Class 3 Felonies in Colorado (CRS 18-1.3-401)

Class 3 Felony Crimes in Colorado: Five things to know (examples & penalties)

Class 3 felonies in Colorado are punishable by 4 to 12 years in prison and/or fines of $3,000 to $750,000. Extraordinary risk class 3 felonies carry a maximum prison term of 16 years. And convictions for class 3 felony crimes remain on the defendant’s criminal record forever – they cannot be sealed.

In this article, our Colorado criminal defense attorneys discuss:

1. What are class 3 felonies?

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. The penalties for class 3 felony criminal offenses are less harsh than for class 2 felonies but harsher than for class 4 felonies.

Masked thief pointing a gun to sales woman in a store

Aggravated robbery is a class 3 felony in Colorado.

2. What is the sentence for class 3 felonies in Colorado?

The presumptive penalty for class 3 felony offenses is four to 12 years in Colorado State Prison and/or $3,000 to $750,000 in fines. The mandatory parole period lasts for three years.

However, the sentence can change depending on the specific criminal charge. For example, extraordinary risk class 3 felonies – which present a high probability of harm to society – have a maximum prison term of 16 years.

Colorado class 3 felony Sentence range
Presumptive
  • 4 – 12 years in prison, and/or
  • $3,000 – $750,000

3 years of mandatory parole
Extraordinary risk
  • 4– 16 years in prison, and/or
  • $3,000 – $750,000

3 years of mandatory parole
Enhanced
  • 4 – 24 years in prison, and/or
  • $3,000 – $750,000

3 years of mandatory parole
Aggravated
  • 8 – 24 years in prison, and/or
  • $3,000 – $750,000

3 years of mandatory parole
Exceptional circumstances
  • 2 – 24 years in prison, and/or
  • $3,000 – $750,000

3 years of mandatory parole
Aggravated & extraordinary risk (most crimes of violence)
  • 10 – 32 years in prison, and/or
  • $3,000 – $750,000

3 years of mandatory parole
Enhanced & extraordinary risk
  • 4 – 32 years in prison, and/or
  • $3,000 – $750,000

3 years of mandatory parole
Exceptional circumstances & extraordinary risk
  • 2 – 32 years in prison, and/or
  • $3,000 – $750,000

3 years of mandatory parole

If the defendant has been convicted of a felony twice (in any state) prior to the class 3 felony conviction, he/she cannot receive a fine in lieu of prison. Instead, he/she faces a definite prison sentence and possibly a fine. Also note that incarceration is served in prison, not a county jail.1

3. What are examples?

Four common class 3 felonies in Colorado include the following:

  1. Attempt to commit a class 2 felony (CRS 18-2-101)
  2. Conspiracy to commit a class 2 felony (CRS 18-2-201)
  3. Vehicular homicide (CRS 18-3-106), 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
  4. Theft of property (CRS 18-4-401) of $100,000 to less than $1,000,000

Five examples of class 3 felonies with extraordinary risk in Colorado include these serious crimes:

  1. Aggravated robbery (CRS 18-4-302)
  2. Human trafficking adults for involuntary servitude (CRS 18-3-503)
  3. Second-degree murder (CRS 18-3-103), if the killing is done in the heat of passion
  4. First-degree assault (CRS 18-3-202), if there is no heat of passion
  5. Unlawful termination of pregnancy (CRS 18-3.5-103), if the woman does not die

See the state government’s official full list of Colorado class 3 felonies.

4. Are class 3 felonies sealable?

In Colorado, class 3 felony convictions are unsealable. But if the charge gets dismissed, the defendant can pursue a record seal immediately.2

Learn more about Colorado criminal record seals.

Vertical stack of multicolor office binders with Criminal records tags

Class 3 felony convictions remain on Colorado criminal records forever.

5. Am I entitled to a jury trial?

Yes. Defendants charged with a class 3 felony in Colorado can have a jury trial of twelve jurors. With the judge’s permission, the jury can be as small as six jurors. Defendants can also elect to have a bench trial instead, where the judge decides the verdict.3

6. Are class 3 felonies deportable?

Many class 3 felonies are deportable under the U.S. justice system. That is why non-citizens facing felony charges should hire an experienced lawyer immediately to try to get the charge dismissed or reduced to a non-deportable offense. Learn more about the criminal defense of immigrants in Colorado.4

7. What happens to my gun rights?

Convicted felons are prohibited from owning or carrying firearms in Colorado. Learn how to get firearm rights restored through a Governor’s Pardon.5

8. What is the criminal statute of limitations?

Colorado prosecutors usually have three years to press charges after a class 3 felony allegedly happens. But many crimes carry longer statutes of limitations. For instance, vehicular homicide with no hit-and-run has a five-year statute of limitations. And there is no statute of limitations for second-degree murder.

Note that the statute of limitations does not begin running in theft or fraud cases until the crime is discovered. And the statute of limitations pauses (tolls) for up to five years if the defendant is not in the state of Colorado.6

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Call our Colorado law firm for legal help and legal advice. Our criminal defense lawyers offer free consultations.

We create attorney-client relationships throughout Colorado, including Denver, Colorado Springs, Greeley, and more.

Return to our Colorado felony classes main page, which includes unclassified felonies. Also see our articles on Colorado misdemeanors and Colorado petty offenses.

Note that Colorado no longer permits the death penalty for first-degree murder (CRS 18-3-102) – the maximum punishment is life imprisonment. Also see our articles on DUI, third degree burglary (CRS 18-4-204), child abuse (CRS 18-6-401), drug crimes, and Colorado sex offenses, including sexual assault (CRS 18-3-402).

Legal References

  1. C.R.S. (criminal statute) 18-1.3-401; see also Halaseh v. People, (2020) CO 35, 463 P.3d 249; see also Garcia v. People, (2019) CO 64, 445 P.3d 1065.
  2. CRS 24-72-701 – 708.
  3. CRS 18-1-406.
  4. 8 USC 1227.
  5. CRS 18-12-108; Colorado Constitution, Article IV, § 7.
  6. CRS 16-5-401.

 

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