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Colorado Sentencing Chart: Felony & Misdemeanor Penalties

Colorado sentencing at a glance: Felonies range from class 6 (1–18 months) to class 1 (life). Drug felonies run on a separate DF1–DF4 scale. Misdemeanors top out at 364 days (M1) or 120 days (M2), and petty offenses at 10 days. Three modifiers change everything: extraordinary-risk designation raises the maximum, a crime-of-violence finding forces a mandatory prison sentence of at least the range’s midpoint, and habitual offender counts multiply the maximum up to four times. Every number below is verified against the current post-SB21-271 statutes.

Colorado rewrote its criminal classification system effective March 1, 2022 (SB 21-271), and most sentencing charts online still mix old and new law. This chart reflects the current system only. Ranges below are presumptive — where a case actually lands inside (or outside) them is a function of aggravation, mitigation, plea posture, and the modifiers explained after the tables.

Colorado Felony Sentencing Chart (§ 18-1.3-401)

ClassPrison (DOC)Mandatory ParoleFine Range
F1Life imprisonmentNone
F28 – 24 years5 yrs (crime of violence) / 3 yrs$5,000 – $1,000,000
F34 – 12 years3 years$3,000 – $750,000
F42 – 6 years3 years$2,000 – $500,000
F51 – 3 years2 years$1,000 – $100,000
F61 year – 18 months1 year$1,000 – $100,000

Mandatory parole follows the prison term and cannot be waived — a “2 to 6” F4 sentence is really that term plus three years of parole supervision.

Drug Felony Sentencing Chart (§ 18-1.3-401.5)

LevelPresumptiveAggravatedParoleFine Range
DF18 – 32 years3 years$5,000 – $1,000,000
DF24 – 8 years8 – 16 years2 years$3,000 – $750,000
DF32 – 4 years4 – 6 years1 year$2,000 – $500,000
DF46 months – 1 year1 – 2 years1 year$1,000 – $100,000

Misdemeanor & Petty Offense Chart (§ 18-1.3-501, § 18-1.3-503)

ClassMax JailMax Fine
M1364 days$1,000
M2120 days$750
DM1 (drug)Up to 180 days (with probation up to 2 yrs), or straight jail up to 180 days; 364 days for a 3rd+ offense$1,000
DM2 (drug)Up to 120 days (with probation up to 1 yr); 180 days for a 3rd+ offense$500
Petty Offense10 days$300

Two details worth knowing: the M1 maximum is deliberately 364 days — not 365 — to keep Colorado misdemeanors below the federal one-year threshold that triggers immigration consequences; and misdemeanor time is served in county jail, not state prison. Petty offenses are genuinely criminal — many sources wrongly describe them as fine-only, but § 18-1.3-503 authorizes up to 10 days in jail.

The Three Modifiers That Change the Chart

Extraordinary-Risk Crimes (§ 18-1.3-401(10))

Designated offenses — including child abuse, stalking, aggravated robbery, drug distribution under § 18-18-405, second-degree assault by strangulation, and every crime of violence — carry an increased maximum: F3 becomes 4–16 years, F4 becomes 2–8, F5 becomes 1–4, and F6 becomes 1–2.

Crimes of Violence (§ 18-1.3-406)

When a deadly weapon was used (or possessed and threatened) or the offense caused serious bodily injury or death, sentencing becomes mandatory: at least the midpoint of the extraordinary-risk-adjusted range, up to twice the maximum, served in the Department of Corrections. That is why first-degree assault — a class 3 felony on paper — carries 10 to 32 years in practice. For offenses on or after July 1, 2023, multiple crimes of violence from the same incident run consecutively.

Habitual Offender (§ 18-1.3-801)

Prior felony convictions multiply the current sentence: three times the presumptive maximum with two qualifying priors in ten years; four times the maximum with three or more priors from separate episodes; and life (40-year parole eligibility) for a third qualifying conviction at the F1/F2/F3-crime-of-violence level.

The Domestic Violence Enhancer

Domestic violence is not a separate crime in Colorado — it is an enhancer (§ 18-6-801) that attaches to any offense committed against an intimate partner. It does not change the offense class, but it adds mandatory treatment, a mandatory protection order, firearms prohibition and relinquishment — and a fourth DV-designated misdemeanor becomes a class 5 felony under the habitual DV statute. Our domestic violence guide covers the full framework.

Where Your Charge Fits

To find the classification for a specific offense — assault degrees, theft amounts, drug quantities, DUI tiers, and 50+ others — see the Colorado Criminal Charges Codex, which pairs each offense with its statute and current classification. Detailed guides: assault, DUI, drug possession, menacing, and disorderly conduct.

Colorado Sentencing — Frequently Asked Questions

What is the presumptive range for a class 4 felony in Colorado?

Two to six years in the Department of Corrections plus three years of mandatory parole, with fines from $2,000 to $500,000. Extraordinary-risk designation raises the maximum to eight years, and a crime-of-violence finding makes a DOC sentence of at least five years mandatory.

Do Colorado felony sentences include parole automatically?

Yes. Every felony class except F1 carries a mandatory parole period — one to five years depending on the class — that follows the prison term and cannot be waived by the defendant or the court.

Can you get probation instead of prison in Colorado?

Often, yes. The chart shows what a judge may impose, and probation, community corrections, and deferred judgments resolve a large share of Colorado cases. The main exception is a crime-of-violence conviction, where a DOC sentence is mandatory — though for several second-degree assault subsections the statute lets the court decline the mandatory term.

Is jail possible for a petty offense in Colorado?

Yes — up to 10 days plus a $300 fine under § 18-1.3-503. Petty offenses also create criminal records. Sources describing Colorado petty offenses as “fine-only” are describing civil infractions, which are a different category.

Talk to a Colorado Defense Attorney About Your Exposure

The Chart Is the Starting Point — Not the Prediction

Where a case actually resolves depends on the evidence, the modifiers, and the negotiation. William Bacharach is a former public defender who has tried 20+ cases to verdict across the Front Range. Free consultation: (720) 303-5778.

This chart summarizes Colorado law for general information only and is not legal advice or a prediction in any case. Verified against §§ 18-1.3-401, 18-1.3-401.5, 18-1.3-501, 18-1.3-503, 18-1.3-406, and 18-1.3-801, C.R.S. (post-SB21-271 classifications; reviewed August 2026).

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William Bacharach — Denver Criminal Defense Attorney
About the Author

William Bacharach

Founder and Managing Attorney at Bacharach Law. Former Deputy State Public Defender (Jefferson County) with 20+ cases tried to verdict. Counsel of record in Lewis v. Stancil, No. 26SC178, pending before the Colorado Supreme Court. Colorado Bar #59714. VA-Accredited Attorney, Accreditation No. 60893. J.D., University of Florida Levin College of Law, Cum Laude. Lifetime Member, Colorado Criminal Defense Bar; Member, National Association of Criminal Defense Lawyers, Colorado Bar Association, and Denver Bar Association.

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