Class 4 Felony Crimes in Colorado – Laws & Penalties

• 1. Sentencing
• 2. Examples
• 3. Records Seals
• 4. Jury Trial
• 5. Deportation
• 6. Gun Rights
• 7. Non-Criminal Consequences
• 8. Statute of Limitations
• Frequently Asked Questions
• Additional Resources

1. Sentencing

The presumptive punishment for class 4 felony crimes is two to six years in Colorado State Prison and/or $2,000 to $500,000 in fines. The mandatory parole period is three years. However, the sentence can vary depending on how the offense is prosecuted, as the following table shows:

Colorado Class 4 Felony	Sentence Range
Presumptive	2 to 6 years in prison and/or $2,000 to $500,000; and 3 years of mandatory parole
Extraordinary risk	2 to 8 years in prison and/or $2,000 to $500,000; and 3 years of mandatory parole
Enhanced	2 to 12 years in prison and/or $2,000 to $500,000; and 3 years of mandatory parole
Aggravated	4 to 12 years in prison and/or $2,000 to $500,000; and 3 years of mandatory parole
Exceptional circumstances	1 to 12 years in prison and/or $2,000 to $500,000; and 3 years of mandatory parole
Aggravated & extraordinary risk (most crimes of violence)	5 to 16 years in prison and/or $2,000 to $500,000; and 3 years of mandatory parole
Enhanced & extraordinary risk	2 to 16 years in prison and/or $2,000 to $500,000; and 3 years of mandatory parole
Exceptional circumstances & extraordinary risk	1 to 16 years in prison and/or $2,000 to $500,000; and 3 years of mandatory parole

Courts must impose prison if you have two prior felony convictions.¹ Learn more in our article Colorado felony sentencing guidelines.

4th-time DUI Penalties

A fourth DUI in Colorado is generally prosecuted as a class 4 felony carrying the standard presumptive penalties. Though if the court grants probation, you must complete a mandatory minimum of:

• 90 to 180 days in jail or
• 120 days to 2 years in jail through an alternative sentencing program.

In addition, you would need to complete:

• 90 days of continuous alcohol monitoring;
• 48 to 120 hours of community service; and
• A Level II Alcohol and Drug Education and Treatment Program.

Note that Colorado has no “lookback” or “washout” period: You can be convicted of a DUI-4th no matter how long ago the three prior DUIs (or DWAIs) occurred. Nor does it matter if they occurred out-of-state.

2. Examples

Common class 4 felonies in Colorado include the following unlawful acts:

• Criminal attempt (C.R.S. 18-2-101) to commit a class 3 felony
• Conspiracy (C.R.S. 18-2-201) to commit a class 3 felony
• Vehicular homicide (C.R.S. 18-3-106) if you operate the car in a reckless manner, which proximately caused the death of another
• Violating a custody order or order relating to parental responsibilities (C.R.S. 18-6-803.5)
• Vehicular assault (C.R.S. 18-3-205)
• Third-degree burglary (C.R.S. 18-4-204)
• Identity theft (C.R.S. 18-5-902)
• Theft of property (C.R.S. 18-4-401) worth $20,000 to less than $100,000
• Second-degree criminal trespass (C.R.S. 18-4-503)

Common examples of class 4 felonies with extraordinary risk in Colorado include these serious crimes:

• Criminal extortion (C.R.S. 18-3-207)
• Second-degree kidnapping (C.R.S. 18-3-301 & 302) if the victim is not the victim of a sex offense or robbery, if no deadly weapon or threats thereof were used, and there was no intent to trade the victim for something of value
• Second-degree assault (C.R.S. 18-3-203) if there is no heat of passion
• Enticement of a child (C.R.S. 18-3-305) if there is no bodily injury to the child, and if you have no previous conviction for enticement or sexual assault of a child or for conspiracy or attempt thereof

3. Record Seals

In Colorado, most class 4 felony convictions are sealable three years after the case closes. Though there is no waiting period if the criminal charge gets dismissed. Note that felony convictions for sex crimes, DUIs, or domestic violence can never be sealed.² Learn how to seal Colorado criminal records.

4. Jury Trials

If you are facing class 4 felony charges in Colorado, you can elect to have a jury trial by twelve jurors. With the judge’s okay, you can instead have a smaller jury of at least six jurors or else a bench trial (with no jury at all).³

5. Deportation

Certain class 4 felonies can be deportable, especially if they involve guns, violence, and/or controlled substances. Learn more about the criminal defense of immigrants in Colorado.⁴

6. Gun Rights

If you are convicted of a class 4 felony, you cannot own or carry firearms in Colorado. The only way to get firearm rights restored is through a Governor’s Pardon.⁵

7. Non-Criminal Consequences

Having any felony conviction on  your background check can severely hinder your ability to get or keep:

• a college or grad school education,
• a job,
• a professional license,
• loans, or
• housing/leases.

Having a criminal record also carries a social stigma. All this is why it is so important to petition for a Colorado record seal as soon as you are eligible.

8. Statute of Limitations

In most cases, the district attorney has three years after the class 4 felony allegedly occurs to press charges. Though if the charge involves fraud or theft, the clock usually does not begin running until after the offense is discovered. Note that if you are outside of Colorado, the statute of limitations pauses (tolls) for up to five years.⁶

Frequently Asked Questions

What is the typical sentencing range for a class 4 felony?

In Colorado, a class 4 felony is generally punishable by two to six years in prison and a fine ranging from $2,000 to $500,000. If the crime involves “extraordinary aggravating circumstances,” the prison term can significantly increase.

Is probation an option for a class 4 felony conviction?

Yes. Many people convicted of a class 4 felony are eligible for probation rather than Colorado State Prison time. Eligibility often depends on your prior criminal history and the specific nature of the offense (for example, whether it was a “crime of violence” which may carry mandatory sentencing).

Can a class 4 felony conviction be sealed?

Generally, yes, provided the offense is not a crime of violence or a sexual offense. For most class 4 felonies, you must wait three years after the case is closed (meaning all sentences and parole are completed) before you can petition the Colorado court to seal the record.

How does a class 4 felony differ from a class 5 felony?

While a class 4 felony carries up to six years in Colorado State Prison, a class 5 felony is less severe, typically carrying a presumptive range of one to three years. Common class 5 felonies include felony menacing or stalking.

Additional Resources

For more information, refer to the following:

1. Colorado Department of Corrections (CDOC): The state prison and parole system.
2. Colorado Innocence Project: Organization that works to exonerate wrongfully convicted individuals in Colorado.
3. Reentry Services: Colorado program to help inmates reintegrate into society, run through the CDOC.
4. Youth Violence Prevention: The Colorado Department of Public Health and Environment’s initiative focused on keeping youth out of custody.
5. Colorado Criminal Justice Reform Coalition (CCJRC): Organization that focuses on criminal justice reform and policy.

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Legal References