What are level 4 drug felonies in Colorado?
Colorado law divides drug felonies into four categories, from level 1 to level 4. Level 4 felonies are the least serious category of Colorado drug felonies. Common examples of level 4 drug felonies in Colorado include:
- The Colorado crime of attempting to commit a level 3 drug felony
- The Colorado crime of selling controlled substances (if it no more than 4 grams and contains a drug listed in schedule III or schedule IV of Part 2 of Article 18 of Title 18)
- The Colorado crime of possessing a controlled substance (that contains any quantity of flunitrazepam, ketamine, or a controlled substance listed in schedule I or II of Part 2 of Article 18 of Title 18)
See the official list of Colorado level 4 drug felonies.
What are level 4 drug felony penalties in Colorado?
There are two sentencing ranges: "presumptive" and "aggravated." Presumptive is the default punishment. But the judge may hand down a harsher sentence instead if there are "aggravating factors," such as if the defendant was:
- on parole,
- on probation or bond for another felony,
- in confinement for a felony,
- an escapee from confinement for a felony
Presumptive level 4 drug felony penalties
- 6 months to 1 year imprisonment, and/or
- $1,000 to $100,000 in fines
There is also a mandatory parole period of 1 year.
Aggravated level 4 drug felony penalties
- 1 to 2 years imprisonment, and/or
- $1,000 to $100,000 fine
There is also a mandatory parole period of 1 year.
Other level 4 drug felony facts in Colorado
People charged with a level 4 drug felony in Colorado have the right to a jury trial of twelve jurors. (With the court's approval, the defendant can choose to have a bench trial--with only a judge--or a smaller jury of no less than six people.) Depending on the defendant's specific drug charge, the defendant might be able to get the case sealed from his/her criminal record.
Several level 4 drug felonies may be deportable offenses or crimes involving moral turpitude. For this reason, non-citizens charged with level 4 drug felonies should consult with attorneys about how to try to avoid deportation.
Arrested in Colorado? Call us . . . .
Our Denver Criminal Defense Attorneys are available to try to negotiate a drug charge reduction or dismissal, or, if you want, to take it all the way to a jury or judge. Call us at (303)222-0330 for a free strategy session about what we can do to help your drug case and keep you from getting a criminal record.
- Return to our Colorado drug crimes main page
