Colorado Mandatory Minimum Sentencing – What It Means

 

Colorado’s mandatory minimum sentencing laws require prison time for certain serious crimes and limit how much a judge can reduce the punishment. The sentence depends on the exact offense, your prior convictions, and any exceptions in the law.

Mandatory Minimum Sentencing Categories:

• Class 1 felonies: Generally, life in prison without parole for adults. 
• Crimes of violence: Usually, prison for at least the midpoint of the applicable sentencing range, up to twice its maximum. 
• Level 1 drug felonies: Generally, at least 8 years in prison, or 12 years when specified aggravating circumstances apply. 
• Certain sex offenses: Prison may be required, often with a minimum term and a maximum of life. Some offenders qualify for intensive supervision probation.
• Habitual criminals: Qualifying repeat offenders may face three or four times the ordinary maximum sentence, or life with parole eligibility after 40 years.

A judge generally cannot replace a mandatory prison sentence with probation unless the law allows it. For some crimes of violence, the court can later modify the sentence in an exceptional case. Use of a qualifying dangerous weapon or semiautomatic assault weapon can also add a separate, consecutive five-year prison term.¹

If you are facing a mandatory minimum, the first step is to check exactly what the prosecutor must prove to trigger it. The charge’s name alone does not tell the whole story. We would examine the alleged weapon use, injuries, prior convictions, and other facts that may change your sentencing options.

In this article, our Denver criminal defense attorneys explain what you need to know about Colorado mandatory minimum sentencing laws:

• 1. Class 1 Felonies
• 2. Drug Felonies
• 3. Crimes of Violence
• 4. Sex Offenses
• 5. Habitual Criminals
• Other Sentencing Rules
• Exceptions and Sentence Reductions
• Downsides of Mandatory Minimums
• Frequently Asked Questions
• Additional Resources

1) Class 1 Felonies

For an adult convicted of a class 1 felony committed in Colorado on or after July 1, 1990, the general sentence is life in prison without the possibility of parole.²

If you were under 18 when the offense occurred and are sentenced as an adult, the general rule is life with parole eligibility after 40 years, less any earned time allowed by law. Parole eligibility does not guarantee release.

Separate resentencing rules apply to certain juvenile offenses committed from July 1, 1990, through June 30, 2006, including a possible 30-to-50-year sentence for qualifying older felony-murder cases.³

Examples of class 1 felonies include:

• First-degree murder.
• First-degree kidnapping when the victim suffers bodily injury. It is a class 2 felony if the victim is released unharmed before conviction.
• Knowingly causing the death of a child under 12 while in a position of trust, which is a form of first-degree murder. Not every child abuse death is a class 1 felony.
• Assault during escape involving the required intent and weapon or force, when the person has been convicted of a class 1 felony.
• Treason.⁴

2) Drug Felonies

Most level 1 drug felonies require eight to 32 years in prison. Specified aggravating circumstances raise the minimum to 12 years. A prison sentence generally also carries three years of mandatory parole.

There is a narrow exception for certain fentanyl distribution offenses involving no more than four grams that result in death. That exception removes the level 1 mandatory-prison requirement; it does not erase the conviction or guarantee probation.⁵

Do lower-level drug felonies always require prison?

No. For level 2, 3, and 4 drug felonies, the Colorado court must consider the applicable sentencing law and your eligibility for alternatives. Two prior felony convictions can trigger additional restrictions, but they do not always require a prison sentence. Potential options include community corrections, work release, and probation.⁶

The following table shows these drug felonies’ ordinary prison range and the minimum sentence required by C.R.S. 18-1.3-401.5(10)(a). This subsection applies when specified aggravating circumstances exist, such as committing the offense while on parole or probation.⁷

Colorado Drug Felony	Ordinary Prison Range	Minimum under Subsection (10)(a)
Level 2	4 to 8 years	6 years
Level 3	2 to 4 years	3 years
Level 4	6 months to 1 year	9 months

For ordinary prison sentences, the mandatory parole periods are generally two years for level 2 and one year for levels 3 and 4. Courts may also impose fines, and drug offender surcharges may apply. However, specified level 4 fentanyl-possession offenses follow a special probation or county-jail scheme and do not carry prison or mandatory parole.⁸

Certain drug felonies are wobblers. This means if you meet the requirements and successfully complete the community-based sentence, the court must replace the qualifying felony conviction with a level 1 drug misdemeanor conviction. Not every drug felony qualifies.⁹

3) Crimes of Violence

Under C.R.S. 18-1.3-406, a crime of violence generally requires Colorado State Prison for at least the midpoint of the applicable extraordinary risk presumptive sentencing range, up to twice its maximum.

Colorado Felony Class	Usual Minimum	Usual Maximum
Class 2	16 years	48 years
Class 3	10 years	32 years
Class 4	5 years	16 years
Class 5	2.5 years	8 years
Class 6	1.5 years	4 years

This table is a general guide. It does not cover class 1 felonies or the separate indeterminate sentencing rules for qualifying sex offenses. Additional enhancements can also change the sentence.¹⁰

What makes an offense a crime of violence?

In Colorado, crimes of violence are crimes committed, attempted, or conspired to be committed when, during the crime or immediate escape, the defendant:

• Uses a deadly weapon, or possesses one and threatens to use it; or
• Causes serious bodily injury or death to someone other than another participant.

The listed crimes include murder, first- or second-degree assault, kidnapping, certain sexual offenses, aggravated robbery, first-degree arson, first-degree burglary, escape, criminal extortion, first- or second-degree unlawful termination of pregnancy, and crimes against at-risk adults or juveniles.

A separate rule covers felony unlawful sexual offenses involving bodily injury, threats, intimidation, or force. Serious bodily injury or a deadly weapon is not always required under that rule. Some crime statutes also require crime of violence sentencing.¹¹

When does a weapon add five years?

A qualifying crime of violence conviction can carry an additional five years in Colorado State Prison for using a statutorily defined dangerous weapon or semiautomatic assault weapon. The charging document must specify the qualifying weapon use.

This extra term runs consecutively, meaning it is served in addition to the other sentence. It cannot be suspended or replaced with probation. Note this enhancement does not automatically apply whenever any gun is present.¹²

4) Sex Offenses

Not every Colorado sex offense requires the same punishment. For offenses covered by the Sex Offender Lifetime Supervision Act, some eligible defendants can instead receive intensive supervision probation.

The main prison sentencing rules are:

• General cases: A minimum term at least as long as the bottom of the applicable presumptive range, with a maximum of life in prison.
• Qualifying crime of violence: A minimum term at least as long as the midpoint of the applicable ordinary presumptive range, with a maximum of life in prison.
• Habitual sex offender against children: A minimum term at least three times the applicable presumptive maximum, with a maximum of life in prison.
• Qualifying HIV-related offense: A minimum term at least as long as the applicable presumptive maximum, with a maximum of life in prison, when the defendant had prior notice of a positive HIV test and actually transmitted HIV.

Separate higher minimums apply to certain penetration or intrusion offenses against children under 12 when the offender meets the statutory age requirements. Finishing the minimum term does not guarantee release. Parole depends on additional legal requirements and the parole board’s decision.¹³

5) Habitual Criminals

Colorado’s habitual criminal laws can dramatically increase a defendant’s punishment when the prosecution proves qualifying prior convictions. The rules depend on the current charge, the prior crimes, and whether the earlier cases arose from separate criminal episodes.

Colorado Habitual Sentencing Rule	General Requirements	General Sentence
Little habitual	A qualifying current felony and two qualifying prior felony convictions within the preceding 10 years	Three times the applicable presumptive maximum; 48 years for a level 1 drug felony
Big habitual	A qualifying current felony and three qualifying prior felony convictions	Four times the applicable presumptive maximum; 64 years for a level 1 drug felony
Bigger habitual	A new felony crime of violence after a qualifying big-habitual conviction and sentence	Life, with parole eligibility after 40 calendar years
Three strikes	A qualifying current class 1 or 2 felony, level 1 drug felony, or class 3 felony crime of violence, plus two qualifying prior convictions	Life, with parole eligibility after 40 calendar years, subject to other controlling sentencing rules

There are some exceptions. Also, multiple counts from a single criminal episode do not automatically count as separate qualifying priors.¹⁴

Habitual burglary has a separate rule. Certain repeat burglary convictions within 10 years require more than the ordinary presumptive maximum, up to twice that maximum. Plus, probation and suspension are unavailable.¹⁵

Recent Updates

In People v. Gregg, 2025 CO 57, the Colorado Supreme Court held that the older habitual criminal statute could remain constitutional by having a jury first decide whether the prior convictions arose from separate criminal episodes. The judge would then review whether the evidence supported that finding. The court also allowed a second jury to decide the habitual counts in that case.

Colorado also amended its statute in 2025 to require jury findings on the alleged prior convictions, separate charges and trials, and separate criminal episodes. In short, that habitual criminal punishment requires proof of the necessary facts; a list of prior convictions does not automatically trigger habitual sentencing.¹⁶

Other Sentencing Rules

Robbery of an At-Risk Person

Robbery of an at-risk person is a class 3 felony requiring Colorado State Prison for at least the applicable presumptive minimum, generally four years. A crime of violence finding or another enhancement can raise the minimum.¹⁷

Repeat Felony Shoplifting

A felony theft from a store can require at least the minimum sentence for that offense when you have two prior felony-theft-from-a-store convictions within the immediately preceding four years. Probation and suspension are barred under this rule. The statute contains an exception for sentencing under C.R.S. 18-4-401(4), which addresses certain thefts combined into one case.¹⁸

Escape

Felony escape and attempted escape can require at least the applicable statutory minimum. The offense level depends on the custody circumstances. The escape statute generally bars probation and suspended sentences, but it includes specific exceptions.

Leaving community corrections or another qualifying noncustodial program is not automatically felony escape. Depending on the circumstances, the separate offense of unauthorized absence may apply.¹⁹

Removing Explosives

Removing an explosive or incendiary device without the lawful possessor’s consent or direction is a class 4 felony. Removing a chemical, biological, or radiological weapon under the same circumstances is a class 3 felony.

The ordinary prison ranges start at two years and four years, respectively. However, probation may still be possible in some cases.²⁰

Exceptions and Sentence Reductions

A Colorado judge cannot simply ignore a mandatory prison requirement because the sentence seems too harsh. Any reduction or alternative must have a legal basis.

Can a crime-of-violence sentence be reduced?

For qualifying cases, C.R.S. 18-1.3-406(1)(a) allows review after the defendant enters DOC (Department of Corrections) custody:

1. A report is requested. On a request from the defense, prosecution, or court, DOC must send an evaluation and diagnosis report to the sentencing court within 91 days after placement in DOC custody.
2. The judge considers the circumstances. The case must be exceptional and involve unusual and extenuating circumstances.
3. A modification may take effect. The change cannot take effect earlier than 119 days after placement in DOC custody. Probation may be possible if the person is otherwise eligible.

These are different timing rules, not a general instruction to file only between days 91 and 119. Separate restrictions apply to indeterminate sex-offense sentences.

For certain offenses committed on or after July 1, 2023, another procedure permits review of multiple mandatory crime of violence sentences after two years and no later than five years after final judgment of conviction or sentence. Eligibility includes not having previously requested the review described in C.R.S. 18-1.3-406(1)(a).²¹

Can a habitual-criminal sentence be reduced?

For offenses committed on or after July 1, 2023, certain habitual offenders sentenced to at least 24 years may ask for modification after serving at least 10 calendar years. The court considers the statutory requirements, including mitigating circumstances and rehabilitation. Eligibility to apply does not guarantee a shorter sentence.²²

Downsides of Mandatory Minimums

Supporters argue that mandatory minimums promote consistency and discourage crime. Critics argue that they can produce punishments that do not fit the individual case.

For someone facing charges, the main concerns include:

• Less room for individual circumstances: A judge may have limited ability to account for treatment needs, family responsibilities, or a minor role in the offense.
• Pressure to accept a plea: The risk of a lengthy required sentence can make a plea offer difficult to reject.
• Long-term disruption: Prison can affect employment, housing, family relationships, and access to treatment.

Before accepting a plea, make sure you understand the minimum and maximum sentence, whether probation is available, and whether multiple sentences could run one after another. 

Frequently Asked Questions

What is a mandatory minimum sentence in Colorado?

A mandatory minimum is a sentencing floor set by law. When a mandatory-prison provision applies, the judge generally must impose at least that prison term unless a legal exception permits a different sentence.

The key is identifying which rule applies to your exact conviction. A felony’s ordinary sentencing range does not always mean prison is required.

Can I get probation instead of a mandatory prison sentence?

Usually not when the applicable law expressly requires prison. However, some offenses allow probation, and certain sentence modification laws provide limited exceptions. Not every drug felony or sex offense requires prison.

Have your lawyer check probation eligibility before you enter a plea. The answer depends on the offense, your record, and the sentencing provision.

How long is the mandatory minimum for a drug felony?

Most level 1 drug felonies require at least eight years in prison, or 12 years when specified aggravating circumstances apply. There is a narrow statutory exception. Lower level drug felonies follow different rules and may allow probation or other alternatives.

The drug type, quantity, prior convictions, and circumstances of the case can change the result. Never assume a general sentencing chart gives the final answer.

What makes an offense a crime of violence?

The general definition covers listed offenses involving use of a deadly weapon, possession and threatened use of one, or serious bodily injury or death to a nonparticipant. A separate rule covers certain felony sexual offenses involving bodily injury, threats, intimidation, or force.

Does the minimum sentence tell me when I will be released?

Not necessarily. The minimum sentence the judge must impose is different from the rules governing parole eligibility and actual release. For an indeterminate sex offense sentence, the maximum can be life, and completing the minimum does not guarantee parole.

We ask for an explanation of the prison sentence and the release rules separately. A sentence described as a certain number of years may involve additional supervision or other restrictions.

Additional Resources

• Colorado Department of Corrections: Information about the state prison system and reentry.
• Colorado Criminal Justice Reform Coalition: Sentencing and criminal justice policy resources.
• Colorado Legislative Council Staff Overview of Mandatory Minimum Sentencing: A 2017 background report. Later statutes and court decisions may change the rules it describes.

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Legal References