“Class 3 Felony” Crimes in Colorado – Definition & Penalties
In Colorado, a Class 3 Felony is a category of criminal offense that is punishable by
4 to 12 years in prison and
fines of $3,000 to $750,000.
Examples of Class 3 Felonies include
vehicular manslaughter,
first-degree arson of an occupied structure, and
theft between $100,000.00 and $1,000,000.00.
There is also a special subset of extraordinary risk class 3 felonies that are more serious and thus carry a maximum prison term of 16 years.
Convictions for class 3 felony crimes remain on the defendant’s criminal record forever – they cannot be sealed.
In this article, our Denver Colorado criminal defense attorneys will address the following key topics:
Colorado law divides felonies into six categories, from class 1 to class 6. Class 3 felonies are the third most serious category of Colorado felonies. The penalties for class 3 felony criminal offenses are
Aggravated robbery is a class 3 felony in Colorado.
2. Penalties
The presumptive penalty for class 3 felony offenses is four to 12 years in Colorado State Prison and/or $3,000 to $750,000 in fines. The mandatory parole period lasts for three years.
However, the sentence can change depending on the specific criminal charge. For example, extraordinary risk class 3 felonies – which present a high probability of harm to society – have a maximum prison term of 16 years.
If the defendant has been convicted of a felony twice (in any state) before the class 3 felony conviction, he/she cannot receive a fine instead of prison. Instead, he/she faces a definite prisonsentence and possibly a fine. Also note that incarceration is served in prison, not a county jail.1Learn more in our article Colorado felony sentencing guidelines.
3. Examples
Four common class 3 felonies in Colorado include the following:
Vehicular homicide (CRS 18-3-106), if the defendant operates the car while under the influence of alcohol and/or one or more drugs, and such conduct proximately causes the death of another
Unlawful termination of pregnancy (CRS 18-3.5-103), if the woman does not die
See the state government’s official full list of Colorado class 3 felonies.
4. Record Seals
In Colorado, class 3 felony convictions are unsealable. But if the charge gets dismissed, the defendant can pursue a record seal immediately.2
Learn more about Colorado criminal record seals.
Class 3 felony convictions remain on Colorado criminal records forever.
5. Jury Trials
Defendants charged with a class 3 felony in Colorado can have a jury trial of twelve jurors. With the judge’s permission, the jury can be as small as six jurors. Defendants can also elect to have a bench trial instead, where the judge decides the verdict.3
6. Immigration Consequences
Many class 3 felonies are deportable under the U.S. justice system. That is why non-citizens facing felony charges should hire an experienced lawyer immediately to try to get the charge dismissed or reduced to a non-deportable offense. Learn more about the criminal defense of immigrants in Colorado.4
Colorado prosecutors usually have three years to press charges after a class 3 felony allegedly happens. But many crimes carry longer statutes of limitations. For instance, vehicular homicide with no hit-and-run has a five-year statute of limitations. And there is no statute of limitations for second-degree murder.
Note that the statute of limitations does not begin running in theft or fraud cases until the crime is discovered. And the statute of limitations pauses (tolls) for up to five years if the defendant is not in the state of Colorado.6
