Colorado’s Habitual Criminal Charge – Serious Violent Felonies

What is “three strikes” law

Colorado’s Habitual Criminal Charge sometimes called the repeat offender charge or “three strikes” law is sentencing provisions that seek to punish persons who have repeated felony convictions.  Each felony conviction must be separately brought and tried and arises from a separate and distinct set of facts.  The provisions increase incarceration time based on the number of previous felony convictions and the serious or violent nature of the underlying charge.  This means if the underlying charge has a maximum amount of time it could be enhanced by the habitual criminal statutes.

Habitual Criminal Charge does not apply to all prior felony convictions.  It typically does not apply to drug convictions and class 6 felony convictions.  If you or a loved one are accused of a crime or have been arrested, but not yet charged, you need an experienced Denver based criminal defense attorney who could properly advise you on your unique situation.  Don’t rely on secondhand information, contact us for a confidential consultation today.

Convicted of a class 1 to 5 felony AND

2 previous class 1 to 5 felony convictions-             adds 3 times the maximum presumptive range for the class of felony

3 previous class 1 to 5 felony convictions –            adds 4 times the maximum presumptive range for the class of felony

Life Imprisonment

Convicted of a class 1 or 2 felony or a class 3 felony that is a crime of violence AND have suffered 2 prior class 1 or 2 felony convictions or a class 3 felony that is a crime of violence you could face life imprisonment. This is considered a serious violent felonies.

Habitual Criminal designation can be complex and to determine the effect it may have, you must understand the presumptive range for a specific charge.  If you or a loved one have been designated as a habitual criminal- please contact us.