“Crime of Violence” in Colorado – The Increased Penalties

Under C.R.S. 18-1.3-406, a crime of violence (COV) is a qualifying Colorado offense that triggers mandatory prison sentencing and, in many cases, a longer prison term. These sentencing rules can apply even if you have no prior criminal record.

The main rules are:

• Weapons or serious injuries: Certain listed crimes qualify when you use a deadly weapon, possess it and threaten its use, or cause serious bodily injury or death to someone other than another participant.
• Certain felony sex offenses: Bodily injury, threats, intimidation, or force can trigger COV sentencing even without a deadly weapon or serious injury.
• Longer prison terms: The general sentencing range runs from the midpoint of the applicable presumptive range to twice its maximum, with extraordinary risk adjustments when required. Special rules apply to certain offenses, including sex offenses.
• Limited relief: Some defendants qualify for concurrent sentences or a later sentence reduction.

When reviewing a COV allegation, we examine both the underlying charge and the facts claimed to justify the increased sentence. Then we fight to persuade the prosecutors that COV sentencing is inapplicable to the case.

List of Crimes of Violence

The general COV definition covers specified offenses that are committed, attempted, or conspired to be committed. During the below-listed offenses or the immediate flight from it, you must have either:

• used a deadly weapon, or possessed it and threatened its use; or
• caused serious bodily injury or death to someone other than another participant in the crime.

1. First-degree murder (C.R.S. 18-3-102)
2. Second-degree murder (C.R.S. 18-3-103)
3. First-degree assault (C.R.S. 18-3-202)
4. Second-degree assault (C.R.S. 18-3-203)
5. Kidnapping (C.R.S. 18-3-301 & C.R.S. 18-3-302)
6. Sexual assault (C.R.S. 18-3-402)
7. Unlawful sexual contact (C.R.S. 18-3-404)
8. Sexual assault on a child (C.R.S. 18-3-405)
9. Sexual assault on a child by one in a position of trust (C.R.S. 18-3-405.3)
10. Internet sexual exploitation of a child (C.R.S. 18-3-405.4)
11. Sexual assault on a client by a psychotherapist (C.R.S. 18-3-405.5)
12. Invasion of privacy for sexual gratification (C.R.S. 18-3-405.6)
13. Unlawful sexual conduct by a peace officer (C.R.S. 18-3-405.7)
14. Aggravated robbery (C.R.S. 18-4-302)
15. First-degree arson (C.R.S. 18-4-102)
16. First-degree burglary (C.R.S. 18-4-202)
17. Escape (C.R.S. 18-8-208)
18. Criminal extortion (C.R.S. 18-3-207)
19. First-degree unlawful termination of pregnancy (C.R.S. 18-3.5-103)
20. Second-degree unlawful termination of pregnancy (C.R.S. 18-3.5-104)
21. Any crime against an at-risk juvenile or at-risk adult
22. Human trafficking for involuntary servitude of an adult or minor (C.R.S. 18-3-503)
23. Human trafficking for sexual servitude of an adult or minor (C.R.S. 18-3-504)

The statute covers sexual offenses under C.R.S 18-3-401, et seq., so the examples above are not an exhaustive list of every covered sexual offense. Merely possessing a deadly weapon does not satisfy the weapon alternative. Some individual offense statutes also require sentencing under the COV provisions.¹

Which sex offenses can qualify without a deadly weapon or serious injury?

A separate rule applies to felony unlawful sexual offenses identified in C.R.S. 18-3-411(1). Such an offense qualifies when you:

• cause bodily injury to the victim; or
• use threats, intimidation, or force against the victim.

The covered offenses include the following, but only when the offense is a felony:

1. Enticement of a child (C.R.S. 18-3-305)
2. Sexual assault on a child under 15 (C.R.S. 18-3-402)
3. Qualifying unlawful sexual contact involving a child under 15 (C.R.S. 18-3-404)
4. Sexual assault on a child (C.R.S. 18-3-405)
5. Sexual assault on a child by one in a position of trust (C.R.S. 18-3-405.3)
6. Aggravated incest (C.R.S. 18-6-302)
7. Human trafficking of a minor for sexual servitude (C.R.S. 18-3-504(2))
8. Sexual exploitation of a child (C.R.S. 18-6-403)
9. Procurement of a child for sexual exploitation (C.R.S. 18-6-404)
10. Indecent exposure (C.R.S. 18-7-302)
11. Soliciting for child prostitution (C.R.S. 18-7-402)
12. Pandering of a child (C.R.S. 18-7-403)
13. Procurement of a child (C.R.S. 18-7-403.5)
14. Keeping a place of child prostitution (C.R.S. 18-7-404)
15. Pimping of a child (C.R.S. 18-7-405)
16. Inducement of child prostitution (C.R.S. 18-7-405.5)
17. Patronizing a prostituted child (C.R.S. 18-7-406)
18. Class 4 felony internet luring of a child (C.R.S. 18-3-306(3))
19. Internet sexual exploitation of a child (C.R.S. 18-3-405.4)
20. Unlawful electronic sexual communication (C.R.S. 18-3-418)

The definition also covers attempts, conspiracies, and solicitations to commit the listed acts. The felony requirement still applies. A misdemeanor does not become a COV under this rule merely because it involves force or bodily injury.²

Crime of Violence Penalties

The following are general determinate prison ranges for Colorado COVs, incorporating the applicable extraordinary risk adjustments. (A “determinate” sentence means it has a fixed prison term.) Offense-specific rules and other sentencing enhancements may change the result.

Colorado COV Felony Class	General prison range (subject to exceptions)
Class 2 felonies	16 to 48 years in prison
Class 3 felonies	10 to 32 years in prison
Class 4 felonies	5 to 16 years in prison
Class 5 felonies	2.5 to 8 years in prison
Class 6 felonies	1.5 to 4 years in prison

For example, a class 4 COV generally uses an adjusted presumptive range of two to eight years. Its midpoint is five years, and twice its maximum is sixteen years, producing a COV range of five to sixteen years.

These figures describe the prison term, not any additional mandatory parole period. First-degree murder sentencing follows separate rules and generally requires life without parole; juvenile cases have different sentencing rules.³

When does a weapon add another five years?

An additional five-year prison term applies when the charging document specifies, and the COV conviction involves, the use of a dangerous weapon or semiautomatic assault weapon (as specifically defined by the applicable statutes). It does not apply automatically to every deadly weapon.

The extra five years must run consecutively to any other sentence and cannot be suspended or replaced with probation.⁴

Which sex offenses carry a life maximum?

Covered sex offenses committed on or after November 1, 1998, that qualify as COVs carry an indeterminate prison sentence: a minimum term set by the court and a maximum of your natural life. Serving the minimum term does not guarantee release.

The offenses identified in C.R.S. 18-1.3-1003(5) include:

• Sexual assault (C.R.S. 18-3-402)
• Felony unlawful sexual contact (C.R.S. 18-3-404(2))
• Sexual assault on a child (C.R.S. 18-3-405)
• Sexual assault on a child by one in a position of trust (C.R.S. 18-3-405.3)
• Aggravated sexual assault on a client by a psychotherapist (C.R.S. 18-3-405.5(1))
• Enticement of a child (C.R.S. 18-3-305)
• Incest (C.R.S. 18-6-301)
• Aggravated incest (C.R.S. 18-6-302)
• Patronizing a prostituted child (C.R.S. 18-7-406)
• Class 4 felony internet luring of a child (C.R.S. 18-3-306(3))
• Internet sexual exploitation of a child (C.R.S. 18-3-405.4)
• Class 3 felony unlawful sexual conduct by a peace officer (C.R.S. 18-3-405.7)

The definition also includes attempts, conspiracies, or solicitations to commit these offenses when the attempt, conspiracy, or solicitation is a class 2, 3, or 4 felony. The applicable minimum term depends on the offense and sentencing provisions.⁵

What if I get convicted of more than one COV?

Two or more separate crimes of violence arising from the same incident generally require consecutive sentences. This means serving one sentence after another. Concurrent sentences run at the same time.

However, for offenses committed on or after July 1, 2023, the court may allow concurrent sentences if any of these alternatives applies:

• 1st alternative: At least one offense is aggravated robbery, second-degree assault, or escape; or
• 2nd alternative: The prosecution and defense agree to waive ineligibility for concurrent sentences; or
• 3rd alternative: The defendant establishes all three statutory conditions:
  1. no prior felony convictions for a victim-rights offense,
  2. no use or possession of a firearm or explosive or threat to use one during the offense, and
  3. no serious bodily injury or death resulting from the defendant’s actions.

For the third alternative, the defendant must prove the conditions by a preponderance of the evidence, meaning more likely than not, or the parties must agree that they are met.⁶

Can the court grant shorter sentences?

Yes, in limited circumstances. C.R.S. 18-1.3-406 provides:

1. an early sentence-modification procedure and
2. a separate later review for certain defendants serving multiple COV sentences.

How does the early sentence-modification procedure work?

In an exceptional case involving unusual and extenuating circumstances, the court may reduce the sentence after receiving a Department of Corrections evaluation report. Under the current statute, the DOC must transmit the report within 91 days after placement in its custody, upon a request from the defendant, prosecution, or court.

A modification cannot take effect earlier than 119 days after placement in DOC custody. It may include probation only if the defendant is otherwise eligible. This is not an automatic reduction or a promise of release after 119 days.⁷

Can multiple COV sentences be reviewed later?

For offenses committed on or after July 1, 2023, a person sentenced for two or more separate COVs arising from the same incident may qualify to petition for modification at least two but no more than five calendar years after entry of final judgment of conviction or sentence. The person must not have previously requested review of the mandatory sentence’s term of years under C.R.S. 18-1.3-406(1)(a).

The statute provides an evidentiary hearing and appointed counsel. Relief requires both substantial mitigating factors surrounding the case and substantial steps toward rehabilitation, such as positive programming, assigned work, available treatment, and compliance with facility rules.

The judge may shorten the prison terms or make them concurrent. A reduction is discretionary, even when the defendant qualifies to request review.⁸

Frequently Asked Questions

Is a crime of violence a separate criminal offense?

A COV allegation generally concerns sentencing for the underlying crime, such as assault or robbery. It is not a separate substantive offense. The prosecution generally must allege the enhancement and obtain the required factual findings, although some offense statutes directly require COV sentencing.

We review the exact charge and subsection before calculating the possible sentence. The name of the charge alone may not explain which sentencing rules apply.

Can a first-time offender receive a mandatory prison sentence?

Yes. COV sentencing can apply even if you have never been convicted of a crime before. A clean record does not automatically make you eligible for probation or remove the mandatory sentencing range.

In preparing a sentencing argument, we look at both your history and the legal basis for the enhancement. Favorable background information can matter, but it must be presented within the sentencing options the law allows.

Does carrying a gun automatically make an offense a crime of violence?

No. Under the general COV weapon alternative, the offense must be covered by the statute, and you must use the deadly weapon or possess it and threaten its use. Mere possession is insufficient under that alternative. Other qualifying circumstances or offense-specific sentencing rules may still apply.

When reviewing the evidence, we distinguish between a weapon being present and a weapon being used or threatened. Witness accounts, recordings, and the wording of the charge can be important to that distinction.

Does someone have to be injured for COV sentencing to apply?

No. Using a deadly weapon, or possessing it and threatening its use, during a covered offense can trigger COV sentencing without an injury. Certain felony sex offenses can also qualify through threats, intimidation, or force.

We therefore review all of the prosecution’s claimed grounds for the enhancement. Challenging an injury allegation may be important, but it may not resolve a separate weapon or force allegation.

Can my crime of violence sentences run at the same time?

Sometimes. Separate COVs from the same incident generally require consecutive sentences, but statutory exceptions may permit concurrent sentences. For offenses committed on or after July 1, 2023, those exceptions include certain listed offenses, an agreement between the parties, or satisfaction of all three statutory conditions concerning criminal history, firearms or explosives, and serious injury or death.

We examine this issue before sentencing because concurrent terms can substantially change the total prison time. Eligibility and the judge’s decision are separate questions.

Can the judge reduce my sentence after I go to prison?

Possibly. The early modification procedure requires exceptional circumstances and a DOC report, and relief cannot take effect earlier than 119 days after placement in DOC custody. A separate two-to-five-year petition procedure may apply to qualifying multiple-COV sentences for offenses committed on or after July 1, 2023.

Before seeking relief, we review the offense dates, judgment, and any earlier sentence-review request. Those details can determine which procedure remains available and when a petition must be filed.

Additional Resources

For more information, refer to the following:

1. Colorado Department of Corrections (CDOC): The state prison and parole system.
2. Colorado Criminal Justice Reform Coalition (CCJRC): Organization that focuses on criminal justice reform and policy.
3. Colorado Felony Sentencing Guidelines: Our article on the possible penalties following a felony conviction.

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