Class 4 Felony Crimes in Colorado – Definition & Penalties

• 1. Class 4 Felonies Defined
• 2. Sentencing
• 3. Examples
• 4. Records Seals
• 5. Jury Trial
• 6. Deportation
• 7. Gun Rights
• 8. Statute of Limitations

1. Class 4 Felonies Defined

Class 4 felonies are the fourth most serious category of Colorado criminal offenses. They have more lenient penalties than class 3 felonies and harsher penalties than class 5 felonies.

2. Sentencing

The presumptive punishment for class 4 felony crimes is two to six years in Colorado State Prison and/or $2,000 to $500,000 in fines. The mandatory parole period is three years.

Note that the sentence can vary depending on how the felony offense is prosecuted. For instance, extraordinary risk class 4 felonies present a high probability of harm to society and carry

• a two-to-eight-year prison sentence and/or
• $2,000 to $500,000 in fines.

Colorado class 4 felony	Sentence range
Presumptive	2 – 6 years in prison, and/or $2,000 – $500,000 3 years of mandatory parole
Extraordinary risk	2– 8 years in prison, and/or $2,000 – $500,000 3 years of mandatory parole
Enhanced	2 – 12 years in prison, and/or $2,000 – $500,000 3 years of mandatory parole
Aggravated	4 – 12 years in prison, and/or $2,000 – $500,000 3 years of mandatory parole
Exceptional circumstances	1 – 12 years in prison, and/or $2,000 – $500,000 3 years of mandatory parole
Aggravated & extraordinary risk (most crimes of violence)	5 – 16 years in prison, and/or $2,000 – $500,000 3 years of mandatory parole
Enhanced & extraordinary risk	2 – 16 years in prison, and/or $2,000 – $500,000 3 years of mandatory parole
Exceptional circumstances & extraordinary risk	1 – 16 years in prison, and/or $2,000 – $500,000 3 years of mandatory parole

Courts must impose prison if the defendant has two prior felony convictions.¹

Learn more in our article Colorado felony sentencing guidelines.

3. Examples

Ten common class 4 felonies in Colorado include the following unlawful acts:

1. Criminal attempt to commit a class 3 felony (CRS 18-2-101)
2. Conspiracy to commit a class 3 felony (CRS 18-2-201)
3. Vehicular homicide (CRS 18-3-106), if the defendant operates the car in a reckless manner, which proximately caused the death of another
4. Violating a custody order or order relating to parental responsibilities (CRS 18-6-803.5)
5. Vehicular assault (CRS 18-3-205)
6. Third-degree burglary (CRS 18-4-204)
7. Identity theft (CRS 18-5-902)
8. Theft of property (CRS 18-4-401), worth $20,000 to less than $100,000
9. Second-degree criminal trespass (CRS 18-4-503)
10. Class 4 felony assault

Common examples of class 4 felonies with extraordinary risk in Colorado include these serious crimes:

• Criminal extortion (CRS 18-3-207)
• Second-degree kidnapping (CRS 18-3-301 & 302), if the victim is not the victim of a sex offense or robbery, if no deadly weapon or threats thereof were used, and there was no intent to trade the victim for something of value
• Second-degree assault (CRS 18-3-203), if there is no heat of passion
• Enticement of a child (CRS 18-3-305), if there is no bodily injury to the child, and if the defendant has no previous conviction for enticement or sexual assault of a child or for conspiracy or attempt thereof

See the state government’s official list of Colorado class 4 felonies.

4. Record Seals

In Colorado, most class 4 felony convictions are sealable three years after the case closes. But there is no waiting period if the criminal charge gets dismissed.

Note that felony convictions for sex crimes, DUIs, or domestic violence can never be sealed.²

Learn how to seal Colorado criminal records.

5. Jury Trials

Yes. Defendants facing class 4 felony charges in Colorado can elect to have a jury trial by twelve jurors. With the judge’s okay, the defendant can instead have a smaller jury of at least six jurors or else a bench trial (with no jury at all).³

6. Deportation

Certain class 4 felonies can be deportable, especially if they involve guns, violence, and/or controlled substances. Learn more about the criminal defense of immigrants in Colorado.⁴

7. Gun Rights

Yes. Convicted felons cannot own or carry firearms in Colorado. The only way to get firearm rights restored is through a Governor’s Pardon.⁵

8. Statute of Limitations

In most cases, the district attorney has three years after the class 4 felony allegedly occurs to press charges. But if the charge involves fraud or theft, the clock usually does not begin running until after the offense is discovered. And if the defendant is outside of Colorado, the statute of limitations pauses (tolls) for up to five years.⁶

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Legal References