Violent Crimes: Colorado Springs Criminal Defense For Serious Allegations
In Colorado, violent crimes such as murder, aggravated robbery, aggravated assault and sex crimes are treated with utmost seriousness. If you’re facing such allegations or a serious crime, it is crucial to secure an experienced criminal defense attorney.
Founding attorney Clifton Black has been a criminal defense attorney since 2000. At the Law Offices of Clifton Black, PC, our seasoned criminal defense attorneys have a proven track record of successfully defending clients against violent crimes in Colorado Springs and Denver. Our attorneys are committed to understanding every facet of your case, crafting an effective defense strategy designed to uphold your rights within the Colorado legal system.
Understanding The Gravity Of Violent Crimes
In Colorado, crimes of violence can lead to longer prison sentences as compared to nonviolent felonies of the same category. However, only specific offenses are classified as crimes of violence, such as rape, aggravated robbery and kidnapping. In addition, enhanced penalties will apply if, during these crimes, the defendant used a deadly weapon, caused significant injury or death, or in the case of certain sex crimes, employed threats or force.
Examples of crimes of violence in Colorado include, but are not limited to:
- First and second-degree murder
- Various forms of assault and sexual assault
- Kidnapping
- Aggravated robbery
- First-degree arson and burglary
However, for a crime to be considered violent, the defendant must have either used or threatened to use a deadly weapon. Any crime that caused grave injury or death (excluding harm to accomplices) is also considered a violent crime.
Mandatory Sentences For Violent Crimes In Colorado
The statute CRS 18-1.3-406 outlines that individuals convicted of violent crimes face stringent sentencing rules. Essentially, they can receive a sentence ranging from the midpoint to twice the maximum of the presumptive range set for the crime.
Basic mandatory sentencing includes:
- Midpoint to maximum sentencing: If someone is found guilty of a violent crime, their sentence won’t be arbitrary. Instead, it’s framed within specific boundaries.
- Minimum: The minimum sentence will be the halfway point of the set range for that crime, ensuring a basic penalty even in the most lenient cases.
- Maximum: The harshest sentence can be up to twice the maximum limit of the set range. This allows for considerable flexibility, ensuring that particularly grievous instances of the crime can be punished more severely.
This sentencing structure strikes a balance and provides the court direction to ensure that individuals convicted of the same crime won’t receive vastly different sentences. This provides consistency within the criminal justice system.
However, by setting a range rather than a fixed duration, the court can consider the specific circumstances and severity of each case and can tailor the punishment accordingly.
Consecutive Violent Crime Offenses Committed After July 1, 2023
Convictions for multiple violent crimes from the same incident will result in consecutive (back-to-back) sentences. However, for offenses committed after July 1, 2023, after a defendant has served a specific duration of their sentence (usually between 2 to 5 years), individuals can request a review or modification of their sentence. The court may adjust these sentences if they find substantial evidence of the defendant’s rehabilitation efforts and if certain mitigating factors are present. An experienced criminal defense attorney can advocate for this on your behalf.
Convictions For Violent Sex Offenses After November 1, 1998
A conviction for a violent sex offense after November 1, 1998, can result in an indefinite prison term. This can range from a specified duration to a life sentence, depending on the offense’s severity. It is important to retain an experienced criminal defense attorney who can guide you through the Colorado criminal justice system.
Concurrent Sentences For Convictions Of Violent Crimes
Under specific conditions, the court might allow concurrent (overlapping) sentences for multiple violent crimes from the same incident. This is generally possible if certain criteria about the nature of the crime and the defendant’s history are met.
The Jury’s Role In Sentencing For Violent Crimes
In trials, the jury or judge must determine if the defendant used or threatened to use a weapon, or caused injury or death. This finding influences the applicability of mandatory violent crime sentencing. If a dangerous or semi-automatic weapon was used in the crime, an additional five-year sentence is added to the defendant’s prison term. This is served consecutively to the main sentence and is not eligible for suspension or probation.
Consult A Violent Crimes Defense Attorney
Our violent crimes defense attorneys will provide a thorough assessment and analysis of your case to customize a strategy on your behalf. Our legal team at the Law Offices of Clifton Black, PC, also prioritizes client communication to make sure that you are understanding your rights and the court proceedings. To schedule a consultation, send us a message. You can also learn more about our criminal defense services or schedule an appointment by calling our office at 719-328-1616.