List of Felonies in Colorado: Classes, Drug Levels, and Penalties

Felonies in Colorado are grouped into two parallel systems: non-drug crimes fall into Classes 1 through 6 under C.R.S. 18-1.3-401, and drug crimes fall into Levels 1 through 4 under C.R.S. 18-1.3-401.5. Each tier is tied by statute to a presumptive prison range, a fine range, and a mandatory parole period served after release. Class 1 is the most serious, Class 6 the least serious among general felonies; Level 1 is the most serious drug felony and Level 4 the least.

How the Two Classification Systems Work

Presumptive means judges normally sentence within the listed range unless aggravating or mitigating circumstances justify going higher or lower. Every felony conviction also carries mandatory parole, which cannot be waived by the court or the offender. The parole board can discharge someone early only if it determines the person has been sufficiently rehabilitated.¹

Two other statutory rules can push a sentence outside the basic class ranges: the extraordinary risk designation raises the top end of the presumptive range for certain crimes, and the habitual criminal statute multiplies the sentence for repeat offenders. Both are covered below.

Class 1 Felony

Class 1 is reserved for first-degree murder.² Colorado abolished the death penalty for offenses charged on or after July 1, 2020, leaving life imprisonment as the sole punishment.³ No fine applies, and because the sentence has no release date, no mandatory parole period attaches.¹ Probation is not available for a Class 1 conviction under any circumstances.⁴

Class 2 Felony

Presumptive range: 8 to 24 years in prison and fines between $5,000 and $1,000,000.¹ Common examples:

Second-degree murder, meaning intentional killing without premeditation. It drops to Class 3 only if the killing happened in a sudden heat of passion provoked by the victim.⁵
First-degree kidnapping when the victim was released unharmed before conviction. If the victim suffered bodily injury, it is a Class 1 felony instead.⁶
Certain aggravated forms of sexual assault, such as cases involving serious bodily injury or a deadly weapon.

Mandatory parole is five years for a crime of violence and three years otherwise.¹

Class 3 Felony

Presumptive range: 4 to 12 years in prison and fines between $3,000 and $750,000.¹ Crimes at this level typically involve serious violence or the threat of it:

Aggravated robbery, meaning robbery committed with a deadly weapon or where the victim suffers serious bodily injury. It also carries the extraordinary risk designation, which raises the maximum.⁷
First-degree assault, meaning intentionally causing serious bodily injury.⁸
Second-degree murder committed in sudden heat of passion triggered by a highly provoking act of the victim.⁵
DUI-related vehicular homicide, which is charged one class higher than standard vehicular homicide.⁹

Mandatory parole is three years.¹

Class 4 Felony

Class 4 is one of the most common felony tiers. The presumptive range is 2 to 6 years in prison with fines between $2,000 and $500,000.¹ Examples include:

Manslaughter, meaning recklessly causing another person’s death.¹⁰
Vehicular homicide (non-DUI), which is a Class 4 felony at baseline.⁹
Sexual assault on a child, unless force, threats of death, or a pattern of abuse is involved, in which case the charge becomes Class 3.¹¹

Mandatory parole is three years.¹

Class 5 Felony

Presumptive range: 1 to 3 years in prison, fines of $1,000 to $100,000, and two years of mandatory parole.¹ Common Class 5 charges include menacing with a deadly weapon,¹² impersonating a peace officer,¹³ and possession of a firearm by a convicted felon.¹⁴

Class 6 Felony

Class 6 is the lightest general felony classification. The presumptive range is 1 year to 18 months in prison, fines of $1,000 to $100,000, and one year of mandatory parole.¹ Theft of property valued between $2,000 and $5,000 is a typical Class 6 charge.¹⁵

Nonviolent Class 5 and Class 6 convictions that do not involve a sex crime may eventually be sealed. A person can petition the court three years after completing all sentence conditions, including parole, if they have kept a clean record during the waiting period.

Level 1 Drug Felony

Level 1 is the most serious drug classification. It covers large-scale manufacturing or distribution and the sale of any quantity of a Schedule I or II drug to a minor when the seller is at least two years older. Weight thresholds that trigger Level 1 include more than 225 grams of a Schedule I or II substance, more than 112 grams of methamphetamine or heroin, and more than 50 grams of fentanyl or its analogs.¹⁶

The sentence is a mandatory 8 to 32 years in prison, with the minimum jumping to 12 years if aggravating factors are present. Mandatory parole is three years.¹⁷

Level 2 Drug Felony

Level 2 covers distribution at significant but lower quantities than Level 1. For methamphetamine, heroin, ketamine, and cathinones, the threshold is more than 7 grams but not more than 112 grams.¹⁶ The presumptive prison range is 4 to 8 years, with an aggravated range up to 16 years. Mandatory parole is two years.¹⁷

Level 3 Drug Felony

Level 3 involves distribution or sale of smaller quantities: not more than 14 grams of a Schedule I or II substance, not more than 7 grams of methamphetamine or heroin, and not more than 4 grams of fentanyl or its analogs.¹⁶ The presumptive range is 2 to 4 years, aggravated up to 6 years. Mandatory parole is one year.¹⁷

Level 4 Drug Felony

Level 4 is the lowest drug felony tier and typically involves possession above the misdemeanor threshold. The presumptive prison range is 6 months to 1 year, aggravated up to 2 years. Mandatory parole is one year. For possession offenses committed on or after July 1, 2022, the court may sentence to probation with up to 180 days in county jail instead of state prison.¹⁷

Extraordinary Risk Crimes

Some felonies carry an extraordinary risk designation that raises the top end of the presumptive range. The increases are:

Class 3 felonies: maximum increases by 4 years, to 16 years
Class 4 felonies: maximum increases by 2 years, to 8 years
Class 5 felonies: maximum increases by 1 year, to 4 years
Class 6 felonies: maximum increases by 6 months, to 2 years¹

Aggravated robbery is a common example. Its Class 3 status normally caps at 12 years, but the extraordinary risk label lets a judge impose up to 16 within the presumptive framework.⁷

Habitual Criminal Enhancements

Colorado sharply increases prison sentences for repeat felony offenders. The habitual criminal statute does not create a separate crime; it enhances the sentence on the current conviction based on prior felonies.¹⁸

Two prior felonies within ten years: the sentence becomes three times the maximum of the presumptive range for the current class. For a Level 1 drug felony, that enhanced sentence is 48 years.
Three prior felonies at any time: the sentence becomes four times the maximum of the presumptive range. A Class 4 felony that normally caps at 6 years then carries up to 24.
Life imprisonment: a defendant convicted of a Class 1 or 2 felony, a Level 1 drug felony, or a Class 3 crime of violence who has two or more prior convictions in those same categories is sentenced to life. Parole eligibility does not begin until at least 40 calendar years have been served.¹⁸

Mandatory Surcharges

Every felony conviction carries a statutory surcharge on top of any fine, and it cannot be waived. Drug felony surcharges are $4,500 for Level 1, $3,000 for Level 2, $2,000 for Level 3, and $1,500 for Level 4. Non-drug felony surcharges range from $1,250 for a Class 6 to $4,500 for a Class 2.¹⁹

When Probation Is Not Available

Probation is barred outright for any Class 1 felony conviction. Beyond that, probation is generally unavailable to anyone with two or more prior felony convictions if the current offense or any prior involves specific serious crimes: first- and second-degree murder, manslaughter, first- and second-degree assault, kidnapping, sexual offenses, first-degree arson, burglary, robbery, or aggravated robbery.⁴ Convicted felons who possessed a firearm and used or threatened to use it while committing another crime are also ineligible.¹⁴

Statute of Limitations for Felony Charges

Colorado sets deadlines for filing felony charges. Once the deadline passes, the case cannot proceed regardless of the evidence. The general limits:

No time limit for murder, kidnapping, treason, sex offenses against a child, and forgery, including attempt or conspiracy versions
Ten years for vehicular homicide combined with leaving the scene of a fatal accident when both arise from the same incident
Five years for vehicular homicide (standalone) and for leaving the scene of a fatal accident
Three years for all other felonies²⁰

The clock pauses while the suspect is outside Colorado, up to five years. It also pauses when the person’s identity is determined through DNA evidence and the crime was reported to law enforcement within ten years of when it occurred.²⁰

What Follows a Felony Conviction

The prison term and fine are only part of the picture. Any person convicted of a felony under Colorado, federal, or another state’s law is prohibited from possessing, using, or carrying a firearm. Violating that ban is itself a Class 5 felony, and if the person uses or threatens to use the firearm while committing another crime, a Department of Corrections prison sentence is mandatory with no probation option.¹⁴

A felony conviction can also affect employment, professional licensing, housing eligibility, and jury service. Class 5 and Class 6 sealing offers a path to limiting public access for lower-level, nonviolent, non-sex offenses, but the waiting periods mean these consequences persist for years after the sentence ends.

1
FindLaw. Colorado Code 18-1.3-401 – Felonies Classified – Presumptive Penalties
2
Justia. Colorado Code 18-3-102 – Murder in the First Degree
3
Colorado General Assembly. SB20-100 Repeal the Death Penalty
4
FindLaw. Colorado Code 18-1.3-201 – Application for Probation
5
Justia. Colorado Code 18-3-103 – Murder in the Second Degree
6
Justia. Colorado Code 18-3-301 – First Degree Kidnapping
7
Justia. Colorado Code 18-4-302 – Aggravated Robbery
8
FindLaw. Colorado Code 18-3-202 – Assault in the First Degree
9
FindLaw. Colorado Code 18-3-106 – Vehicular Homicide
10
Colorado Public Law. Colorado Code 18-3-104 – Manslaughter
11
Justia. Colorado Code 18-3-405 – Sexual Assault on a Child
12
Justia. Colorado Code 18-3-206 – Menacing
13
Justia. Colorado Code 18-8-112 – Impersonating a Peace Officer
14
Justia. Colorado Code 18-12-108 – Possession of Weapons by Previous Offenders
15
Justia. Colorado Code 18-4-401 – Theft
16
Justia. Colorado Code 18-18-405 – Unlawful Distribution, Manufacturing, Dispensing, or Sale
17
Justia. Colorado Code 18-1.3-401.5 – Drug Felony Sentencing
18
Justia. Colorado Code 18-1.3-801 – Punishment for Habitual Criminals
19
Justia. Colorado Code 18-19-103 – Source of Revenues
20
Justia. Colorado Code 16-5-401 – Limitation for Criminal Proceedings