Crimes of
violence are very serious in the state of Colorado. If you are convicted
of a crime of violence, you are looking at the possibility of a lengthy prison
sentence. Depending on the crime, you could be facing mandatory
sentencing. Colorado Revised Statute 18-1.3-406 states the following:
(1) (a) Any
person convicted of a crime of violence shall be sentenced pursuant to the
provisions of section 18-1.3-401 (8) to the department of corrections for a
term of incarceration of at least the midpoint in, but not more than twice the
maximum of, the presumptive range provided for such offense in section
18-1.3-401 (1) (a), as modified for an extraordinary risk crime pursuant to
section 18-1.3-401 (10), without suspension; except that, within ninety days
after he or she has been placed in the custody of the department of
corrections, the department shall transmit to the sentencing court a report on
the evaluation and diagnosis of the violent offender, and the court, in a case
which it considers to be exceptional and to involve unusual and extenuating
circumstances, may thereupon modify the sentence, effective not earlier than
one hundred twenty days after his or her placement in the custody of the
department. Such modification may include probation if the person is otherwise
eligible therefore. Whenever a
court finds that modification of a sentence is justified, the judge shall
notify the state court administrator of his or her decision and shall advise
said administrator of the unusual and extenuating circumstances that justified
such modification. The state court
administrator shall maintain a record, which shall be open to the public,
summarizing all modifications of sentences and the grounds therefore for each
judge of each district court in the state. A person convicted of two or more separate crimes of
violence arising out of the same incident shall be sentenced for such crimes so
that sentences are served consecutively rather than concurrently.
(b)
Notwithstanding the provisions of paragraph (a) of this subsection (1), any
person convicted of a sex offense, as defined in section 18-1.3-1003 (5),
committed on or after November 1, 1998, that constitutes a crime of violence
shall be sentenced to the department of corrections for an indeterminate term
of incarceration of at least the midpoint in the presumptive range specified in
section 18-1.3-401 (1) (a) (V) (A) up to a maximum of the person's natural
life, as provided in section 18-1.3-1004 (1).
(2) (a) (I)
"Crime of violence" means any of the crimes specified in subparagraph
(II) of this paragraph (a) committed, conspired to be committed, or attempted
to be committed by a person during which, or in the immediate flight there from,
the person:
(A) Used, or
possessed and threatened the use of, a deadly weapon; or
(B) Caused
serious bodily injury or death to any other person except another participant.
(II)
Subparagraph (I) of this paragraph (a) applies to the following crimes:
(A) Any
crime against an at-risk adult or at-risk juvenile;
(B) Murder;
(C) First or
second degree assault;
(D)
Kidnapping;
(E) A sexual
offense pursuant to part 4 of article 3 of this title;
(F)
Aggravated robbery;
(G) First
degree arson;
(H) First
degree burglary;
(I) Escape;
or
(J) Criminal
extortion.
(b) (I)
"Crime of violence" also means any unlawful sexual offense in which
the defendant caused bodily injury to the victim or in which the defendant used
threat, intimidation, or force against the victim. For purposes of this subparagraph (I), "unlawful sexual
offense" shall have the same meaning as set forth in section 18-3-411 (1),
and "bodily injury" shall have the same meaning as set forth in
section 18-1-901 (3) (c).
(II) The
provisions of subparagraph (I) of this paragraph (b) shall apply only to felony
unlawful sexual offenses.
(c) As used
in this section, "at-risk adult" has the same meaning as set forth in
section 18-6.5-102 (1), and "at-risk juvenile" has the same meaning
as set forth in section 18-6.5-102 (1.5).
If you or someone you know has been accused of a violent crime, you should call Attorney Steven Franger right now. He will immediately begin protecting your rights and help you fight these charges. Attorney Steven Franger uses his experience as a criminal defense lawyer and as an ex-law enforcement officer to handle all aspects of your case. Preparation of your defense starts the minute you hire him. If you have been charged with a violent crime do not wait, Contact Denver Criminal Defense Lawyer Steven Franger now at (303) 408-1134.