Class 3 Felonies in Colorado (C.R.S. 18-1.3-401) (Explained by Colorado criminal defense attorneys)

What are class 3 felonies in Colorado?

Colorado law divides felonies into six categories, from class 1 to class 6. Class 3 felonies are the third most serious category of Colorado felonies. Furthermore, class 3 felonies are further subdivided into two categories:

1. Class 3 felonies, and
2. Class 3 extraordinary risk felonies

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

Class 3 felonies

Common examples of class 3 felonies in Colorado include:

• The Colorado crime of criminal attempt to commit a class 2 felony
• The Colorado crime of conspiracy to commit a class 2 felony
• The Colorado crime of vehicular homicide (if the defendant operates the car while under the influence of alcohol and/or one or more drugs, and such conduct proximately causes the death of another)
• The Colorado crime of trafficking adults for involuntary servitude (if the adults are not illegal aliens, 70 or over, or disabled)

See the full list of Colorado class 3 felonies.

Class 3 extraordinary risk felonies

Common examples of class 3 felonies with extraordinary risk in Colorado include:

• The Colorado crime of aggravated robbery
• The Colorado crime of second-degree murder (if the killing is done “in the heat of passion”)
• The Colorado crime of first-degree assault (if there is no “heat of passion)
• The Colorado crime of unlawful termination of pregnancy (if the woman does not die)

What are class 3 felony penalties in Colorado?

The punishment hinges on whether the offense is classified in Colorado as a class 3 felony with or without extraordinary risk. Note that if the defendant has earlier been convicted of a felony twice (in any state), he/she cannot receive a fine in lieu of prison. Instead, he/she will be sentenced to at least the minimum prison sentence and possibly a fine.

Read our related article about reducing a felony to a misdemeanor.

Class 3 felony penalties

The minimum penalty for class 3 felonies is:

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

The maximum penalty for class 3 felonies is:

• 12 years in prison and/or $750,000 in fines

There is also a mandatory parole period of 5 years.

Extraordinary risk class 3 felony penalties

The minimum penalty for class 3 extraordinary risk felonies is:

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

The maximum penalty for class 3 extraordinary risk felonies is:

• 16 years in prison and/or $750,000 in fines

There is also a mandatory parole period of 5 years.

Other class 3 felonies facts in Colorado

Defendants charged with a class 3 felony in Colorado have the constitutional right to a jury trial of twelve people. (With the court’s okay, the defendant can elect to have a bench trial or a smaller jury of at least six people.) Depending on the case, the defendant might be able to have the case sealed from his/her criminal record.

Many class 3 felonies are also deportable offenses or crimes involving moral turpitude. Therefore, non-citizens convicted of certain class 3 felonies can be deported.

Arrested in Colorado? Call us . . . .

Our Denver Criminal Defense Attorneys are available to fight to get your charge dismissed or lessened, or, if you desire, to take it all the way to a jury trial. Call us at (303)222-0330 for a free consultation to discuss what we can do to help your case and keep you from getting a criminal record.

• Return to our Colorado felony main page