“Extraordinary Risk Crimes” in Colorado – Law & Penalties

Under Colorado law, an extraordinary risk crime is a crime that represents a substantial risk of harm to society. If convicted of this kind of offense, the individual charged with the crime (the defendant) will face more severe sentencing.

Below, our Colorado criminal defense lawyers discuss the following frequently asked questions about extraordinary risk crimes for Colorado residents:

• 1. What is an extraordinary risk crime?
• 2. What felonies are in this category?
• 3. What misdemeanors are in this category?
• 4. What are the best defense strategies?

1. What is an extraordinary risk crime?

An extraordinary risk crime is a crime that represents a substantial risk of harm to society under Colorado law. These crimes are thought to inflict an extra risk to:

• human health;
• the safety of Colorado residents; and
• life.

If convicted of this kind of offense, the individual charged with the crime (the defendant) faces harsher sentencing. These crimes are listed specifically under Colorado statutes for enhanced punishment.¹

2. What felonies are in this category?

Ten types of felonies have been labeled as extraordinary risk crimes in Colorado.

1. Aggravated robbery, as defined in section 18-4-302
2. Child abuse, as defined in section 18-6-401
3. Unlawful distribution, manufacturing, dispensing, sale, or possession of a controlled substance with the intent to sell, distribute, manufacture, or dispense, as defined in section 18-18-405
4. Any crime of violence, as defined in section 18-1.3-406
5. Stalking, as described in section 18-9-111(4), as it existed prior to August 11, 2010, or section 18-3-602
6. Sale or distribution of materials to manufacture controlled substances, as described in section 18-18-412.7
7. Felony invasion of privacy for sexual gratification, as described in section 18-3-405.6
8. A class 3 felony offense of human trafficking for involuntary servitude, as described in section 18-3-503
9. A class 3 felony offense of human trafficking for sexual servitude, as described in section 18-3-504
10. Assault in the 2nd degree, as described in section 18-3-203(1)(i).²

What is a felony?

Felony crimes are the most serious offenses with which you can be charged. They are more serious than misdemeanors and petty offenses.

Felonies are divided into six basic classes:

• Class 1 felony in Colorado
• Class 2 felony in Colorado
• Class 3 felony in Colorado
• Class 4 felony in Colorado
• Class 5 felony in Colorado, and
• Class 6 felony in Colorado.

Certain felonies are unclassified with the specific punishment outlined in the statute for that crime.

What is the felony sentencing range?

As stated above, each class of felony has a standard range of sentencing options. If the defendant is convicted of an extraordinary risk crime, the range for the class of felony increases.

Note that sentencing ranges in Class 1 or Class 2 felonies are unchanged by the extraordinary risk crime designation.

The chart below shows both the standard sentencing ranges for felonies and the increased penalty set forth for extraordinary risk crimes in that same class. ³

Felony Class	Normal Sentencing Range	Extraordinary Risk Crime Sentencing Range
Class 1	Life imprisonment	Life imprisonment
Class 2	8 – 24 years	8 – 24 years
Class 3	4 – 12 years	4 – 16 years
Class 4	2 – 6 years	2 – 8 years
Class 5	1 – 3 years	1 -2 years
Class 6	1 year – 18 months	1 year – 2 years

Example of Sentencing Differences for Felonies

Example: Sam is charged with and later convicted of aggravated robbery. Colorado law states that aggravated robbery is a Class 3 felony and is also an extraordinary risk crime. Normally, Sam could be sentenced with 4 – 12 years in prison under typical Class 3 felony rules. However, because his charge is an extraordinary risk crime, his maximum sentence increases to a possible 16 years in prison.

3. What misdemeanors are in this category?

5 types of misdemeanors identified as extraordinary risk crimes in Colorado include:

1. Assault in the third degree, as defined in CRS 18-3-204
2. Second and all subsequent violations of a protective order as defined in CRS 18-6-803.5.
3. Misdemeanor failure to register as a sex offender, as described in CRS 18-3-412.5
4. Misdemeanor invasion of privacy for sexual gratification, as described in CRS 18-3-405.6
5. False reporting of an emergency, as described in CRS 18-8-111. ⁴

What is a misdemeanor?

Misdemeanor crimes are offenses deemed less serious than felonies but more serious than petty offenses in Colorado.

Regular misdemeanor offenses are classified as follows:

• class 1 misdemeanors in Colorado and
• class 2 misdemeanors in Colorado.

What is the misdemeanor sentencing range?

Each misdemeanor class has a sentencing range associated with it. An extraordinary risk crime increases the class penalty range by an additional 6 months. ⁵

The following sentencing chart shows the misdemeanor sentencing ranges and the applicable extraordinary risk increased range.

Misdemeanor class	Colorado penalties
Extraordinary crime class 1 misdemeanor	Up to 18 months in jail, and/or Up to $1,000 in fines
Class 1 misdemeanor	Up to 364 days in jail, and/or Up to $1,000 in fines
Class 2 misdemeanor	Up to 120 days in jail, and/or Up to $750 in fines

Example of Sentencing Differences for Misdemeanors

Example: Marie is convicted of 3rd degree assault. Under Colorado law, this crime is a class 1 misdemeanor and is also an extraordinary risk crime. Normally, she would face up to 364 days in jail. However, because her charge is subject to the enhanced penalty, her maximum term increases to a possible 18 months in jail.

4. What are the best defense strategies?

If you have been charged with an extraordinary risk crime, you face steep punishments greater than other crimes in the same classification.

To avoid these harsher penalties, you should contact an experienced criminal law attorney as soon as possible.

How can I defend against extraordinary risk crime charges?

In many cases, extraordinary risk crimes are overcharged. A less severe crime may more appropriately define the alleged conduct.

When this happens, a criminal defense attorney can:

• challenge the evidence as insufficient for the charge;
• file motions to exclude evidence improperly obtained;
• negotiate a plea agreement that reduces the charges;
• present defenses for a finding of not guilty, such as self-defense; and
• present reasonable doubt to the jury in order to show you are not guilty.

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