Colorado Springs Violent Crime attorneys
What is a crime of Violence?
In Colorado, all criminal offenses are concern to a number of consequences that a judge might also impose following conviction. If the district lawyer fees you with the Crime of Violence sentence enhancer, you will face significantly multiplied penalties. Dealing with a criminal offense of Violence can be a daunting experience, especially in case you are uncertain about what it includes. The following content addresses the fundamentals of the Crime of Violence sentence enhancement. For specifics details about your case, please contact us through the form on this page.
Enhanced penalties for a crime of Violence
Whilst someone is convicted of a felony in Colorado, the presiding judge will generally have the option to sentence the man or woman to probation, community corrections, or the department of corrections for a period in the presumptive variety of penalties. The “presumptive variety of penalties” differs based on how the offense was categorized.
If the individual was convicted of a felony and the jury finds that the offense was committed as a criminal offense of Violence, the presiding judge loses nearly all discretion in sentencing. First, the judge cannot sentence that man or woman to probation or community corrections and should sentence the man or woman to the department of corrections. Second, the variety of possible penalties will increase. The judge must sentence the individual to as a minimum the midpoint of the presumptive variety, however can also sentence the man or woman to a term as great as double the maximum of the presumptive range. Eventually, the person will not be eligible for parole till he/she has served 75% of the sentence in place of 50%, that is the typical factor in a sentence for parole eligibility.
As soon as sentenced to the department of corrections, the sentence cannot be suspended and the man or woman can be remanded to the custody of the department of corrections. The judge will, however, have the potential to modify the sentence. In cases the judge considers to be first rate and involving unusual and extenuating situations, the judge can reduce the sentence to a lesser sentence, to consist of probation if the individual is otherwise eligible for probation. This sentence change and discount can end up effective 119 days after being sentenced.
Constitutionality of Crime of Violence Enhancement
The constitutionality of the Crime of Violence sentence enhancement has previously been challenged primarily based on the separation of powers doctrine, the identical protection clause, and the double jeopardy clause. See people v. Childs, 610 P.2d 101 (Colo 1980); people v. Goodman, 733 P.2nd 1204 (Colo. 1987). The ultimate court of Colorado has again and again upheld the constitutionality of the Crime of Violence statute.
When a criminal offense of Violence Is Charged
There are components that must be present for someone to be prone to a crime of Violence enhancement. The first element is the alleged offense itself. the subsequent offenses are subject to a crime of Violence enhancement:
first- or second-degree assault,
a sexual offense pursuant to Colorado Revised Statutes § 18-3-401 through § 18-3-417,
criminal extortion, or
first- or second-degree illegal termination of pregnancy.
Moreover, any illegal sexual offense, pursuant to Colorado Revised Statute § 18-3-411, wherein the accused caused physical harm to the victim or used threats, intimidation, or pressure against the victim, is also a criminal offense of Violence.
The second aspect to a criminal offense of Violence is that in the commission conspiracy try to commit the offense or inside the instant flight from the offense. a person makes use of a lethal weapon possesses and threatens the use of a deadly weapon and/or causes severe physical injury or death to any man or woman except another participant in the offense. If these two factors are present, then a person can also face a crime of Violence sentence enhancement.
There may be an additional sentence enhancement within the Crime of Violence statute. If the lethal weapon is a “dangerous weapon” pursuant to Colorado Revised Statute § 18-12-101 and § 18-12-102, or a semiautomatic attack weapon, described as a semiautomatic center fire firearm that is equipped with a removable mag with a capacity of twenty or extra rounds of ammunition, the sentence may be greater similarly. If a jury finds that a crime of Violence happened and the indictment or information alleges that the lethal weapon was a dangerous weapon or a semiautomatic assault weapon, the judge shall impose an additional sentence of five years to the department of corrections. This 5-year time period could be in addition to the mandatory sentence imposed for the offense, and should be served consecutively.
If charged with a criminal offense of Violence, speak to us right now
If the district lawyer intends to pursue the Crime of Violence enhancement, the accused is entitled to notice. The felony indictment or records must indicate that the state is pursuing the Crime of Violence enhancement. The submitting of the sentence enhancement is commonly carried out at the first appearance, or submitting of charges date. While that is regular, the district lawyer can amend the records or indictment to consist of the sentence enhancement later if he/she feels that the allegations set up probable purpose that the factors of a crime of Violence are satisfied.
A criminal offense of Violence is a severe allegation. If you or a loved one is charged with a sentence enhancement, you require a skilled and knowledgeable Colorado Springs defense attorney on your side. Our team has decades of mixed experience defending the accused. Call today to set up an appointment to talk about your options and possible defenses.