Does Colorado use concurrent or consecutive sentencing?

Posted on January 14, 2022

Colorado judges generally have discretion over whether to impose concurrent- or consecutive sentencing unless a specific statute mandates otherwise. Concurrent means that the defendant serves two or more separate sentences at the same time. And consecutive means that the defendant serves the separate sentences one-after-the-other.

When are consecutive sentences mandatory in Colorado?

Consecutive sentences are mandatory in the following five circumstances:

1. The defendant has been convicted at least two crimes of violence (COVs) arising out of the same incident. Examples of crimes of violence include murder, rape, and first-degree assault, but they are considered COVs only if the defendant used a deadly weapon or caused serious bodily injury or death.¹
2. The defendant was convicted of a crime of violence and sexual assault as a class 2 felony.²
3. If the defendant was convicted of a crime of violence using a dangerous or semi-automatic assault weapon, the defendant must serve an additional five-year sentence.³
4. If the defendant gets convicted of escaping from custody, the sentence must be consecutive to the underlying sentence he/she was serving.⁴
5. If the defendant violates bail, the sentence for “bond jumping” must be served consecutive to the sentence for the underlying crime.⁵

What factors do judges consider when deciding between concurrent and consecutive sentences?

When determining whether separate criminal sentences should run concurrently or consecutively, Colorado courts typically consider the following:

• Whether the separate crimes arose out of the same conduct. If so, judges are more likely to opt for concurrent sentencing unless a statute mandates otherwise.
• Whether the defendant intended to commit separate offenses. If so, judges are more likely to opt for consecutive sentences to punish the defendant for his/her criminal intent.
• Whether the defendant was on probation or parole at the time of the crimes. If so, judges are more likely to punish the defendant by imposing consecutive sentences.
• Whether the multiple crimes targeted the same victim. If so, the judges are more likely to impose consecutive sentences for hurting the same person repeatedly.⁶

In addition, courts consider whether the case has mitigating circumstances justifying a concurrent sentence or aggravating circumstances justifying a consecutive sentence. Examples of mitigating factors include:

• The defendant had a clean criminal record prior to the current case.
• The defendant had a difficult childhood where he/she was abused, impoverished, neglected, or otherwise underprivileged.
• The defendant was not the principal of the crimes and merely acted as an accomplice or an accessory.
• The defendants’ crimes were “victimless”, and no one was hurt.
• The defendant was experiencing extenuating emotional or physical circumstances prior to the crimes, such as going through a divorce or losing a job.⁷

Meanwhile, examples of potential aggravating factors include:

• The defendant used a deadly weapon.
• The defendant caused death or serious bodily harm.
• The defendant tortured the victim.
• The defendant presented a high risk of harm to society.
• The defendant was on parole or probation at the time of the crimes.⁸

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