Class 5 Felony Crimes in Colorado – Laws & Penalties
In Colorado, class 5 felonies generally carry one to three years in state prison (plus two years of parole) and/or fines of $1,000 to $100,000.
In our experience, prosecutors may be willing to reduce a class 5 felony to a misdemeanor or even a dismissal. Judges may also agree to grant probation instead of prison.
Class 5 felonies are Colorado’s second least serious category of felony offenses. State law divides felonies into six categories, from class 1 (the most serious) to class 6 (the least serious).
In this article, our Denver criminal defense attorneys will address the following key topics regarding class 5 felonies in Colorado:
As stated above, Colorado’s presumptive penalties for class 5 felonies include one to three years in state prison (plus two years of parole) and/or a fine of $1,000 to $100,000.
However, the prison range can be laxer or harsher depending on how Colorado law classifies the class 5 felony. For instance, your sentence can be harsher if the class 5 felony is either:
enhanced, which means you have prior felony convictions; and/or
aggravated, which means specific circumstances of the crime cast you in a more blameworthy light; and/or
extraordinary risk, which means the crime is serious and presents a high probability of harm to society.
The following table outlines all the possible sentencing ranges.
Class 5 Felony in Colorado
Sentence Range
Presumptive
1 to 3 years in prison (plus 2 years of parole) and/or
$1,000 to $100,000
Extraordinary risk
1 to 4 years in prison (plus 2 years of parole) and/or
$1,000 to $100,000
Enhanced
1 to 6 years in prison (plus 2 years of parole) and/or
$1,000 to $100,000
Aggravated
2 to 6 years in prison (plus 2 years of parole) and/or
$1,000 to $100,000
Exceptional circumstances
6 months to 6 years in prison (plus 2 years of parole) and/or
2.5 to 8 years in prison (plus 2 years of parole) and/or
$1,000 to $100,000
Enhanced & extraordinary risk
1 to 8 years in prison (plus 2 years of parole) and/or
$1,000 to $100,000
Exceptional circumstances & extraordinary risk
6 months to 8 years in prison (plus 2 years of parole) and/or
$1,000 to $100,000
Note if you have at least two prior felony convictions, you may face Colorado’s habitual offender rules. In many cases, this can require a prison sentence and take probation off the table.1Learn more in our article Colorado felony sentencing guidelines.
Note that conspiracy, attempt, and solicitation are considered “inchoate crimes” because they involve planning or trying to commit a crime, and you can be convicted of an “inchoate crime” even if the intended crime never occurs.
Meanwhile, examples of extraordinary risk class 5 felonies in Colorado include:
Stalking (C.R.S. 18-3-602) for the first offense in seven years and if the defendant was not under a judicial order prohibiting stalking)
Second-degree unlawful termination of a pregnancy (C.R.S. 18-3.5-104) if committed in the “heat of passion”
Note that internet luring of a child and stalking are classified as extraordinary risk due to the victims’ psychological impact and the risks to children.
People charged with class 5 felonies may choose to have a jury trial.
3. Jury Trials
If you are charged with a class 5 felony in Colorado, you are entitled to a jury trial with 12 jurors. With the approval of the court and prosecution, you can choose to have a smaller jury of at least six people or a bench trial with just the judge and no jury.2
We advise clients that it is strategically better to choose a jury trial over a bench trial for these reasons:
Juries tend to be more empathetic to defendants while judges tend to be more jaded.
Since judges have many trials, they may get details mixed up with other cases.
Guilty verdicts by juries have to be unanimous, whereas guilty verdicts in bench trials rely on the unilateral decision of just one person.
Either way, the vast majority of class 5 charges resolve without a trial at all. Usually we can achieve a favorable resolution through a plea bargain.
4. Statute of Limitations
Colorado prosecutors usually have three years after the alleged commission of a class 5 felony to press charges.
However, for theft- or fraud-related class 5 felony charges, the three-year clock typically does not start until after the theft or fraud is discovered (called the “discovery rule”). In short, the clock starts when the crime is detected, not when it is actually committed.
Note that if the criminal suspect is not in Colorado, the statute of limitations tolls (pauses) for no more than five years. This rule prevents suspects from escaping justice simply by moving out of state.3
5. Immigration Consequences
In Colorado, serious class 5 felonies involving violence, firearms, controlled substances, or carrying long prison sentences can be deportable.4 Learn more about the criminal defense of immigrants in Colorado.
Most class 5 felonies carry 1 to 3 years in prison and/or $1,000 to $100,000 in fines.
Most Colorado convictions for class 5 felonies can be sealed from your criminal record three years after the case ends. If the charge is dismissed, you can then pursue a record seal immediately.
If you do not file a petition, the state should automatically seal eligible class 5 felony convictions 10 years after the case closes so long as you have no new disqualifying convictions.6
Note that felony convictions for sex offenses, DUIs, or domestic violence can never be sealed.7 Learn more about Colorado criminal record sealing.
Class 5 felony convictions are generally sealable three years after the case ends.
Frequently Asked Questions
Can I avoid prison time if I am convicted of a class 5 felony in Colorado?
Yes, it may be possible to receive probation instead of prison for a class 5 felony. However, if you have at least two prior felony convictions, Colorado’s habitual offender rules may require prison time and remove probation as an option. The possibility of probation depends on your criminal history and the specific circumstances of your case.
What makes a class 5 felony “enhanced” or “aggravated” and how does this affect my sentence?
A class 5 felony becomes “enhanced” if you have prior felony convictions, and “aggravated” if specific circumstances make the crime more serious. Enhanced felonies can carry 1 to 6 years in prison instead of the usual 1 to 3 years. Aggravated felonies carry 2 to 6 years. If your felony is both aggravated and extraordinary risk, you could face 2.5 to 8 years in prison.
How long do I have to wait to seal my class 5 felony conviction from my record?
Most class 5 felony convictions can be sealed 3 years after your case ends if you file a petition. If you do not file, the state should automatically seal eligible convictions after 10 years. However, felony convictions for sex offenses, DUIs, or domestic violence can never be sealed. If your charge was dismissed, you can pursue sealing immediately.
Will a class 5 felony conviction affect my gun rights or immigration status?
Yes, a class 5 felony conviction will prevent you from owning or possessing firearms, though gun rights can be restored through a Governor’s Pardon. For immigration, serious class 5 felonies involving violence, firearms, drugs, or long prison sentences can lead to deportation. The specific impact depends on the nature of your conviction and your immigration status.
Class 5 felonies are Colorado’s second least serious category of felony offenses. State law divides felonies into six categories, from class 1 (the most serious) to class 6 (the least serious).
In this article, our Denver criminal defense attorneys will address the following key topics regarding class 5 felonies in Colorado:
