Colorado Conspiracy Penalties (18-2-206 C.R.S.) (Explained by Denver criminal defense lawyers)

What is the punishment for criminal conspiracy in Colorado?

The penalty for criminal conspiracy in Colorado depends on the punishment for the crime you are conspiring to commit.

Conspiracy to commit a felony is a Colorado felony. Conspiracy to commit a misdemeanor is a Colorado misdemeanor.

The important thing to know is that you can be punished for violating Colorado’s conspiracy laws even if you never commit or attempt to commit the planned crime.

And if you do commit it or attempt it, you can be charged with BOTH conspiracy AND the crime (or attempted crime) you and your co-conspirators plotted. And their testimony can be used against you.

This makes it imperative to retain an experienced Colorado conspiracy lawyer as soon as you are arrested on conspiracy charges.

Our Denver, Colorado criminal defense lawyers have the experience you need to present the best defense to Colorado conspiracy charges. We offer free consultations and easy payment plans.

To help you better understand the consequences of a Colorado conspiracy conviction, we set forth, below, the classes of punishment for Colorado conspiracy charges as follows:

• 1. Penalties for conspiracy to commit a Colorado felony
• 2. Penalties for conspiracy to commit a Colorado drug felony
• 3. Penalties for conspiracy to commit a Colorado misdemeanor or petty offense
• 4. Penalties for conspiracy to commit a Colorado drug misdemeanor
• 5. Mandatory violent crime enhancement

1. Penalties for conspiracy to commit a Colorado felony

Conspiracy to commit a Colorado felony is always a felony. A felony is a serious crime that can be punished by a prison sentence of 1 year or more and/or a fine, usually of not less than $1,000.

Under 18-2-206 (1) C.R.S.:

• Conspiracy to commit a Colorado class 1 felony is a Colorado class 2 felony;
• Conspiracy to commit a class 2 felony is a Colorado class 3 felony;
• Conspiracy to commit a class 3 felony is a Colorado class 4 felony;
• Conspiracy to commit a class 4 felony is a Colorado class 5 felony; and
• Conspiracy to commit a class 5 or 6 felony is a Colorado class 6 felony.

Exception: If a person conspires to commit a felony which is defined by any statute other than one contained in Title 18 (Colorado’s Criminal Code) and for which conspiracy no penalty is specifically provided, he or she is guilty of a class 6 felony.¹

To see the presumptive range of prison sentences and fines applicable to each class of felony, please see our article on Colorado Felony Sentencing.

2. Penalties for conspiracy to commit a Colorado drug felony

Except as otherwise provided by a specific law:

• Conspiracy to commit a Colorado level 1 drug felony is a level 2 drug felony;
• Conspiracy to commit a Colorado level 2 drug felony is a level 3 drug felony;
• Conspiracy to commit a Colorado level 3 drug felony is a level 4 drug felony; and
• Conspiracy to commit a Colorado level 4 drug felony is a level 4 drug felony.²

Conspiracy to commit a Colorado drug felony can be punished by as little as 6 months or as much as 8 years in prison. Our article on Colorado Felony Sentencing sets for the presumptive prison sentences and fines for Colorado drug felonies.

3. Penalties for conspiracy to commit a Colorado misdemeanor or petty offense

Misdemeanors and petty offenses are less serious criminal offenses that can be punished by a fine and/or time in Colorado jail.

• Conspiracy to commit a class 1 misdemeanor is a class 2 misdemeanor;³
• Conspiracy to commit a class 2 misdemeanor is a class 2 misdemeanor;⁴ and
• Conspiracy to commit a petty offense is a crime of the same class as the offense itself.⁵

To learn more about the punishments for these crimes, please see our article on Colorado misdemeanor sentencing.

4. Penalties for conspiracy to commit a Colorado drug misdemeanor

Except as otherwise provided by law, conspiracy to commit a drug misdemeanor, regardless of class, is a level 2 drug misdemeanor.⁶ Starting March 1, 2020, the punishment is:

• Probation of up to 1 year;
• Possibly 120 days in jail; and
• Up to $500

But for a 3rd or subsequent offense, up to 180 days in jail.

5. Mandatory violent crime enhancement

Certain offenses are designated by law as Colorado “crimes of violence.” These are crimes that involve the use of a deadly weapon, result in serious bodily injury or death, or are committed against an “at-risk” defendant (such as someone with a disability).

18-2-201 (4.5) C.R.S. provides:

Conspiracy to commit any crime for which a court is required to sentence a defendant for a crime of violence in accordance with section 18-1.3-406 is itself a crime of violence for the purposes of that section.

Committing or conspiring to commit a crime of violence will subject you to an enhanced prison sentence and mandatory prison time.

To learn more about sentences for violent crimes, please see our article on Colorado “crimes of violence,” 18-1.3-406 C.R.S.

Call us for help…

If you or someone you know has been charged under Colorado’s conspiracy laws, we invite you to contact us for a free consultation.

Our caring Denver criminal defense attorneys understand that there are at least two sides to every story. Our job is to present yours so as to give you the best defense to your Colorado conspiracy charges.

To schedule your free consultation, fill out the form on this page, or call us at:

Colorado Legal Defense Group
4047 Tejon Street
Denver, CO 80211
(303) 222-0330

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