In Colorado, anyone who is convicted of a third serious felony may face higher criminal penalties as a habitual offender. Also called the three strikes law, a third felony conviction can result in up to 4 times as long in jail or life in prison. Even if the defendant is charged with a third class 5 felony in five years, they can face up to 3 times as long in jail. In this article, our Colorado criminal defense lawyers will address:
- 1. What is a habitual offender in Colorado?
- 2. Three Strikes Law in Colorado?
- 3. What are habitual offender crimes?
- 4. How do prosecutors show evidence of former convictions?
- 5. Habitual Offender Status After Sentencing
- 6. Related Topics
Under Colorado law, a “habitual offender” is a person charged with a serious felony who has been convicted of two prior felonies. This is also known as the Three Strikes law. After two serious felony convictions, a third felony conviction could result in life in prison, much higher than the normal maximum sentence for the same crime.
A person is a habitual criminal and shall be punished by a term of life imprisonment if the person is convicted of:
- Any class 1 or 2 felony, level 1 drug felony, or class 3 felony that is a crime of violence; and
- Has been twice convicted previously for any of the above offenses.1
A conviction for a third felony (class 1 or class 2 felony, level 1 drug felony, or class 3 felony crime of violence) is punishable by a term of four times the maximum presumptive range for the felony of which the person is convicted.2
Anyone who has been previously convicted of a class 1-5 felony or level 1-3 drug felony may also be considered a habitual offender if they are convicted of a 3rd felony within 10 years.3
A conviction for a 3rd felony (class 1-5 felony or level 1-3 drug felony) within 10 years is punishable by a term of three times the maximum presumptive range for the felony of which a person is convicted.4
Under C.R.S. 18-1.3-801, offenses that qualify for the three strikes law include class 3 felony crimes of violence, level 1 drug felonies, or any class 1 or class 2 felony. This includes crimes prosecuted in Colorado, other states, or federal offenses.5
Examples of three strikes crimes include:
Class 1 Felonies
- Child abuse
- Assault during escape
Class 2 Felonies
- Second-degree murder
- Second-degree kidnapping
- Sexual assault
- Human trafficking
Class 3 Felony Crimes of Violence
- First or second-degree assault
- Aggravated robbery
- First-degree arson
- First degree
- Sex offense causing bodily injury
- Use of a deadly weapon
Level 1 Drug Felonies
- Distribution or sale of more than 225 grams of cocaine, heroin, LSD, methamphetamine, Fentanyl, OxyContin, or other schedule I or schedule II drugs
- Sale of more than 2 ½ pounds of marijuana to a minor
- Sale or distribution of schedule I or schedule II drugs to a minor
A duly authenticated copy of the record of former convictions and judgments of any court of record for any of said crimes against the party indicted or informed against is used as prima facie evidence of such convictions and may be used in evidence against such party. Evidence of prior convictions may include identification photographs and fingerprints and shall be prima facie evidence of the identity of such party and may be used in evidence against him or her.6
If the prosecutor does not have evidence of prior three-strikes convictions, or the defendant has not yet been sentenced for a prior offense, the defendant may still face enhanced sentencing. The prosecutor may file separate counts that the defendant has been convicted of an offense upon which judgment has not been entered and that the defendant has been previously convicted of a felony warranting application of increased penalties.
The defendant may then be arraigned upon the new information and if the defendant denies the previous conviction, the trial judge shall try the issue prior to imposition of sentence.7
Class 1 felonies are the most serious category of Colorado felonies, and they carry the harshest punishment. Examples of Colorado class 1 felonies include first-degree-murder, first-degree kidnapping, assault during an escape, and treason. The minimum sentence for a class 1 felony is life in prison. The maximum sentence for a class 1 felony is death.
Class 2 felonies are the most second most serious category of Colorado felonies. Some class 2 felonies include first-degree kidnapping, sexual assault, and human trafficking of a child. The penalties for a class 2 felony include 8 to 24 years in prison and a fine of up to $1 million.
Level 1 felonies are the most serious category of Colorado drug felonies. Examples of level 1 drug felonies in Colorado include selling large amounts of cocaine, selling more than 50 pounds of marijuana, or selling more than 2 ½ pounds of marijuana to a minor. The penalties for a level 1 drug felony conviction include up to 32 years in prison and a fine of up to $1 million.
A conviction for a crime of violence in Colorado will include enhanced prison sentencing. The maximum penalties for crimes of violence will be doubled. A class 3 felony crime of violence may include first-degree assault, second-degree murder, or aggravated robbery. The maximum penalty for a class 3 felony crime of violence is 16 years in prison and a fine of up to $750,000.
Call us for help...
If you are facing a third or subsequent felony crime, contact us at Colorado Legal Defense Group.
In California? See our article about the Three Strikes Law (PC 667).
In Nevada? See our article on habitual criminals (NRS 207.010; NRS 207.012; NRS 207.014).
- C.R.S. 18-1.3-801(1)(a)
- C.R.S. 18-1.3-801(2)(a)(I)
- C.R.S. 18-1.3-801(1.5)
- C.R.S. 18-1.3-801(1.5)(a)
- C.R.S. 18-1.3-801(1)(b)
- C.R.S. 18-1.3-802
- C.R.S. 18-1.3-803(6)