Class 5 Felonies in Colorado (C.R.S. 18-1.3-401)
(Explained by Colorado criminal defense attorneys)

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A subsection of class 5 felonies in Colorado are classified as posing an extraordinary risk.

What are class 5 felonies in Colorado?

Colorado law divides felonies into six categories, from class 1 to class 6. Class 5 felonies are the second least serious category of Colorado felonies. Moreover, class 5 felonies are further subdivided into two sub-classes:

  1. Class 5 felonies, and
  2. Class 5 extraordinary risk felonies

According to Colorado law, extraordinary risk felonies present a high probability of harm to society.

Class 5 felonies

Common examples of class 5 felonies in Colorado include:

See the official list of Colorado class 5 felonies.

Class 5 extraordinary risk felonies

Common examples of class 5 felonies with extraordinary risk in Colorado include:

What are class 5 felony penalties in Colorado?

The punishment hinges on whether the offense is classified in Colorado as a class 5 felony with or without extraordinary risk. Note that if the defendant has previously been convicted twice of a felony (in Colorado or elsewhere), he/she will not be able to receive a fine in lieu of prison. Instead, he/she will be sentenced to at least the minimum sentence and may also receive a fine.

Class 5 felony penalties

The minimum penalty for class 5 felonies is:

  • 1 year in prison and/or $1,000 in fines

The maximum penalty for class 5 felonies is:

  • 3 years in prison and/or $100,000 in fines

There is also a mandatory parole period of 2 years.

Extraordinary risk class 5 felony penalties

The minimum penalty for class 5 extraordinary risk felonies is:

  • 1 year in prison and/or $1,000 in fines

The maximum penalty for class 5 extraordinary risk felonies is:

  • 4 years in prison and/or $100,000 in fines

There is also a mandatory parole period of 2 years.

Other class 5 felonies facts in Colorado

People who are arrested and charged with a class 5 felony in Colorado have the constitutional right to a jury trial of twelve jurors. (With the court's approval, the defendant can choose to have a smaller jury of at least six people or a bench trial with just the judge and no jury.) Depending on the defendant's specific criminal charge, he/she could be able to have the case sealed from his/her criminal record.

Some class 5 felonies may be deportable offenses or crimes involving moral turpitude. For that reason, non-citizens convicted of some class 5 felonies can be deported.

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