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Month: December 2025

The Most Common Felony Crimes in Colorado

Posted on by susandeschler

đź’ˇKEY TAKEAWAYS

  • Felonies are serious crimes: punishable by more than one year imprisonment and capable of impacting your career, housing, and civil rights.
  • Colorado classifies felonies by severity: Classes 1–6 carry specific prison terms, fines, and parole requirements, with common examples including theft, assault, burglary, and drug offenses.
  • Experienced attorneys can influence outcomes, reduce charges, and help protect your future.

 

Perhaps you found yourself in an unfortunate situation and are now facing drug possession charges. Maybe a disagreement escalated quickly, and now you are looking at real jail time for assault. Regardless of the accusation or circumstances, you are looking at a felony charge that could alter your life. Everything feels at risk, from your career and housing to your family and freedom.

What is considered a felony? If you are trying to understand your charges, you are not alone. The answers are more than just definitions. Knowing the most frequently charged felonies and their definitions in Colorado is the first step toward protecting your future.

This post explains the legal classification of a felony, outlines the penalties you could face, and lists some common felony examples.

What Is a Felony Charge?

Simply put, a felony is a criminal offense that is punishable by more than one year in state prison. Felonies are more serious crimes than misdemeanors or infractions, and they can have long-lasting legal, personal, and financial consequences.

Colorado categorizes felonies into six levels, from Class 1 to Class 6, with Class 1 being the most serious. There are also four categories of felony drug convictions, with class 4 being the least serious.

Does Colorado Have the Death Penalty?

In 2020, Colorado abolished the death penalty, also known as capital punishment. The prosecution will no longer sentence individuals to death, regardless of the severity of their crimes. Instead, those convicted will serve life in prison without the possibility of parole.

Felony Examples

Not all felonies are violent, and not all are obvious. Here are some of the most common examples of felony charges in Colorado, ranging from theft to assault to drug-related crimes.

Felony Theft

When someone is accused of stealing property valued at $2,000 or more, it becomes a felony. Penalties increase with the value of the stolen items, and aggravated theft can result in years behind bars.

Assault in the Second Degree

This charge applies when a person deliberately inflicts physical harm on another person using a weapon or while committing another crime. The penalties range from two to six years in prison with mandatory parole.

Burglary

Unlawfully entering a building with intent to commit a crime, especially if it involves theft, assault, or arson, can lead to felony burglary charges. The level of felony depends on whether the building was occupied and whether weapons or threats were involved.

Drug Possession or Distribution

Possession of certain controlled substances, especially Schedule I and II drugs, can be charged as a felony, even in relatively small quantities. Mandatory sentencing involving harsher penalties applies when charged with possessing drugs with the intent to distribute (sell) them to others.

Vehicular Assault or Homicide

Driving under the influence or recklessly causing serious injury or death while operating a vehicle can result in felony vehicular assault or homicide. These charges can result in losing your driving privileges and long periods of incarceration.

Each of these felonies has its complexities, with the outcome depending on the evidence, your criminal history, and the defense strategy you employ.

What Is Considered a Felony as Opposed to a Misdemeanor?

So, what is considered a felony compared to a misdemeanor?

  • Felonies—crimes that typically involve harm to persons, large financial loss, or significant social danger, that are punishable by more than one year in prison; and
  • Misdemeanors—punishable by up to 364 days in jail, often involving less severe harm or lower-value property.

Sentencing for Felony Convictions in Colorado

Felony convictions are classified by class, with each class carrying a specific prison sentence based on the state’s felony sentencing structure:

  • Class 6 felony—12 to 18 months in prison;
  • Class 5 felony—1 to 3 years in prison;
  • Class 4 felony—2 to 6 years in prison;
  • Class 3 felony—4 to 12 years in prison;
  • Class 2 felony—8 to 24 years in prison; and
  • Class 1 felony—life imprisonment.

Each class includes potential fines, mandatory parole, and sentencing enhancements based on criminal history or aggravating circumstances.

Additional Consequences Beyond Prison

Felony convictions do not just affect you while you play out the criminal justice process—they affect where you live, how you earn a living, and your basic civil rights for years to come. If convicted, you may face:

  • Loss of certain civil rights, including the right to vote and firearms ownership;
  • Employment barriers because many employers conduct criminal background checks;
  • Housing challenges since landlords may deny applications from individuals with felony records;
  • Professional licenses may be denied or revoked, impacting healthcare, legal, medical, and real estate careers; and
  • For non-citizens, felony convictions can lead to immigration consequences, including deportation.

Because these charges are so severe, consulting an attorney early can make a meaningful difference in the outcome of your case and your life.

Why Coloradans Trust The Law Offices of Susan Deschler

When your future is on the line, you need legal defense grounded in deep experience and personal commitment. Attorney Susan Deschler has over 24 years of legal experience, including time spent as a deputy district attorney and court commissioner. She brings a full-circle perspective to criminal law, understanding how prosecutors think and how courts respond.

Clients trust Susan Deschler because:

  • They speak directly with her, not junior associates or staff;
  • She personally prepares every case, large or small;
  • She has handled a wide range of felony cases throughout Colorado; and
  • Her courtroom presence is confident, strategic, and driven by compassion.

Your story matters. Your defense should reflect that.

You Cannot Change the Past. But You Can Control What Happens Next

With the right legal strategy and support, you can fight back, pursue a reduced charge, or even avoid a conviction entirely. With The Law Offices of Susan Deschler, you receive the experience, clarity, and dedication necessary to confront felony charges with strength.

Do not face this alone. Contact our law office today to build your defense and protect your future.

FAQs

Can a Felony Charge Be Reduced to a Misdemeanor?

Yes, depending on the specific offense and circumstances. With legal representation, it is possible to reduce some felony charges to misdemeanors, especially for first offenses or non-violent crimes.

Will a Felony Show Up On Background Checks?

Yes. Felony convictions typically appear on background checks and can affect employment and housing, unless sealed by court order.

Can I Vote If I Have a Felony Conviction In Colorado?

In Colorado, your right to vote is restored after serving your sentence, including any parole.

Resources:

  • Crime Classification Guide (2024). Legislative Council Staff
  • 2nd degree assault. CRS §18-3-203
  • Vehicular assault. CRS §18-3-205
  • Vehicular homicide. CRS §18-3-106
  • Drug possession. CRS §18-18-403.5

How to Prove Self-Defense When Facing an Assault Charge

Posted on by susandeschler

đź’ˇKEY TAKEAWAYS

  • You can be charged even if you acted in self-defense: Being hit first does not automatically prevent assault charges; law enforcement may still pursue a case if your response appears excessive.
  • Self-defense requires specific legal elements: Your actions must be reasonable, proportionate, and in response to an imminent threat, with no duty to retreat under Colorado law.
  • Strong evidence and legal counsel are crucial: Documenting events, preserving evidence, and working with an experienced attorney can significantly strengthen your defense and protect your rights.

 

You defended yourself from harm, and now you are facing an assault charge in Colorado. You are likely confused, frustrated, and overwhelmed, especially if you believe your actions were necessary. Can you be charged with assault if you were hit first? The short answer is yes, the prosecutor can still charge you with assault. However, that does not mean you do not have a strong legal defense.

Understanding how self-defense works under Colorado law can make the difference between a conviction and a dismissal. Here is what you need to know to protect your rights and take action toward clearing your name.

What to Know About Self-Defense

In Colorado, self-defense is recognized as a legal justification for using physical force when necessary to protect yourself or others from immediate harm. You are justified or lawful in using physical force if:

  • You reasonably believe that such force is needed to protect against the imminent use of unlawful physical force,
  • The response and amount of force used are proportionate to the threat presented, and
  • You were in a place where you had a legal right to be (Colorado has no legal duty to retreat).

These three elements—reasonable belief, imminence, and proportionality—form the foundation of a successful self-defense claim.

Steps to Take If You Are Facing Assault Charges

If you believe you acted in self-defense, take these steps immediately:

  • Contact an experienced attorney. Work with a criminal defense attorney who understands the nuances of Colorado’s self-defense and assault laws. It is best if the lawyer you choose has significant experience and a good track record in this area.
  • Write everything down. Document your recollection of events, including who initiated the conflict, the timing, and who witnessed it.
  • Preserve evidence. Keep anything that could support your claim, including damaged clothing, photos of injuries, video footage, or objects involved.
  • Identify witnesses. Get the names and contact information of anyone who saw what happened.
  • Say less, not more. Avoid discussing the incident with others or on social media. Even casual comments can be used against you.

These actions strengthen your credibility and help your attorney build a solid defense.

Colorado Assault Charges

Colorado divides assault into three degrees, each with escalating severity:

  • First-degree assault—when someone intentionally causes serious bodily injury using a deadly weapon;
  • Second-degree assault—involves intentionally or recklessly causing bodily harm and often includes cases where the victim is a protected individual, such as a law enforcement officer; and
  • Third-degree assault—when a person knowingly or recklessly causes bodily injury to another or negligently causes injury with a deadly weapon.

Each assault charge, regardless of severity, can lead to jail time, fines, and a permanent criminal record. However, self-defense may apply if the force used was reasonable and necessary under the circumstances.

Can You Be Charged with Assault If You Were Hit First?

Yes, you absolutely can. Law enforcement may still arrest and charge you if they believe your response went beyond what was necessary or if witness accounts conflict. The initial act of being struck does not automatically excuse your use of force.

The complexities of Colorado’s legal standards make it necessary to work with a knowledgeable self-defense attorney.

How to Prove Self-Defense

Asserting self-defense means that you are not contesting the fact that you made contact with the other person. You are stating that you were justified. To prove your actions were legally justified, your attorney will focus on demonstrating key facts. These may include:

  • Witness testimony. Neutral observers can confirm who started the altercation and how it unfolded.
  • Physical evidence. Damaged clothing, bruises, or injuries from defending yourself may help explain your actions.
  • Video footage. Security cameras or mobile phone videos can clearly show how the confrontation unfolded.
  • Expert testimony. Medical professionals or use-of-force experts can explain why your actions were reasonable under the circumstances.

Using this affirmative defense means that your lawyer must present such evidence to establish that your actions were necessary and lawful. The prosecutor must refute the claims of justification and prove that you are guilty beyond a reasonable doubt.

Can You Be Charged with Assault for Defending Yourself?

Yes, and it happens more often than you might expect. When facts are unclear, police may choose to arrest both parties, assuming that further investigation is needed. Legal representation is crucial in such cases, even if you did not start the fight.

What Happens If Both People Claim Self-Defense?

In these cases, the outcome often depends on witness testimony, video evidence, and the credibility of each version of events.

What Can Impact Your Self-Defense Claim

Certain factors can weaken or invalidate self-defense claims, including:

  • You were the initial aggressor. If you started the altercation, self-defense may not apply unless you clearly withdrew and the other person continued the attack.
  • You engaged in mutual combat. If you willingly agreed to fight or escalate the situation, your claim may not be considered valid.
  • You used deadly force unnecessarily. Lethal force is only allowed when you reasonably believe you are facing death or serious bodily harm.

Understanding how these factors affect your self-defense claim is key to building a viable legal defense.

Understanding Colorado’s “Make My Day” Law

Under the state’s “Make My Day” law, you may use deadly force against an intruder who unlawfully enters your home or occupied vehicle if you reasonably believe they intend to commit a crime and use any level of physical force. However, this law has some limitations:

  • The law applies only inside your dwelling,
  • It does not apply in public places or businesses, and
  • You must reasonably believe that force is necessary to prevent a crime.

Additionally, the law does not protect against the use of deadly force if the intruder is a law enforcement officer performing their duties.

Attorney Susan Deschler Can Help

With over 20 years of courtroom and prosecutorial experience, Attorney Susan Deschler brings valuable insight to every case she handles. As a former Deputy District Attorney and Court Commissioner, she knows how Colorado prosecutors build assault cases and how to dismantle them. Clients rely on our firm because:

  • You will work directly with Susan, not be passed off to junior staff;
  • She brings a full-circle view of the criminal justice system;
  • Her defenses are strategic, thorough, and based on real-life experience; and
  • She understands the emotional weight of facing criminal charges for trying to protect yourself.

The Law Offices of Susan Deschler has helped countless clients clarify their stories and push back against unfair or overreaching assault charges. Contact us today to discuss your case in a confidential, judgment-free consultation.

Resources:

  • First-degree assault. C.R.S. § 18-3-202, link.
  • Second-degree assault. C.R.S. § 18-3-203, link.

Can Traffic Violations Lead to Criminal Charges?

Posted on by susandeschler

đź’ˇKEY TAKEAWAYS

  • Traffic violations vary: Minor infractions lead to fines and points, while serious offenses like DUI, reckless driving, and hit-and-run can be misdemeanors or felonies.
  • Serious charges have lasting consequences: Criminal traffic convictions may result in jail, fines, license suspension, and a permanent record.
  • Legal guidance matters: Early consultation with an experienced attorney can help protect your record, driving privileges, and future opportunities.

 

In Colorado, not all traffic violations are equal. Some result in a simple fine, while others may lead to arrest, prosecution, and jail time. The difference depends on how the law defines the conduct and the level of danger it creates for others on the road.

You may be wondering, Is a traffic violation a crime? The answer depends on the facts and circumstances. Colorado places violations into two categories: infractions and criminal traffic offenses. Infractions, such as minor speeding, are civil—not criminal—and typically lead to fines without the risk of jail. Criminal traffic offenses, however, are more serious. Charges like reckless driving, DUI, vehicular assault, or hit-and-run fall into this category and may be filed as misdemeanors or felonies.

When charged with one of these offenses, the penalties can stretch far beyond a standard ticket. A conviction can affect your record, suspend your license, and limit future opportunities. This article outlines how Colorado law approaches different traffic violations and when they rise to the level of a criminal charge.

What Is a Traffic Conviction?

A traffic conviction is the final outcome of a legal proceeding—not the ticket itself. When you receive a summons it represents a formal accusation, not a finding of guilt. A conviction only occurs after a guilty plea or a guilty verdict at trial.

Convictions can carry different consequences depending on the offense. More serious charges—like DUI or vehicular assault—create a permanent criminal record and may lead to imprisonment, fines, probation, and loss of driving privileges. Lesser convictions may not result in jail time, but can still add points to your license or raise your insurance rates.

The long-term impact of a conviction often depends on how the court categorizes the offense. Some convictions, even for traffic-related conduct, qualify as misdemeanors or felonies. Others may seem minor but still count toward habitual offender status if you have repeated charges. That is why reviewing the charge and the possible penalties before entering any plea is essential.

Is a Traffic Violation a Criminal Offense?

Not all traffic violations rise to the level of a criminal offense. In Colorado, minor violations—like failing to yield or forgetting to signal—are civil infractions. These do not carry jail time or appear on your criminal record. However, they may still result in fines, DMV points, and higher insurance premiums.

Criminal traffic offenses, by contrast, involve behavior that endangers others. Examples include reckless driving, hit-and-run incidents, and speeding 25 over the limit. These actions are treated as misdemeanors or felonies and prosecuted through the criminal court system. A conviction for one of these offenses may have more serious consequences than a simple fine.

Understanding where your charge falls on this spectrum helps you make wiser choices. The label—infraction or criminal offense—will shape both your legal options and the potential outcome of your case.

Common Traffic Offenses That Can Lead to Criminal Charges

Some traffic violations go beyond simple summons and trigger criminal prosecution. Colorado law treats these offenses seriously due to the threat to public safety they pose. If you are charged, you may face jail time, license suspension, and a permanent criminal record.

Reckless Driving

Reckless driving involves operating a vehicle with willful or wanton disregard for the safety of others or property. This is not a minor mistake—it is considered a Class 2 misdemeanor traffic offense. A conviction can lead to jail time, steep fines, and eight points on your driving record. It may also increase your insurance premiums, trigger a license suspension for habitual offenders, and limit future opportunities that require a clean driving or criminal history. Courts tend to treat these cases seriously, especially when the conduct involves excessive speed, aggressive maneuvers, or endangers pedestrians and other drivers.

Driving Under the Influence (DUI)

Driving under the influence of alcohol, drugs, or a combination of both is a criminal offense in Colorado. Depending on what offense number it is, involves injury, or includes aggravating factors like a high blood alcohol content, DUI charges may be classified as misdemeanors or felonies. Penalties may include mandatory jail, license revocation, substance abuse treatment, and probation.

Understanding which traffic offenses carry criminal penalties helps you assess the seriousness of your situation. While infractions may result in fines or points, criminal charges demand a different level of attention. If you face one of these offenses, you must respond quickly to protect your record, freedom, and driving privileges. An experienced Colorado traffic offense lawyer can help advise you on what is at stake and how to best defend against the allegations. 

Protect Your Record

If you have been cited for a serious traffic offense, it may be more than just a ticket—it could be a criminal charge with lasting consequences. Jail time, license suspension, and a permanent mark on your record could all be on the line. At The Law Offices of Susan Deschler, we understand how much is at stake, and we are prepared to protect your rights at every step of the process. Contact us today to discuss your case and take the first step toward protecting your rights and your future. We take a strategic approach to every case we handle, customizing our representation to the specific facts of your case.

The Law Offices of Susan Deschler
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