Colorado Criminal Law

Colorado code details criminal behavior, punishments, and procedure for criminal trials. The statutes that make up criminal law in Colorado can be complex and difficult to follow, but are important to understand if faced with criminal charges. The information below is a selection of common issues in Colorado criminal law that is meant to provide a basic understanding of important issues. For a specific question, or if you have been arrested in Colorado, contact a Colorado criminal defense attorney.

Drug Possession in Colorado

Drug offenses in Colorado range in penalty depending on the quantity of the drug, the intent of the defendant, and the type of the drug.

• Possession of controlled substances in Colorado: If a defendant is arrested for possession of any quantity of controlled substance, the resulting felony charges carry a possible penalty ranging from 1 – 6 years and a fine up to $2,000 depending on the quantity possessed.
• Distribution of controlled substances in Colorado: Sale of any quantity of a controlled substance in Colorado is a felony punishable by 4 –12 years in prison and a fine up to $500,000. Certain quantities of drugs sold require mandatory minimum sentencing.
• Marijuana offenses in Colorado:
• Possession of a small amount of marijuana in Colorado is a petty offense punishable by a fine up to $100. Large quantities of marijuana can result in misdemeanor or felony charges punishable by 3 –18 months in jail and a fine up to $1,000.
• Sale of more than 2 ounces of marijuana in Colorado is a felony offense punishable by 1–12 years in prison and a fine up to $500,000 depending on the quantity of the drug.

Possession charges can elevate to possession with intent to distribute for significant quantities of drugs. For information about the offense associated with a specific quantity of narcotics or marijuana, or if arrested for drug possession in Colorado, contact a Colorado criminal law attorney.

Assault in Colorado

The two primary assault crimes in Colorado are menacing and assault:

• Menacing occurs when someone ntends to cause a legitimate fear of imminent bodily injury in another, and does so. Menacing in Colorado is a misdemeanor punishable by up to six months in jail and/or a fine up to $750.
• Assault in Colorado occurs when an assailant intends to cause bodily harm and does so, recklessly causes bodily harm by their actions, or negligently causes harm with a deadly weapon..The offense is a misdemeanor punishable by 6 –18 months in jail and/or a fine up to $5,000.
• Aggravated Assault in Colorado results in more serious penalties if the assailant: intentionally causes serious bodily harm, intentionally assaults with a deadly weapon, intends to maim or disfigure another and does so, or commits assault against a class of person such as a police officer or firefighter. Aggravated assault charges are felonies with punishments ranging from 2 –12 years in prison and up to $750,000 in fines.

For information on a specific instance of assault, or if arrested for assault in Colorado, contact a Colorado criminal attorney.

Colorado Drunk Driving – DUI

A first time DUI offender in Colorado faces punishments such as a jail term from five days to one year, fines, suspension of a license, community service, and potential Alcohol Treatment Program. For specific information on a drunk driving arrest, or if arrested for a DUI in Colorado, contact a Colorado DUI attorney.

Right to Jury in Colorado

In Colorado, a criminal defendant accused of an offense punishable by six months or less of jail time, or an offense stemming from a violation of a municipal ordinance is not entitled to a jury trial unless the defendant requests one. A defendant in a criminal trial punishable by more than six months in jail is entitled to a jury trial, but may waive that right upon consent of the court.

Trial Date in Colorado

A Colorado defendant incarcerated while awaiting trial may make a written demand for trial to the court, and the court will respond with a trial date within 180 days of the demand. A judge may issue a continuance in the trial in order to allow the parties additional time to prepare for the proceedings.

Sentence Review / Appeals in Colorado

A defendant convicted of a crime in Colorado has a right to appeal the judgment or sentence. The appeals process in Colorado requires a properly drafted argument for appeal and a timely attention to procedures; consult a Colorado defense attorney for more information.

Colorado Revised Statutes

Click here for the Colorado Revised Statutes:

1. Drug Possession in Colorado
1. Colorado Revised Statutes, Title18: Criminal Code, Article18 §§ 403.5, 405, 406
2. Assault in Colorado
1. Colorado Revised Statutes, Title18: Criminal Code, Article 3 §§ 202 –204
3. Colorado Drunk Driving – DUI
1. Colorado Revised Statutes, Title 42: Vehicles and Traffic, Article 4 § 1301
4. Right to Jury in Colorado
1. Colorado Revised Statutes, Title 16: Criminal Proceedings, Article 10 §§ 101, 109
5. Trial Date in Colorado
1. Colorado Revised Statutes, Title 16: Criminal Proceedings, Article 14 § 104
6. Sentence Review / Appeals in Colorado
1. Colorado Revised Statutes, Title 16: Criminal Proceedings, Article 12 § 101