Colorado Sentencing Guidelines: Felony, Misdemeanor, and Parole Rules

Colorado sentencing guidelines set presumptive ranges for every criminal offense, from a $100 civil infraction fine to life in prison for a Class 1 felony. Judges sentence within those ranges but can go higher or lower when the case involves extraordinary circumstances. Some offenses carry mandatory minimums that override that discretion, and a 2022 reform reshaped how misdemeanors and petty offenses are classified, so the current rules differ from what the state used just a few years ago.

How Colorado Classifies Criminal Offenses

Colorado sorts criminal conduct into three broad categories: petty offenses, misdemeanors, and felonies. Each has sublevels that signal how seriously the state treats the conduct, and the classification drives everything downstream, including the possible prison term, parole obligations, and whether you can later seal the record.

Felonies split into six classes. Class 1 sits at the top and covers offenses like first-degree murder; Class 6 carries the lightest felony penalties. For offenses committed on or after March 1, 2022, misdemeanors are divided into two classes rather than the previous three, and petty offenses were consolidated into a single class.¹ Drug offenses follow a parallel system with four felony levels and two misdemeanor levels.

Felony Sentencing Ranges

For felonies committed on or after July 1, 2020, judges work from these presumptive ranges:²

Class 1: Life imprisonment.
Class 2: 8 to 24 years in prison.
Class 3: 4 to 12 years in prison.
Class 4: 2 to 6 years in prison.
Class 5: 1 to 3 years in prison.
Class 6: 1 year to 18 months in prison.

Fines run alongside these ranges and can be steep. Class 2 felonies carry fines between $5,000 and $1,000,000; Class 5 and 6 felonies range from $1,000 to $100,000.²

Mandatory Parole After Release

Every felony sentence in Colorado carries a mandatory parole period after release. The judge cannot waive it, and the defendant cannot decline it. It attaches whether the parole board granted discretionary release earlier or the person served the full prison term. The periods:²

Class 2 crime of violence: 5 years.
Class 2 non-violent and Class 3: 3 years.
Class 4: 3 years.
Class 5: 2 years.
Class 6: 1 year.

The parole board can discharge someone from mandatory parole early if it decides the person has been sufficiently rehabilitated and no longer benefits from supervision.² Mandatory parole is often confused with discretionary parole. They are different things: mandatory parole is automatic and attached to the sentence itself, while discretionary parole is a separate decision about whether to release someone before the end of the prison term.

Misdemeanor and Petty Offense Penalties

The 2022 reform simplified misdemeanor classification and reduced some maximum penalties. For offenses committed on or after March 1, 2022:¹

Class 1 misdemeanor: up to 364 days in jail, a fine up to $1,000, or both.
Class 2 misdemeanor: up to 120 days in jail, a fine up to $750, or both.

Drug misdemeanors run on their own two-level track. A level 1 drug misdemeanor carries 6 to 18 months in jail and fines between $500 and $5,000. A level 2 drug misdemeanor carries up to 364 days and fines between $50 and $750.¹

Petty offenses now carry up to 10 days in jail, a fine up to $300, or both.³ The reform also created civil infractions, which carry only a fine of up to $100 and no jail time.

When Mandatory Minimums Apply

Some offenses come with a statutory floor the judge cannot go below. These provisions matter most in violent crime and drug trafficking cases.

Crimes of Violence

When a defendant is convicted of a designated “crime of violence,” the judge must impose at least the midpoint of the presumptive range for that felony class, and the sentence cannot be suspended.⁴ For a Class 3 felony with a range of 4 to 12 years, that means a minimum of 8 years. The maximum for a crime of violence is twice the top of the presumptive range.

For offenses committed on or after July 1, 2023, when a defendant is convicted of two or more separate crimes of violence arising from the same incident, the sentences must run consecutively rather than concurrently. If the crime of violence involved a dangerous weapon, the judge must add a consecutive five-year prison term on top of the substantive sentence, and that five-year add-on cannot be suspended or placed on probation.⁴

Large-Scale Drug Distribution

Distributing more than 225 grams of a material containing a Schedule I or Schedule II controlled substance is a level 1 drug felony.⁵ A level 1 drug felony carries a mandatory minimum of eight years and a maximum of thirty-two years. Aggravating factors push the minimum to twelve years.⁶

Repeat DUI

A fourth or subsequent DUI is a Class 4 felony, carrying the standard 2-to-6-year presumptive range. If the court grants probation, it must order at least 90 days in county jail as a condition, and the defendant cannot earn good-time deductions during that jail time.

Extraordinary Risk Crimes

Colorado designates certain offenses as “extraordinary risk” crimes, which raises the top of the presumptive range without changing the bottom. Aggravated robbery and child abuse are among the offenses that qualify. The increases by class:²

Class 3: maximum increased by 4 years (12 becomes 16).
Class 4: maximum increased by 2 years (6 becomes 8).
Class 5: maximum increased by 1 year (3 becomes 4).
Class 6: maximum increased by 6 months (18 months becomes 2 years).

Habitual Offender Enhancement

A person convicted of a felony who has three prior felony convictions from separate criminal episodes must be sentenced to four times the maximum of the presumptive range for the current offense.⁷ A Class 5 felony with a 3-year maximum becomes a sentence of up to 12 years. Prior convictions can come from any state or federal court, as long as the conduct would have been a felony in Colorado.

Aggravating and Mitigating Factors

Within the presumptive range, judges weigh the circumstances of the offense and the defendant’s background. Aggravating factors push a sentence toward the high end. They include cruelty toward the victim, targeting someone who was particularly vulnerable, committing the offense while on parole or while escaped from custody, and gang involvement.

Mitigating factors pull the sentence down. A clean record, meaningful rehabilitation efforts, mental health conditions, and personal hardships all count. So does playing a minor role in the offense, acting under pressure from others, and demonstrating genuine remorse. Judges often weigh psychological evaluations, family testimony, and letters of community support when deciding where in the range to land.

When the factors are truly extraordinary, the judge can depart from the presumptive range entirely, up or down. Any departure has to be explained on the record and supported by evidence from the sentencing hearing and the presentence report.² Mandatory minimums override this discretion.

Probation and Deferred Judgment

Probation is available for eligible defendants, primarily those convicted of non-violent offenses who do not pose a significant public safety risk. Conditions typically include regular check-ins with a probation officer, drug testing, community service, and counseling. A violation can trigger revocation and imposition of the original prison sentence. Specialized drug courts and veterans’ courts operate as alternatives for defendants whose offenses tie to substance abuse or military service.

Deferred judgment is one of the most valuable outcomes a defendant can negotiate. The defendant pleads guilty, but the court delays entering the conviction and imposes a supervision period with conditions similar to probation. If the defendant completes all conditions, the guilty plea is withdrawn and the charges are dismissed.⁸ The deferral period can last up to four years for a felony or two years for a misdemeanor or petty offense. Because it requires the written consent of the defendant, defense attorney, and district attorney, deferred judgment is a negotiated outcome, not something the court grants on its own.

Parole Eligibility and Earned Time

The Colorado Board of Parole decides whether to release inmates before they finish their full prison term. Parole may be granted when a person has served the minimum sentence (less good-time credit) and there is a strong probability that the person will not reoffend and that release is compatible with public safety.⁹

The eligibility threshold depends on the offense. People convicted of second-degree murder, first-degree assault, first-degree kidnapping, first-degree arson, first-degree burglary, or aggravated robbery must serve 75% of the sentence before becoming eligible for parole, less any earned time.¹⁰ A prior conviction for a crime of violence raises the threshold further. For most other inmates serving Class 2 through Class 6 felony sentences, eligibility generally comes after 50% of the sentence, assuming no disciplinary infractions.¹¹

Inmates can earn up to 10 days off their sentence for each month of incarceration through work, training, group living, counseling, and educational programs. Those convicted of Class 4, 5, or 6 felonies who maintain a clean disciplinary record and comply with their programming can earn up to 12 days per month.¹² Additional earned time is available for completing milestones in educational or therapeutic programs, and those credits can meaningfully accelerate parole eligibility. Once released on parole, an offender who completes 50% of the full sentence (including time served) and finishes all treatment requirements may qualify for early discharge from parole supervision.¹³

Consequences Beyond the Sentence

Every felony and misdemeanor conviction must include a restitution determination. The court must either order a specific dollar amount, set a deadline for calculating it, order payment for future treatment costs, or find that no victim suffered a financial loss. Covered losses include medical expenses, insurance deductibles, property replacement, lost wages for court attendance, child care during proceedings, and travel to court.¹⁴

Voting rights are lost only during actual incarceration for a felony. Eligibility to register and vote is restored the day you leave detention or prison. People on parole can vote, people on probation never lose the right, and unpaid restitution does not affect eligibility.¹⁵

Record sealing is available after a waiting period tied to the offense level. Sealed records become inaccessible to the public, and agencies must respond to inquiries as if the record does not exist. The waiting periods after final disposition:¹⁶

Petty offenses: 1 year.
Class 2 misdemeanors and drug misdemeanors: 2 years.
Class 1 misdemeanors, Class 4-6 felonies, and level 2-4 drug felonies: 3 years.
All other offenses: 5 years.

Sealing does not erase the conviction. Criminal justice agencies, the court, and the district attorney retain access, and a new conviction can prompt the court to unseal the prior record for sentencing purposes. Restitution must be paid in full, or the payment obligation vacated, before you can petition.¹⁶ A successfully completed deferred judgment can be sealed immediately under the deferred judgment statute rather than waiting for the standard period.

Non-citizens face additional exposure. Many convictions, including some misdemeanors, can trigger deportation or block eligibility for visas, green cards, and naturalization under federal immigration law. Offenses classified as “aggravated felonies” for federal immigration purposes carry the harshest consequences, and those federal definitions don’t always match how Colorado labels the same conduct. A Colorado misdemeanor can still be an aggravated felony for immigration purposes, so anyone who is not a U.S. citizen should consult an immigration attorney before accepting any plea.

1
Justia. Colorado Code 18-1.3-501 – Misdemeanors Classified, Drug Misdemeanors and Drug Petty Offenses Classified, Penalties
2
Justia. Colorado Code 18-1.3-401 – Felonies Classified, Presumptive Penalties
3
Justia. Colorado Code 18-1.3-503 – Petty Offenses Classified, Penalties
4
Justia. Colorado Code 18-1.3-406 – Mandatory Sentences for Violent Crimes, Definitions
5
Justia. Colorado Code 18-18-405 – Unlawful Distribution, Manufacturing, Dispensing, or Sale
6
Justia. Colorado Code 18-1.3-401.5 – Sentencing in Drug Cases
7
Justia. Colorado Code 18-1.3-801 – Punishment for Habitual Criminals
8
Justia. Colorado Code 18-1.3-102 – Deferred Sentencing of Defendant
9
FindLaw. Colorado Code 17-2-201 – State Board of Parole
10
FindLaw. Colorado Code 17-22.5-403 – Parole Eligibility
11
Department of Public Safety. A General Overview of Parole
12
Justia. Colorado Code 17-22.5-405 – Earned Time
13
Colorado Department of Corrections. Parole
14
Justia. Colorado Code 18-1.3-603 – Assessment of Restitution
15
Colorado Secretary of State. Voters with Convictions FAQs
16
Colorado Judicial Branch. Sealing Criminal Records