Mandatory Offenses/Sentencing

Under Colorado law, there are many crimes that carry a sentence that requires the judge to place the defendant in prison for a minimum number of years. These are referred to as Mandatory offenses. They are called this because the prison sentence is mandatory, the judge has no choice.

There are many areas where sentences are mandatory, but the biggest areas are 1)the "two felony rule" 2) violent crimes and 3) Weight aggravators in drug crimes

The two felony rule means anyone who has been twice convicted of a felony is no longer eligible for probation. Prison is not the only option here, as the judge can sentence the Defendant to community corrections or some type of treatment program, but probation is no longer an option unless the District Attorney waives that rule. Our firm's attorneys have been able to convince prosecutors to waive that rule, thus making our client eligible for probation, and successfully arguing to the judge that probation was a good option. We did that by sitting down with our client and going over several things he should be doing, long before the sentencing hearing, so that he will look good at the sentencing hearing.

Violent crimes are listed in the statute and are generally, any crime that involves the use of a deadly weapon or serious bodily injury. These crimes have very severe punishments in that the Court can sentence up to twice the normal maximum. The minimum sentence is higher than the normal, or presumptive, minimum and it is a mandatory sentence to prison. In addition, crimes of violence must be consecutive to any other sentence.

While most drug crimes are not mandatory offenses, if there is a high amount of drugs found by the police, it can be mandatory prison. This area of the law is very complex and constantly changing. If you find yourself in a situation where you have been charged with a weight aggravator, contact one of our experienced attorneys for advice.

To find out more about mandatory sentencing, contact our firm by calling 303-872-0941 or 866-473-1394. We offer a free consultation.