After being convicted of a crime, sentencing can be scary and overwhelming. The decision the judge makes regarding your sentence will have a substantial effect on your life. This decision can mean the difference between jail time and a fine, or a permanent criminal record or none.
Several factors have an impact on how sentences are determined. Of course, the specific details of the crime committed are considered, such as the risk to public safety, use of force or violence, and impact on the victim or victims. However, the criminal defense attorneys at Wolf Law LLC have seen how mitigating factors have significantly reduced sentences in our clients’ criminal cases.
In this article, we will take a closer look at how the Colorado sentencing guidelines affect the way sentences are determined, what mitigating factors are, and how they can be used to ensure you get a fair sentence. It is our hope that this article answers a lot of your questions, but please don’t hesitate to get in touch to ask us anything.
How Sentences Are Determined in Colorado
Like many states, Colorado has put sentencing guidelines into place as a framework for sentencing both misdemeanors and felonies. These sentencing guidelines have been beneficial in establishing fair procedures during the sentencing phase and eliminating unjustified disparity.
Although judges consider these guidelines when deciding a sentence, there is a lot of leeway, and judges are able to use their discretion when applying them to a case.
Here is the current penalty scheme for misdemeanors (not including drug or traffic offenses):
- Class 1 (extraordinary risk of harm): 6 months, $500 fine, or both to 24 months, $5,000 fine, or both
- Class 1: 6 months, $500 fine, or both to 18 months, $5,000 fine, or both
- Class 2: 3 months, $250 fine, or both to 364 days, $1000 fine, or both
- Class 3: $50 fine or 6 months, $750 fine, or both
- Class 1 Traffic Offense: 10 days, $300 fine, or both, to 364 days, $1,000 fine, or both
- Class 2 Traffic Offense: 10 days, $150 fine, or both, to 90 days, $300 fine, or both
The current penalty scheme for felonies (not including drug felonies) is:
- Class 1: Life imprisonment
- Class 2 (crime of violence): 16 years, $5,000 fine, or both to 48 years, $1,000,000 fine, or both
- Class 2: 8 years, $5,000 fine, or both to 24 years, $1,000,000 fine, or both
- Class 3 (crime of violence): 10 years, $3,000 fine, or both to 32 years, $750,000 fine, or both
- Class 3 (extraordinary risk of harm): 4 years, $3,000 fine, or both to 16 years, $750,000 fine, or both
- Class 3: 4 years, $3,000 fine, or both to 12 years, $750,000 fine, or both
- Class 4 (crime of violence): 5 years, $2,000 fine, or both to 16 years, $500,000 fine, or both
- Class 4 (extraordinary risk of harm): 2 years, $2,000 fine, or both to 8 years $500,000 fine, or both
- Class 4: 2 years, $2,000 fine, or both to 6 years $500,000 fine, or both
- Class 5 (crime of violence): 30 months, $1,000 fine, or both to 8 years, $100,000 fine, or both
- Class 5 (extraordinary risk of harm): 1 year, $1,000 fine, or both to 4 years, $100,000 fine, or both
- Class 5: 1 year, $1,000 fine, or both to 3 years, $100,000 fine, or both
- Class 6 (crime of violence): 18 months, $1,000 fine, or both to 4 years, $100,000 fine, or both
- Class 6 (extraordinary risk of harm): 1 year, $1,000 fine, or both to 2 years, $100,000 fine, or both
- Class 6: 1 year, $1,000 fine, or both to 18 months,$100,000 fine, or both
Sentences may include a fine instead of a prison sentence. This option is only allowed for the first felony offense committed by a person. If someone were to commit a second or subsequent felony, his or her sentence must be at least the minimum prison sentence.
Despite these sentencing guidelines, there are many alternatives to prison, including deferred prosecution, deferred sentencing, probation, and community corrections. Some of these sentencing alternatives offer a person the potential of having his or her criminal record sealed. This can be life-changing, since criminal convictions often impact a person’s ability to seek and maintain employment, housing, and education.
Clearly, the decision made by the judge during sentencing can have a significant impact on an individual’s life and future prospects. While the criminal defense lawyers at Wolf Law LLC cannot guarantee a specific sentence, we fight for our clients’ interests and pursue the legal options available for a just sentence in your criminal case. Contact us to learn more about what we can do for you.
Aggravating vs. Mitigating Factors
The sentencing judge must consider all relevant factors to decide on a fair and just sentence. This includes analyzing all relevant aggravating and mitigating factors.
Aggravating factors
As the name suggests, aggravating factors can increase sentence length and severity for criminal offenses. These may be used by the prosecution to prove that the individual deserves to have a harsher sentence imposed.
Some examples of aggravating circumstances include:
- Prior convictions
- Involvement in organized crime
- Targeting a vulnerable population
Mitigating factors
Mitigating factors are not used to excuse or minimize criminal conduct, but rather to provide a complete picture of the individual’s character and circumstances.
Mitigating circumstances can result in:
- Reduced sentencing
- Alternative sentencing options
- Higher likelihood of parole and probation
When deciding on an appropriate sentence, the judge will consider both aggravating and mitigating factors. If there are little or no aggravating circumstances in a crime, the judge will likely be inclined to leniency. However, when there are several aggravating circumstances, it becomes even more essential for a criminal defense attorney to identify and utilize mitigating factors effectively.
A well-designed criminal defense strategy can use mitigating factors to counteract any aggravating factors that are present for a fair sentence. Talk to the team at Wolf Law LLC to learn about the methods we use.
Types of Mitigating Factors and How to Prove Them
The criminal justice system was designed not only to punish criminal acts but also to promote rehabilitation and fair and consistent treatment. Criminal defense attorneys use mitigating factors to ensure this happens.
Experienced criminal defense lawyers know how to effectively use mitigating circumstances to motivate the sentencing judge to offer a lighter sentence.
Some common mitigating factors include remorse, lack of a prior record, rehabilitation efforts, voluntary cooperation, mental health considerations, and personal circumstances.
Genuine remorse
One important factor the judge will consider when deciding a sentence is whether the individual shows genuine remorse. When a person takes personal responsibility for his or her actions, this shows the court that there is a lower risk of recidivism, or a re-offense.
Depending on the nature of the offense, this may be demonstrated by offering a written or verbal apology to the wronged party or restitution for what was lost.
Lack of prior criminal record
Another important factor that should be considered is whether this was a first-time offense. The lack of prior convictions can show that the individual does not habitually break the law; it can be used to prove that he or she is generally a law-abiding citizen who just made a mistake.
Sentences are often lighter for first-time offenders to promote rehabilitation.
Rehabilitation efforts
A judge will often look at what changes a person has already made and what he or she plans to do in the future that will reduce his or her chances of recidivism.
Depending on the nature of the offense and the individual’s personal circumstances, this may include:
- Enrollment in a drug or alcohol treatment or rehab program
- Enrollment in personal or family counseling
- Enrollment in anger management classes
These actions can prove that a person is trying to improve his or her life and doesn’t want to fall into the same behavior again. Our criminal defense attorneys can point to these relevant factors to argue for a more lenient sentence.
Cooperation with law enforcement
An individual’s level of cooperation with law enforcement may also impact sentencing. This can be used to prove to the judge and the court that the person is trustworthy and is likely to follow through with court-sanctioned limitations or activities.
Cooperation can be proven by assisting in police investigations, testifying against individuals involved in a crime, or providing useful information to law enforcement agencies.
Mental health problems
A person’s mental and emotional health issues may be presented as mitigating circumstances during the sentencing phase. Mental and emotional problems can affect a person’s ability to control his or her actions and understand the gravity of the crime.
Personal circumstances
While not excusing the criminal action, an individual’s personal circumstances can provide insight into why a person acted a certain way.
The sentencing judge may consider factors such as:
- The individual’s personal life: Were there extenuating family, social, or workplace stressors that were at play? Does the person have strong family support in place?
- The individual’s childhood: What was his or her upbringing like? Were abuse or traumatic circumstances present at home?
- The individual’s education status: What level of education has the individual received? Does he or she suffer from any learning or developmental disabilities?
- The individual’s substance abuse issues: Does the person struggle with substance abuse issues? Is he or she willing and able to address these concerns?
Call the Defense Attorneys at Wolf Law Today for Help With Your Criminal Case
If you are facing criminal charges, you need an experienced, trustworthy legal team on your side. At Wolf Law LLC, we believe that everyone deserves appropriate representation. That is why we are committed to offering high-quality, compassionate representation to all of our clients. Our criminal defense lawyers are communicative and provide our clients with the personal attention they need during this stressful and overwhelming time.
Our law firm is experienced with Colorado law and how sentencing guidelines impact sentencing for criminal offenses. We know how to effectively use mitigating factors to fight for an appropriate sentence that reflects our clients’ circumstances and background.
We are available to answer your questions or concerns and provide insight into the legal processes of the Colorado criminal justice system or sentencing guidelines. Contact us today or call 720.479.8574 for a free initial consultation and legal guidance.
