Class 5 Felony Crimes in Colorado – Laws & Penalties

Class 5 felonies in Colorado generally carry one to three years in state prison (plus two years of parole) and/or fines of $1,000 to $100,000.

In our experience, it is often possible to get a class 5 felony reduced to a misdemeanor or dismissed altogether. It may also be possible to do probation instead of prison.

Class 5 felonies are the second least serious category of Colorado felony offenses. Colorado law divides felonies into six categories, from class 1 (the most serious) to class 6 (the least serious).

In this article, our Denver criminal defense attorneys will address the following key topics regarding class 5 felonies in Colorado:

• 1. Penalties
• 2. Common Crimes
• 3. Jury Trials
• 4. Statute of Limitations
• 5. Immigration Consequences
• 6. Gun Rights
• 7. Record Seals
• Frequently Asked Questions
• Additional Resources

1. Penalties

As stated above, Colorado’s presumptive penalties for class 5 felonies include one to three years in state prison (plus two years of parole) and/or a fine of $1,000 to $100,000.

However, the prison range can be laxer or harsher depending on how Colorado law classifies the class 5 felony. For instance, your sentence can be harsher if the class 5 felony is either:

• enhanced, which means you have prior felony convictions; and/or
• aggravated, which means specific circumstances of the crime cast you in a more blameworthy light; and/or
• extraordinary risk, which means the crime is serious and presents a high probability of harm to society.

The following table outlines all the possible sentencing ranges.

Note if you have at least two prior felony convictions, you may face Colorado’s habitual offender rules. In many cases, this can require a prison sentence and take probation off the table.¹

Learn more in our article Colorado felony sentencing guidelines.

2. Common Crimes

Examples of class 5 felonies in Colorado include:

1. Conspiracy (C.R.S. 18-2-201) to commit a class 4 felony
2. Criminal attempt (C.R.S. 18-2-101) to commit a class 4 felony
3. Criminal negligence (C.R.S. 18-6.5-103) (causing serious bodily injury to an at-risk adult or juvenile)
4. Criminal solicitation (C.R.S. 18-2-301) (attempting to persuade another to commit a class 4 felony)
5. Criminally negligent homicide (C.R.S. 18-3-105)
6. Disarming a peace officer / law enforcement (C.R.S. 18-8-116)
7. Failure to register as a sex offender (C.R.S. 18-3-412.5) (second or subsequent offense)
8. False imprisonment (C.R.S. 18-3-303) (using or threatening force, and confining the victim for 12 hours or longer)
9. First-degree criminal trespass (C.R.S. 18-4-502)
10. Inciting a riot (C.R.S. 18-9-102) (causing injury or property damage)
11. Menacing (C.R.S. 18-3-206) (with a deadly weapon)
12. Motor vehicle theft (C.R.S. 18-4-409) (third-degree)
13. Nonsupport of spouse or children (C.R.S. 14-6-101)
14. Possession of burglary tools (C.R.S. 18-4-205) (when you knowingly possess the tools to break into a residence to steal)
15. Theft of property (C.R.S. 18-4-401) (where the property is worth at least $5,000 but less than $20,000)
16. Third-degree burglary (C.R.S. 18-4-204) (if the stolen goods are not controlled substances lawfully kept on the property that was burglarized)
17. Vehicular assault (C.R.S. 18-3-205) (through recklessness)
18. Vehicular eluding (C.R.S. 18-9-116.5) (with no injuries)
19. Violation of a custody order (C.R.S. 18-3-304)

Examples of extraordinary risk class 5 felonies in Colorado include:

• Attempt to escape (C.R.S. 18-8-208.1) (from a community corrections facility or intensive supervision parole program)
• Child abuse (C.R.S. 18-6-401) (certain second or subsequent offenses with no death or serious bodily injury)
• First-degree assault (C.R.S. 18-3-202) (committed in the heat of passion)
• Internet luring of a child (C.R.S. 18-3-306) (if there is no intent to meet for sexual exploitation or contact)
• Stalking (C.R.S. 18-3-602) (for the first offense in seven years, and if the defendant was not under a judicial order prohibiting stalking)
• Second-degree unlawful termination of a pregnancy (C.R.S. 18-3.5-104) (if done in the “heat of passion”)

People charged with class 5 felonies may choose to have a jury trial.

3. Jury Trials

If you are charged with a class 5 felony in Colorado, you are entitled to a jury trial with 12 jurors. With the court’s approval, you can choose to have a smaller jury of at least six people or a bench trial with just the judge and no jury.²

4. Statute of Limitations

Colorado prosecutors usually have three years after the alleged commission of a class 5 felony to press charges. However, for theft- or fraud-related class 5 felony charges, the three-year clock typically does not start until after the theft or fraud is discovered.

Note that if the criminal suspect is not in Colorado, the statute of limitations tolls (pauses) for no more than five years.³

5. Immigration Consequences

In Colorado, serious class 5 felonies involving violence, firearms, controlled substances, or carrying long prison sentences can be deportable.⁴ Learn more about the criminal defense of immigrants in Colorado.

Most class 5 felonies carry 1 to 3 years in prison and/or $1,000 to $100,000 in fines.

6. Gun Rights

If you are convicted of a class 5 felony in Colorado, you may not possess or own firearms. However, firearm rights can be restored through a Governor’s Pardon.⁵

7. Record Seals

Most Colorado convictions for class 5 felonies can be sealed from your criminal record three years after the case ends. If the charge is dismissed, you can then pursue a record seal immediately.

If you do not file a petition, the state should automatically seal eligible class 5 felony convictions 10 years after the case closes so long as you have no new disqualifying convictions.⁶

Note that felony convictions for sex offenses, DUIs, or domestic violence can never be sealed.⁷ Learn more about Colorado criminal record sealing.

Class 5 felony convictions are generally sealable three years after the case ends.

Frequently Asked Questions

Can I avoid prison time if I am convicted of a Class 5 felony in Colorado?

Yes, it may be possible to receive probation instead of prison for a Class 5 felony. However, if you have at least two prior felony convictions, Colorado’s habitual offender rules may require prison time and remove probation as an option. The possibility of probation depends on your criminal history and the specific circumstances of your case.

What makes a Class 5 felony “enhanced” or “aggravated” and how does this affect my sentence?

A Class 5 felony becomes “enhanced” if you have prior felony convictions, and “aggravated” if specific circumstances make the crime more serious. Enhanced felonies can carry 1 to 6 years in prison instead of the usual 1 to 3 years. Aggravated felonies carry 2 to 6 years. If your felony is both aggravated and extraordinary risk, you could face 2.5 to 8 years in prison.

How long do I have to wait to seal my Class 5 felony conviction from my record?

Most Class 5 felony convictions can be sealed 3 years after your case ends if you file a petition. If you don’t file, the state should automatically seal eligible convictions after 10 years. However, felony convictions for sex offenses, DUIs, or domestic violence can never be sealed. If your charge was dismissed, you can pursue sealing immediately.

Will a Class 5 felony conviction affect my gun rights or immigration status?

Yes, a Class 5 felony conviction will prevent you from owning or possessing firearms, though gun rights can be restored through a Governor’s Pardon. For immigration, serious Class 5 felonies involving violence, firearms, drugs, or long prison sentences can lead to deportation. The specific impact depends on the nature of your conviction and your immigration status.

Additional Resources

For more information, refer to the following:

1. Colorado Department of Corrections (CDOC): The state prison and parole system.
2. Colorado Innocence Project: Organization that works to exonerate wrongfully convicted individuals in Colorado.
3. Reentry Services: Colorado program to help inmates reintegrate into society, run through the CDOC.
4. Youth Violence Prevention: The Colorado Department of Public Health and Environment’s initiative focused on keeping youth out of custody.
5. Colorado Criminal Justice Reform Coalition (CCJRC): Organization that focuses on criminal justice reform and policy.

Legal References