Crimes that are considered crimes of violence in Colorado carry much longer prison sentences than similar offenses in the same felony category that are not classified as violent offenses. And while a skilled Loveland criminal defense lawyer may be able to get the prosecution to agree to a plea bargain with no incarceration time or a minimal sentence, crimes of violence in Loveland, Colorado have mandatory sentences attached to them.
If you are facing a crime of violence charge, you can’t trust your case to a public defender who might not have the time necessary to devote to building a strong case on your behalf. Attorney Sean P. Harrell is a former prosecutor, so he knows how the other side builds their cases and how to challenge them. Contact the Loveland violent crimes attorney at The Harrell Law Firm, PLLC today to schedule a confidential consultation. Call (970) 791-2006 or contact us online.
What Are Violent Crimes in Loveland, Colorado?
Crimes of violence are defined under Colorado law (§ 18-1.3-406) as any of the following:
- First-degree assault
- Second-degree assault
- Aggravated robbery
- First-degree burglary
- First-degree arson
- Criminal extortion
- First or second-degree unlawful termination of a pregnancy
- A crime committed against an at-risk adult or juvenile
This includes the actual commission, attempt, or conspiracy to commit any of the offenses outlined above. However, the offense is only considered a crime of violence if the defendant used, possessed, or threatened to use a deadly weapon or caused death or serious bodily injury to the victim while committing the crime or in immediate flight from it.
Sex crimes can also be considered a crime of violence and do not require a showing of having a weapon or causing serious bodily injury to be considered as such. Instead, an unlawful sexual offense can be considered a crime of violence if the defendant caused bodily injury to the victim or used threat, intimidation, or force against them.
Possible Penalties for Violent Crimes
The potential penalties for a conviction of a crime of violence are more severe for violent crimes than for the same crimes that are not considered violent. If a person is convicted of a crime of violence, the prison sentence they receive must be at least the midpoint in the sentencing range and can be as much as twice the regular maximum sentence as an extraordinary risk crime in the classification of a felony.
For example, say you got into a bar fight with someone. Assault would typically be considered an extraordinary risk class 4 felony with a potential sentence of two to eight years in prison. However, you used a broken bottle during the fight, determined to be a deadly weapon. You are convicted of a crime of violence. The mandatory minimum sentence you must serve is five years, which falls directly halfway between the bottom two years and the top eight years of the sentencing range. The maximum you could be sentenced to in this case would be sixteen years since that is twice the maximum presumptive sentence range. You would now be facing a possible sentence between five and sixteen years, rather than the potential two to eight years you would have faced had the offense not been considered a crime of violence.
For violent sex crimes, the defendant is subject to indeterminate sentencing.
Contact the Loveland Violent Crimes Attorney for Immediate Assistance
Crimes of violence can result in significant penalties, so it’s vital to take these charges seriously. Our Loveland violent crimes attorney Sean P. Harrell can help build your defense against these charges. Contact us online or call (970) 791-2006 today to get started.