Violent Crimes
New data from the Colorado Bureau of Investigation has revealed there’s been a shocking increase in violent crimes in the state. This new information has forced law enforcement to focus a vast amount of their time and resources on these types of cases. Everyday law enforcement agencies set up or recruit new members for their violent crimes unit so they can become even more efficient at arresting offenders.
In an effort to deter violent crime, the state of Colorado has imposed harsh penalties upon conviction. No matter the offense, you will face a felony if you’re charged with a violent crime. You will have to endure a mandatory sentence and spend months or even years in prison. With so much at stake, it’s advised you seek legal representation if you or someone you know has been arrested for a violent crime in Colorado.
Violent Crime Denver Defense Lawyer, CO
Your number one priority is to hire an experienced Denver attorney if you’ve been accused of a violent crime. The likelihood of being granted probation or a reduced sentence without legal representation isn’t very high. That is why we highly recommend you do everything you can to fight your accusations by hiring an experienced Denver violent crimes attorney with Denvers Defense Attorney.
Criminal defense attorney Matthew Martin can utilize his 22 years of complex trial experience for your case. His extensive practice and knowledge mean he can not only advise you, but zealously fight for your rights. Set up your first consultation with Denvers Defense Attorney by calling our offices at 303.725.0017. Denvers Defense Attorney accepts clients throughout the greater Denver metropolitan area including surrounding counties such as Boulder County, Douglas County, Broomfield County, Arapahoe County, Adams County, and Jefferson County.
Overview of Violent Crimes in Denver, Colorado
- What Qualifies as a Violent Crime?
- Types of Violent Crimes in Colorado
- Aggravating Factors for Violent Crimes in Colorado
- What is the Punishment for Violent Crime in Colorado?
- Can Violent Crimes Be Sealed in Colorado?
- Frequently Asked Questions
- Additional Resources
What Qualifies as a Violent Crime?
Crimes where someone is harmed or was threatened, they would be harmed is considered a violent offense under Colorado law. These offenses are considered some of the more serious types of crime under Colorado law and often carry lengthy prison sentences. They can include a wide variety of offenses including murder, attempted murder, kidnapping, or child abuse.
Litigating a violent crimes case can be incredibly complex, especially if your attorney isn’t familiar with violent crime cases. The evidence in these types of cases usually include modern-day uses of DNA, autopsies, digital evidence, and forensic firearms evidence. Plus, it can be difficult to sway a jury when the prosecutor is flashing graphic photos of the crime or the victim’s injuries. Because of these reasons, it’s important you are represented by an attorney with diverse trial experience, especially in violent crime cases.
Types of Violent Crimes in Colorado
Assault – Assault generally involves unlawfully causing bodily injury or serious bodily injury to another person. Colorado recognizes first-, second-, and third-degree assault, with the charge depending on factors such as the severity of the injury, the accused person’s mental state, whether a deadly weapon was used, and whether the victim was a peace officer, firefighter, emergency medical provider, or another protected worker. Assault can range from a class 1 misdemeanor to a class 3 felony, and certain felony assaults may also be sentenced as crimes of violence.
Child Abuse – Child abuse occurs when a person causes injury to a child, permits a child to be unreasonably placed in a dangerous situation, engages in a continued pattern of malnourishment or cruel punishment, or fails to provide proper food, clothing, shelter, medical care, or supervision. The charge can range from a misdemeanor to a serious felony depending on whether the conduct was knowing, reckless, or criminally negligent and whether it caused injury or death.
Kidnapping– Kidnapping involves unlawfully seizing, confining, imprisoning, transporting, or otherwise taking control of another person by force, threats, enticement, or deception. Colorado distinguishes between first- and second-degree kidnapping. First-degree kidnapping generally involves forcing a person to make a concession or give up something of value in exchange for release, while second-degree kidnapping generally involves knowingly taking or moving another person without lawful justification or consent. The most serious cases can carry decades in prison or, in limited circumstances, life imprisonment.
Stalking – Stalking occurs when a person makes a credible threat and repeatedly follows, approaches, contacts, surveils, or communicates with another person or someone connected to that person. It can also involve repeatedly following, contacting, or monitoring someone in a way that causes serious emotional distress, even without an explicit threat. Stalking is a felony and is treated as an extraordinary-risk crime under Colorado law, with greater penalties possible for repeat offenses or violations of protective orders.
Manslaughter – A person commits manslaughter in Colorado by recklessly causing another person’s death. It may also apply when someone intentionally causes or assists another person to die by suicide, except under circumstances permitted by Colorado’s medical-aid-in-dying law. Manslaughter is a class 4 felony. Unlike criminally negligent homicide, manslaughter requires proof that the accused consciously disregarded a substantial and unjustifiable risk that death would occur.
Murder – Murder involves unlawfully causing another person’s death under circumstances demonstrating the mental state required by Colorado law. First-degree murder can involve intentionally causing a death after deliberation, killing certain protected individuals performing official duties, or causing a death through conduct showing an extreme indifference to human life. Second-degree murder generally involves knowingly causing another person’s death or causing a death while committing or attempting certain serious felonies. Murder charges carry some of the most severe penalties available under Colorado law.
Second-Degree Murder – A person commits second-degree murder in Colorado by knowingly causing another person’s death. The charge can also apply when someone dies during the commission or attempted commission of certain felonies, including robbery, arson, burglary, kidnapping, sexual assault, or felony escape. Second-degree murder is generally a class 2 felony, although a killing committed in a legally recognized sudden heat of passion may be reduced to a class 3 felony.
Human Trafficking – In Colorado, human trafficking is defined as the recruitment, harboring, transportation, or obtaining of a person for the purposes of forced labor, involuntary servitude, or sexual exploitation. Human trafficking is a class 2 felony and can result in up to 24 years in prison and fines of up to $1,000,000 upon conviction.
Racketeering – In Colorado, racketeering is defined as participating in or conspiring to engage in an enterprise through a pattern of criminal activity such as fraud, theft, or drug distribution, under the Colorado Organized Crime Control Act (COCCA). Racketeering is a class 2 felony and carries penalties of up to 24 years in prison and fines of up to $1,000,000 upon conviction.
Escaping from Police Custody – In Colorado, escape is defined as knowingly departing from lawful custody or confinement without permission, including fleeing after arrest, leaving jail or prison, or failing to return from work release. Escape is typically charged as a felony, with penalties ranging from a class 2 misdemeanor (for minor cases) up to a class 3 felony, punishable by up to 12 years in prison and fines of up to $750,000.
Disarming a Peace Officer – Knowingly and without justification or consent removing a firearm, stun device, or similar defensive device from a peace officer who is acting under official authority is disarming a peace officer in Colorado. The severity of the charge can increase when the conduct causes bodily injury or involves using the weapon against the officer.
Menacing – Knowingly using a threat or physical action to place, or attempt to place, another person in fear of imminent serious bodily injury is menacing in Colorado. Menacing is generally a class 1 misdemeanor but becomes a class 5 felony when it involves a firearm, knife, bludgeon, or a simulated version of one of those weapons.
Robbery – Knowingly taking money or another thing of value from a person, or from the person’s immediate presence, by using force, threats, or intimidation is robbery in Colorado. Unlike ordinary theft, robbery involves a direct confrontation or threat against the victim and is classified as a class 4 felony.
Aggravated Robbery – Robbery may be elevated to aggravated robbery when the accused is armed with a deadly weapon, knowingly wounds or strikes another person, uses force or intimidation with a deadly weapon, or represents that they are armed during the robbery or immediate flight afterward. Aggravated robbery is a class 3 felony and can carry enhanced sentencing consequences as a crime of violence.
Arson – Arson involves knowingly setting fire to, burning, or using an explosive to damage another person’s building, occupied structure, or property without consent. Colorado recognizes multiple degrees of arson, and the charge can range from a misdemeanor to a serious felony depending on the type and value of the property, whether the structure was occupied, and whether anyone was placed in danger. First-degree arson is a class 3 felony when it involves an occupied structure and a class 4 felony when it involves a building.
Terroristic Threats – Threatening violence may instead lead to charges such as menacing, criminal extortion, false reporting of explosives, inciting destruction of life or property, or other offenses depending on what was threatened, how the threat was communicated, and whether it caused fear, evacuation, or a law-enforcement response.
Elder Abuse – Colorado generally addresses elder abuse through its laws protecting at-risk persons. Abuse may include intentionally or recklessly causing bodily injury, unreasonable confinement, caretaker neglect, sexual abuse, or financial exploitation of an at-risk elder. The criminal classification depends on the conduct, the harm caused, and the underlying offense, but crimes against at-risk persons can carry more severe penalties than similar conduct against other victims.
Aggravating Factors for Violent Crimes in Colorado
Certain circumstances can increase the severity of a violent-crime charge or result in a harsher sentence under Colorado law. Common aggravating factors include using or threatening to use a firearm or another deadly weapon, causing serious bodily injury or death, targeting a child, older adult, at-risk person, peace officer, emergency responder, or other protected victim, and committing the offense while on probation, parole, bond, or escape status. A prior criminal record—especially previous violent felony convictions—can also significantly increase sentencing exposure.
Other aggravating circumstances may include planning the attack in advance, acting with extreme indifference to human life, committing the offense with multiple participants, restraining or moving the victim, violating a protection order, committing domestic violence, or attempting to intimidate the victim or witnesses afterward. Some offenses involving deadly weapons or serious injury are classified as crimes of violence, which can require enhanced prison sentences. Multiple violent offenses from the same incident may also lead to consecutive sentences, particularly when a firearm or explosive was involved or the conduct caused serious injury or death.
What is the Punishment for Violent Crime in Colorado?
Penalties for violent crimes in Colorado depend on the specific offense, its felony or misdemeanor classification, the harm caused, the defendant’s criminal history, and whether the offense qualifies as a statutory crime of violence. Possible consequences include jail or prison, mandatory parole, fines, probation, restitution, protective orders, firearm restrictions, and a permanent criminal record.
For felonies committed on or after July 1, 2020, Colorado’s ordinary presumptive prison ranges generally include one year to 18 months for a class 6 felony, one to three years for a class 5 felony, two to six years for a class 4 felony, four to 12 years for a class 3 felony, and eight to 24 years for a class 2 felony. A class 1 felony is punishable by life imprisonment. Most felony convictions also carry a mandatory period of parole after release.
A conviction classified as a crime of violence can carry substantially harsher mandatory sentencing. This designation commonly applies when the defendant used, possessed, or threatened the use of a deadly weapon, caused serious bodily injury or death, or committed certain designated offenses such as aggravated robbery, kidnapping, murder, or serious assault. The court generally must impose a prison sentence of at least the midpoint of the ordinary presumptive range and may impose as much as twice the normal maximum. That sentence ordinarily cannot be suspended, except through limited statutory procedures involving unusual and extenuating circumstances.
For example, a class 3 felony ordinarily carries four to 12 years in prison, but a class 3 crime of violence can generally carry eight to 24 years. A class 2 crime of violence can generally carry 16 to 48 years, while certain offenses have their own special sentencing rules. Some sexual offenses may carry indeterminate sentences extending up to natural life, and first-degree murder may result in life imprisonment without parole.
Additional penalties may apply when the crime involves multiple victims, consecutive offenses, a protected victim, a domestic-violence designation, violation of a protection order, or the use of a firearm. Colorado law can also require sentences to run consecutively in certain cases involving separate crimes of violence. A conviction may further result in restitution for medical expenses, lost income, property damage, funeral costs, counseling, and other losses directly caused by the offense.
Can Violent Crimes Be Sealed in Colorado?
Many violent-crime convictions cannot be sealed under Colorado law. A conviction is generally ineligible when it was sentenced as a statutory crime of violence, an extraordinary-risk crime, a felony listed under the Colorado Victim Rights Act, a class 1, class 2, or class 3 felony, or an offense involving unlawful sexual behavior or domestic violence. These restrictions commonly prevent the sealing of convictions for crimes such as murder, aggravated robbery, serious assault, kidnapping, stalking, and other violent felonies.
A violent-crime case may still be eligible for sealing when it did not result in a conviction, such as when the charges were dismissed, the defendant was acquitted, or prosecutors declined to file charges. A dismissed case may nevertheless remain ineligible in certain circumstances, including when the defendant entered a plea agreement in another case or when only some charges were dismissed as part of a broader conviction. Colorado provides a separate sealing process for qualifying non-conviction records.
Some lower-level offenses involving force, threats, or injury may potentially be sealed when they do not fall within one of the statutory exclusions. Eligible class 1 misdemeanors and class 4, 5, or 6 felonies generally have a three-year waiting period after the later of the final disposition of the case or release from supervision. Eligible class 2 and class 3 misdemeanors generally require two years. All restitution must be paid before a conviction can be sealed.
Beginning July 1, 2025, some otherwise ineligible misdemeanor convictions may still be considered for sealing if the district attorney agrees or the defendant proves by clear and convincing evidence that the need for sealing is substantial, the person is no longer a threat to public safety, and continued public access is no longer necessary to protect or inform the public. This exception does not generally make ineligible violent felony convictions sealable.
Sealing removes the case from ordinary public access but does not erase it completely. Courts, law-enforcement agencies, prosecutors, and certain authorized government or licensing entities may still access sealed records. Because violent-crime eligibility depends on the exact conviction, felony classification, sentencing provisions, and underlying facts, each case must be reviewed individually.
Frequently Asked Questions
What is considered a violent crime in Colorado?
Violent crimes generally involve causing or threatening bodily injury, using force against another person, restraining or moving someone without permission, or engaging in conduct that creates a serious risk of injury or death. Examples include assault, robbery, aggravated robbery, kidnapping, menacing, stalking, manslaughter, murder, child abuse, and certain forms of arson.
Are all violent crimes felonies?
No. Some violent offenses can be charged as misdemeanors, while others are felonies. The classification depends on the specific crime, the defendant’s mental state, the injuries caused, whether a weapon was involved, and the identity of the alleged victim. For example, menacing and assault can be misdemeanors in some circumstances but become felonies when aggravating factors are present.
What is a “crime of violence” under Colorado law?
A crime of violence is a statutory sentencing designation that applies to certain felonies involving a deadly weapon, serious bodily injury, death, or designated offenses such as aggravated robbery or kidnapping. A conviction carrying this designation can require incarceration and an enhanced sentence above the ordinary presumptive minimum.
What penalties can result from a violent-crime conviction?
Possible penalties include jail or prison, probation, mandatory parole, fines, restitution, protective orders, firearm restrictions, and court-ordered treatment. The sentence depends on the classification of the offense, whether it is designated a crime of violence, the defendant’s criminal history, and whether any special sentencing laws apply.
Can probation be granted for a violent crime?
Probation may be available for some lower-level offenses, but it is not available in every case. A statutory crime-of-violence conviction generally carries mandatory incarceration unless a limited sentencing exception applies. Courts also consider the seriousness of the conduct, the victim’s injuries, prior convictions, and public-safety concerns.
Does the victim have to suffer an injury?
Not always. Some offenses require bodily injury or serious bodily injury, but others can be committed through threats or conduct that places someone in fear. Menacing, stalking, robbery, kidnapping, and certain forms of assault may be charged even when the alleged victim does not suffer a visible physical injury.
What is the difference between bodily injury and serious bodily injury?
Bodily injury generally includes physical pain, illness, or physical or mental impairment. Serious bodily injury involves substantially greater harm, such as a substantial risk of death, permanent disfigurement, prolonged impairment, or the loss or impairment of a body part or organ. Whether an injury is classified as serious can significantly affect the charge and sentence.
Can threatening someone result in a violent-crime charge?
Yes. A threat may result in charges such as menacing, stalking, criminal extortion, harassment, or retaliation against a witness. The applicable charge depends on the content of the threat, the accused person’s conduct, whether a weapon was involved, and whether the threat placed someone in fear of imminent serious bodily injury.
Can self-defense apply to a violent-crime charge?
Yes. Colorado law permits a person to use a reasonable degree of physical force when they reasonably believe it is necessary to defend themselves or another person from the use or imminent use of unlawful physical force. The amount of force permitted depends on the circumstances, and deadly force is allowed only in more limited situations.
Does Colorado have a “stand your ground” law?
Colorado generally does not require a person to retreat before using otherwise lawful force in self-defense. However, the person must still reasonably believe that force is necessary, and the use of deadly force must satisfy additional legal requirements. Colorado’s home-defense statute, commonly called the Make My Day law, provides separate protections in certain cases involving unlawful entry into an occupied dwelling.
Can self-defense apply when the other person was unarmed?
Potentially. The law focuses on what the accused reasonably believed under the circumstances rather than solely on whether the other person possessed a weapon. Relevant facts may include the other person’s actions, threats, size, number of attackers, prior conduct, and the immediacy of the perceived danger.
What if the alleged victim started the fight?
Evidence that the other person was the initial aggressor may support a self-defense claim. However, self-defense can be restricted when the accused provoked the confrontation, agreed to mutual combat, or continued using force after the threat had ended. The entire sequence of events must be examined.
Can I be charged even when the alleged victim does not want to prosecute?
Yes. The government, rather than the alleged victim, decides whether criminal charges will be filed or dismissed. A victim can communicate their wishes to prosecutors, but they generally cannot unilaterally drop the case. Prosecutors may proceed using witness testimony, recordings, photographs, medical evidence, or other available information.
What happens when a violent-crime charge involves domestic violence?
Domestic violence is generally a designation attached to another offense rather than a separate stand-alone crime. When the alleged conduct involves an intimate partner or another qualifying relationship, the court may issue a protection order and require domestic-violence evaluation and treatment. An arrest may also occur when officers have probable cause to believe a domestic-violence offense was committed.
Can a protection order be issued before conviction?
Yes. A mandatory protection order generally enters when a person is charged with a criminal offense. It may prohibit contact with the alleged victim, restrict access to certain locations, prohibit alcohol or controlled-substance use, and prevent possession of firearms. Violating the order can result in a separate criminal charge.
Can police search my phone in a violent-crime investigation?
Police may search a phone with valid consent, a search warrant, or another legally recognized exception. Phone records can contain texts, photographs, videos, location information, internet history, and social-media communications. Whether the search was lawful may become an important issue in the defense.
Can a violent-crime conviction affect firearm rights?
Yes. A felony conviction generally prohibits firearm possession. Certain misdemeanor domestic-violence convictions and protection orders can also affect firearm rights under state or federal law. Possessing a firearm while legally prohibited can result in additional criminal charges.
Can a violent-crime conviction affect employment or professional licensing?
Yes. A conviction may affect employment, housing, professional licenses, security clearances, immigration status, and eligibility for certain government benefits. Colorado refers to these non-sentencing effects as collateral consequences, and people convicted of statutory crimes of violence are generally ineligible for Colorado’s order of collateral relief.
Can violent-crime records be sealed?
Many violent-crime convictions cannot be sealed, particularly crimes of violence, serious felonies, Victim Rights Act offenses, domestic-violence offenses, and unlawful sexual offenses. Charges that were dismissed or resulted in an acquittal may be eligible for sealing, and some lower-level convictions may qualify depending on the exact offense and circumstances. The Colorado Judicial Branch provides separate procedures for non-conviction and conviction records.
Why is early legal representation important in violent crime cases?
Early representation allows an attorney to address bond conditions, protection orders, police interviews, preservation of surveillance footage, witness statements, self-defense evidence, and potentially unlawful searches. Evidence in violent-crime cases can disappear quickly, making prompt investigation particularly important. Colorado’s criminal offenses and sentencing requirements are governed by the Colorado Revised Statutes.
Additional Resources
Mandatory Sentences for Violent Crimes | Colorado Revised Statutes – Visit the official website for the Colorado Revised Statutes to learn more about their violent crime laws. Access the site to read the section of the revised statutes governing sentencing for violent crimes. You can also find a full list of offenses classified as a violent crime, the definition of a crime of violence and the consequences if you are convicted of multiple violent crimes.
Violent Crime Statistics | Colorado Department of Public Safety – Visit the official website of the Colorado Department of Public Safety to view the past and present statistics for violent crimes in the state. Access the site to look at statistics categorized by age, gender, year, and what type of crime they were arrested for.
Denver Defense Attorney for Violent Crimes
The potential harsh penalties of a violent crime conviction are enough to keep anyone up at night. If you’ve been arrested for a violent offense, get started on your defense right away by consulting Denvers Defense Attorney. Our legal team can aggressively advocate for you on your behalf and review every piece of evidence meticulously to build a formidable case.
Call us now at 303.725.0017 to set up your first consultation free of charge. Denvers Defense Attorney accepts clients throughout the greater Denver area including Golden, Lakewood, Broomfield, Boulder, Morrison, Centennial, Englewood, Deer Trail, Louisville, Nederland, and Eldora.