all felonies are the same. Colorado laws break down felonies by class, severity, and type. If you’re facing a felony in Boulder, here’s what you need to know about what the charges actually mean, what penalties you might face, and how to protect yourself from making things worse.
Felonies 101: What Makes a Crime a Felony in Colorado?
In Colorado, crimes are classified as either misdemeanors or felonies. Misdemeanors can result in up to 364 days in jail. Felonies, on the other hand, carry penalties ranging from 365 days in prison to life. Even the lowest-level felony conviction will leave you with a permanent criminal record.
Felony convictions also come with collateral consequences, like:
- Loss of firearm rights
- Barriers to employment and housing
- Immigration consequences (if applicable)
- Loss of voting rights while incarcerated or on parole/probation
And even though you may serve time in Boulder County Jail for a misdemeanor before a conviction enters. More often, a felony conviction can land you in state prison.
Felony Classes in Colorado (And What They Mean in Boulder)
Colorado has six classes of felonies, plus a separate classification system for drug felonies. Here’s the breakdown:
🟥 Class 1 Felony – The most serious
- Examples: First-degree murder, treason
- Penalty: Life in prison or death (though Colorado has abolished the death penalty for crimes committed after July 2020)
🟥 Class 2 Felony
- Examples: Certain types of kidnapping, large-scale drug trafficking, sexual assault
- Penalty: 8–24 years in prison (or more if aggravators apply)
🟧 Class 3 Felony
- Examples: Aggravated robbery, vehicular homicide
- Penalty: 4–12 years in prison
🟨 Class 4 Felony
- Examples: Felony theft, burglary, stalking
- Penalty: 2–6 years in prison
🟩 Class 5 Felony
- Examples: Menacing with a deadly weapon, fraud
- Penalty: 1–3 years in prison
🟦 Class 6 Felony – Lowest level
- Examples: Possession of a controlled substance (in some cases), certain types of assault
- Penalty: 1–1.5 years in prison
Drug felonies are ranked from Level 1 (most severe) to Level 4 (least severe) and have their own sentencing structure, including options like probation, treatment, and community crrections.
Keep in mind all cases are unique and your sentencing range may be very different from the “presumptive sentences” outlined above. The presumptive range for a felony sentence is merely the starting point. Multiple counts or multiple cases can also result in sentences being served consecutively rather than concurrently, adding time to your sentence.
Aggravating vs. Mitigating Factors: Why They Matter
Sentencing for felonies isn’t always cut and dry. The court looks at aggravating and mitigating factors to decide whether you should get the high end or low end of the sentencing range — or possibly even probation.
Aggravating factors include:
- Use of a weapon
- Prior convictions
- Crimes against vulnerable victims (children, elderly)
Mitigating factors include:
- No prior record
- Strong community ties
- Mental health or substance abuse treatment in progress
This is where having a skilled Boulder criminal defense attorney makes a huge difference — both in plea negotiations and at sentencing.
Colorado law provides specific guidance on these factors, but a creative attorney who excels at story telling can really bring your situation to life for the judge. Under C.R.S. § 18-1.3-401, judges are given direction regarding sentencing and must weigh both aggravating and mitigating circumstances when determining an appropriate sentence. Many factors are listed by statute, but judges have wide discretion to pick and choose what’s most persuasive.
Additionally, C.R.S. § 18-1-102 requires courts to balance punishment with rehabilitation, public safety, and fairness — meaning the judge must consider not just the crime, but the whole person and the broader impact of the sentence. These statutes ensure that sentencing decisions are made thoughtfully, not arbitrarily.
Can Felonies Be Reduced or Dismissed in Boulder?
The answer is yes — but with an asterisk the size of a billboard. Some Class 5 and Class 6 felonies can be reduced to misdemeanors through smart plea negotiations or by successfully completing a deferred judgment. In certain drug cases, reclassification may also be on the table. And dismissal? It’s possible when the evidence is weak, your constitutional rights were violated (think illegal searches or Miranda violations), or the prosecution agrees that further punishment doesn’t serve justice.
Here’s the thing, though: none of this happens automatically. In much of Colorado, including Boulder, the default plea offered in a straightforward, non-aggravated case typically results in a one-level reduction — so a Class 5 felony might drop to a Class 6, or a Class 6 to a misdemeanor. But if you want anything better than the default, you need an attorney who can tell your story, challenge the state’s case, and fight for more than just the standard offer.
Don’t settle for the default deal when your future is on the line. Colorado Lawyer Team knows how to push past the generic plea and build a defense strategy tailored to your case and your life. Whether it’s finding weaknesses in the prosecution’s evidence, negotiating a reduction, or advocating for deferred judgment, we’re here to make sure you’re not just another number on the court docket. Call us at 970-670-0738 or visit www.COLawTeam.com — because going from a felony conviction to a clean slate requires more than hope. It requires a team willing to fight for it.
External Resources for Understanding Felony Charges in Colorado
🔗 Colorado General Assembly – Colorado Revised Statutes (Felony Sentencing Laws)
Access the official text of Colorado’s sentencing statute, including aggravating/mitigating factors and felony sentencing ranges under C.R.S. § 18-1.3-401. 👉 https://leg.colorado.gov/agencies/office-legislative-legal-services/colorado-revised-statutes
🔗 Colorado Judicial Branch – Criminal Case Information & Self-Help Resources
Provides guidance on criminal procedure, court forms, rights, and general information for defendants navigating the Colorado court system. 👉 https://www.courts.state.co.us/Self_Help/criminal/
🔗 Colorado Department of Public Safety – Division of Criminal Justice
Information on sentencing policies, criminal justice reform, incarceration data, probation, parole, and rehabilitation resources statewide. 👉 https://dcj.colorado.gov/
🔗 National Institute of Justice – Felony Sentencing & Criminal Justice Research
Federal research on felony sentencing trends, evidence-based practices, rehabilitation, and recidivism. 👉 https://nij.ojp.gov/topics/courts/sentencing
🔗 Cornell University Legal Information Institute (LII) – Criminal Law Overview
A widely trusted educational resource explaining felony categories, constitutional rights, criminal procedure, and sentencing principles nationwide. 👉 https://www.law.cornell.edu/wex/criminal_law
Boulder Felony Defense FAQs
Q: Can I get probation instead of prison for a felony?
A: Yes, depending on the class of felony, your criminal history, and the facts of the case. Many Class 4–6 felonies can result in probation if handled properly.
Q: Will I lose my gun rights?
A: Yes — Colorado law bars most convicted felons from possessing firearms.
Q: Can a felony be sealed in Colorado?
A: Some felonies can be sealed after a waiting period, but not all. Violent crimes, sex offenses, and DUIs are typically excluded.
Facing a Felony in Boulder? You Don’t Have to Face It Alone.
Felony charges are serious — but they don’t have to define your life. The outcome depends on how early you act, how well you understand your options, and who’s in your corner.
📞 Call our Boulder criminal defense team today. Let’s build a plan, protect your rights, and fight for the best possible outcome in your case.