Call Us Now At
720-445-9887
Call Us Now At
720-445-9887A felony accusation can put your freedom, career, reputation, and future at risk. Understanding the charge, the potential penalties, and what the prosecution must prove can help you make informed decisions about what comes next.
At the Law Office of Kevin Cahill, you work directly with Denver felony defense lawyer Kevin Cahill. Kevin personally handles his clients’ cases, reviews the evidence and allegations, explains what you are facing in plain language, and develops a defense strategy based on the facts of your case.
Colorado felony charges range from lower-level Class 6 offenses to Class 1 felonies carrying life imprisonment. The consequences depend on much more than the felony class alone. The specific offense, criminal history, whether the charge is considered a crime of violence, and other sentencing provisions can all affect what is at stake.
This guide explains Colorado felony classifications and penalties, examples of violent and nonviolent felony charges, the felony court process, potential defense strategies, and consequences that can continue after a case ends.
Facing felony charges in Denver or elsewhere in Colorado can be overwhelming. Felonies are the most serious category of criminal offenses under Colorado law and can lead to substantial prison sentences, fines, and consequences affecting employment, housing, professional licensing, firearm rights, and other areas of your life.
A felony charge does not mean a conviction is inevitable. The prosecution still has to prove the charged offense, and the available defense strategy depends on the evidence and circumstances. A Colorado felony defense attorney can examine what prosecutors are alleging, how evidence was obtained, what defenses may apply, and what sentencing exposure you may face.
Colorado sentencing law also contains special rules for certain offenses, including crimes of violence, extraordinary-risk crimes, habitual-offender cases, and felony drug offenses. Those rules can make the potential consequences different from the ordinary sentencing range associated with a felony class.
Colorado criminal offenses include misdemeanors and felonies, along with other lower-level offenses. Felonies represent the most serious category.
Felony cases can involve allegations such as:
Felony cases are generally handled in Colorado district court. Because these cases can involve extensive discovery, forensic evidence, witnesses, expert testimony, motions, and serious sentencing exposure, they may take months or longer to resolve depending on their complexity.
If you are facing a felony as part of a broader criminal case, our criminal defense practice provides more information about the charges Kevin handles.
Colorado treats felony offenses differently from lower-level criminal charges, particularly when it comes to potential incarceration and long-term consequences.
Misdemeanors generally carry less severe sentencing exposure than felonies. Depending on the offense, potential consequences can include county-jail time, fines, probation, and other court-ordered conditions.
Learn more about misdemeanor charges in Colorado.
Felony convictions can carry substantially greater consequences, including:
The potential sentence depends on the felony class and the particular statute involved. Crimes of violence and other specially classified offenses can carry different sentencing rules.
Colorado divides most non-drug felonies into six classes. Class 1 is the most serious classification, while Class 6 is the lowest numbered felony class.
Felony Class | Presumptive Prison Range | Possible Fines | Mandatory Parole |
Class 1 | Life imprisonment | As provided by law | N/A |
Class 2 | 8–24 years | $5,000–$1,000,000 | Generally 3 years; different rules can apply to crimes of violence |
Class 3 | 4–12 years | $3,000–$750,000 | Generally 3 years; different rules can apply to crimes of violence |
Class 4 | 2–6 years | $2,000–$500,000 | 3 years |
Class 5 | 1–3 years | $1,000–$100,000 | 2 years |
Class 6 | 1 year–18 months | $1,000–$100,000 | 1 year |
These are general sentencing ranges. The actual sentencing rules depend on the offense and whether provisions involving crimes of violence, extraordinary risk, habitual offenders, or other circumstances apply.
Colorado abolished the death penalty in 2020. For adults, a Class 1 felony generally carries life imprisonment.
Colorado also uses a separate classification system for felony drug offenses. Drug felonies are divided into levels rather than the six classes above. For more information, see our Colorado drug crimes defense page.
Colorado uses presumptive sentencing ranges for felony classes, but the felony class does not always tell you the full sentencing picture. Some offenses are subject to special sentencing provisions that can increase the potential prison term or otherwise restrict sentencing options.
Depending on the charge, factors affecting sentencing can include:
Time actually served can also be affected by laws governing parole eligibility, earned time, credit for time already served, and other correctional rules. These issues are not identical for every felony conviction.
Because felony sentencing can become complicated quickly, Kevin reviews the specific statute charged and any sentencing provisions that may apply rather than relying solely on the felony class.
Felony charges can arise from many different allegations. Some involve violence or threatened violence, while others involve property, financial activity, controlled substances, or prohibited conduct.
Depending on the degree and circumstances, violent felony allegations can include:
Some violent felony offenses may also qualify as statutory crimes of violence, which can trigger special sentencing rules.
A felony does not have to involve physical violence. Nonviolent felony allegations can include certain:
Whether an offense is violent or nonviolent does not by itself determine the felony class or sentence. The specific criminal statute controls.
Some weapons and firearm charges can also be felonies, particularly when allegations involve prohibited possession or other aggravating circumstances.
Felony-level impaired-driving cases are another distinct category. Colorado can prosecute qualifying repeat DUI cases as felonies; see our felony DUI defense page for more information.
A felony case can move through several stages before reaching a final outcome. The exact process depends on the charge and how the case is filed.
Some felony cases begin with an arrest. Others involve an investigation before prosecutors decide whether to file charges. If you learn that you are under investigation, speaking with an attorney before answering questions can help you understand your rights and options.
Early court proceedings can address the charges, your rights, bond or release conditions, and scheduling.
Preliminary-hearing rights depend on the felony classification and other characteristics of the charge. Defendants accused of Class 1, 2, or 3 felonies generally have a right to demand a preliminary hearing, while eligibility for Classes 4, 5, and 6 is more limited. Other felony cases may proceed through a dispositional hearing.
The defense reviews evidence such as police reports, witness statements, body-camera footage, digital evidence, forensic findings, photographs, and expert reports.
Depending on the case, Kevin may also evaluate whether evidence can be challenged through pretrial motions.
Some felony cases resolve through negotiated agreements, while others proceed to trial. If a case goes to trial, prosecutors must prove the charged offense beyond a reasonable doubt.
If there is a conviction through a plea or verdict, the court determines the sentence under the laws applicable to the offense. The judge may consider the felony class, criminal history, statutory sentencing provisions, aggravating or mitigating circumstances, and other legally relevant information.
There is no single defense that applies to every felony charge. Kevin’s first step is to understand what prosecutors claim happened, what evidence supports that allegation, and whether the evidence was obtained and handled lawfully.
If evidence was obtained through an unconstitutional search or seizure, the defense may ask the court to suppress it. Suppression means excluding unlawfully obtained evidence from use in the prosecution’s case.
Many felony offenses require prosecutors to prove a particular mental state. Depending on the charge, whether the accused acted knowingly, intentionally, recklessly, or with another required state of mind may become an important issue.
Eyewitness identification, surveillance footage, digital evidence, or other identification evidence may be challenged when there are reliability problems.
In cases involving drugs, firearms, or other property, prosecutors may rely on constructive possession—a theory that a person knowingly had control over an item even though it was not physically on them. Shared vehicles, homes, rooms, or containers can create significant possession questions.
In appropriate violent-crime cases, the defense may examine whether the accused acted lawfully in self-defense or defense of another person. Whether that defense is available depends on the circumstances and the charged offense.
A felony criminal defense strategy may also involve challenging witness credibility, forensic evidence, expert conclusions, digital evidence, statements, or whether the admissible evidence proves every required element beyond a reasonable doubt.
These examples are provided for general educational purposes only. Defense strategy depends on the facts and law applicable to the individual case.
Certain felony charges can involve sentencing rules beyond the ordinary presumptive range.
Colorado’s statutory “crime of violence” designation applies to specified offenses and circumstances. When it applies, it can significantly change the sentencing range and available options.
Colorado also designates certain offenses as extraordinary-risk crimes. When an offense qualifies, the maximum presumptive sentence can be higher than the ordinary maximum for that felony class.
Prior felony convictions can create additional sentencing exposure when Colorado’s habitual-offender statutes apply. Whether a person qualifies depends on the prior convictions and the requirements of the applicable law.
Colorado voters approved Proposition 128 in 2024. For specified crimes of violence committed on or after January 1, 2025, the law generally requires a person to serve at least 85% of the sentence before becoming eligible for discretionary parole. Additional restrictions can apply to people with multiple qualifying violent-felony convictions.
Because these rules apply only to specified offenses and circumstances, a Denver felony attorney can review whether they affect the particular charge you are facing.
A felony conviction can affect your life beyond any immediate sentence.
A felony conviction can affect the legal ability to possess firearms under state and federal law. The precise restrictions can depend on the conviction and applicable law.
A felony record may affect employment opportunities, background checks, professional licenses, security clearances, and other career-related matters.
A criminal record may also create difficulties with housing or certain financial opportunities, depending on the circumstances and policies involved.
For noncitizens, some felony convictions can have serious immigration consequences. Immigration consequences are offense-specific and may require advice from an immigration attorney in addition to criminal defense counsel.
A felony conviction generally remains part of a person’s criminal history. Whether a record can later be sealed depends on the offense, disposition, and Colorado’s eligibility requirements.
Colorado generally does not permit a person serving a sentence of detention or confinement for a felony conviction to vote during that period. Voting eligibility can be restored after release from incarceration under Colorado law.
A felony is the most serious category of criminal offense under Colorado law. Most non-drug felonies are classified from Class 1 through Class 6, while felony drug offenses use a separate level system.
Class 6 is the lowest numbered felony classification in Colorado’s general felony sentencing system. The ordinary presumptive prison range is one year to 18 months, although special sentencing rules can change the applicable range.
Sometimes. Depending on the charge, evidence, negotiations, and applicable law, a felony case may resolve with a reduced charge. A reduction is not available or appropriate in every case.
No. Whether prison is required or likely depends on the offense, sentencing law, criminal history, and other circumstances. Some felony cases may allow probation or other sentencing options, while certain offenses carry mandatory or enhanced prison requirements.
There is no single timeline. The length of a felony case depends on the charge, amount of evidence, motions, negotiations, expert issues, court scheduling, and whether the case goes to trial.
Some felony allegations involve violence, injury, or threatened violence, while others involve property, financial activity, drugs, or other conduct. Colorado also uses the specific statutory designation “crime of violence,” which carries its own legal requirements and sentencing consequences.
No. Preliminary-hearing eligibility depends on the felony class and other characteristics of the offense. Classes 1 through 3 generally carry a right to demand a preliminary hearing, while the right is more limited for Classes 4 through 6.
Some felony records may qualify for sealing, but eligibility depends on the offense, case outcome, waiting period, and other statutory requirements. Certain convictions are not eligible.
A felony defense lawyer can review the charge and evidence, identify potential constitutional or evidentiary issues, explain sentencing exposure, communicate with prosecutors, evaluate negotiated resolutions, file appropriate motions, and prepare the case for trial when necessary.
If you are facing a felony charge, the allegations may affect your freedom and your life long after the criminal case ends. You deserve to understand exactly what prosecutors are alleging, what evidence they have, and what options are realistically available.
At the Law Office of Kevin Cahill, you work directly with Denver felony defense lawyer Kevin Cahill. Kevin personally handles his clients’ cases and provides straightforward guidance about the evidence, potential penalties, court process, and defense strategy.
Kevin represents people facing serious felony charges in Denver and throughout Colorado, including violent offenses, drug felonies, financial crimes, weapons allegations, felony DUI, and other felony-level criminal charges.
If you have been charged with a felony or believe you are under investigation, contact the Law Office of Kevin Cahill to schedule a consultation.
Denver Defense Lawyer Kevin Cahill never assumes that your case is a lost cause. He is a confident and fearless litigator who refuses to back down when he is fighting to protect the rights of his clients. Regardless of whether you are facing a felony or a misdemeanor, it is vital that you take the charges seriously and seek out legal representation as soon as possible so you can start building your defense.