Denver Felony Lawyerdefending serious Colorado state charges.
A Denver felony lawyer at Stuart & Ward LLP brings decades of trial experience to every state felony case we take. Our partners began their careers as Colorado State Public Defenders and have tried felonies of every class, in every kind of courtroom Colorado runs.
A felony charge in Colorado is not a routine criminal matter. The case will travel through grand jury or preliminary hearing, motions practice, and potentially a jury trial. The penalties on conviction can include state prison, mandatory parole, lifetime sex offender registration where applicable, and immigration consequences for non-citizens.
We defend the full range of Colorado state felonies, with particular depth in violent crimes, homicide, and COCCA prosecutions. For sex crimes, drug crimes, white-collar matters, theft, fraud, and DUI, see our dedicated practice pages.
Colorado Felony Classesand what’s at stake.
Colorado divides felonies into six classes, plus a separate four-tier classification for drug felonies. The class drives the presumptive sentencing range, parole exposure, and whether mandatory sentencing applies.
Class 1 & 2 Felonies
The most serious charges Colorado prosecutes. Class 1 felonies include first-degree murder and carry life without parole. Class 2 felonies (second-degree murder, class 2 kidnapping, certain sex offenses) carry presumptive ranges up to 24 years with aggravated ranges extending further. Crime-of-violence designations trigger mandatory sentencing.
Class 3 & 4 Felonies
The middle of the felony grid. Class 3 felonies (first-degree assault, robbery, certain drug and sex offenses) carry presumptive ranges up to 12 years. Class 4 felonies (second-degree assault, vehicular assault, many theft and fraud charges at the higher dollar tiers) carry up to 6 years. Both routinely involve prison exposure and parole.
Class 5 & 6 Felonies
The lower end of the felony classification. Class 5 felonies carry presumptive ranges up to 3 years; class 6 up to 18 months. Many of these are eligible for probation, deferred judgments, or community-based sentences in the right circumstances. The collateral consequences of any felony conviction, however, remain significant.
How a Colorado Felony Case Moves
Felony cases have a structured path from arrest through resolution. Understanding where in that path your case sits, and what windows are still open, is the first thing a defense lawyer should do.
Many felony cases begin with an investigation rather than an arrest. Detectives interview witnesses, build a timeline, and present the case to the District Attorney or to a grand jury. Pre-charge intervention by defense counsel can sometimes prevent charges from being filed at all, or shape what is ultimately filed.
Colorado uses preliminary hearings (for most class 1, 2, and 3 felonies and crimes of violence) or grand jury indictment to determine whether probable cause supports the filed charges. A preliminary hearing is a real evidentiary opportunity for the defense to test the State’s case and sometimes win dismissal or reduction.
The substantive defense work happens here. Motions to suppress evidence, motions challenging the charging document, motions on expert testimony, and discovery battles over the State’s evidence often determine the trajectory of the case long before a jury is selected.
The vast majority of felony cases resolve through negotiated dispositions, deferred judgments, or pleas to reduced charges. A meaningful percentage go to trial. Either path requires the case to be developed as if trial were the destination, because that is the only posture that gives the defense real leverage in negotiation.
Early intervention matters most. The window between investigation and formal charging is often the highest-leverage point in a felony case. If you know or suspect you are under investigation, do not wait for an arrest before calling a defense lawyer.
The Consequences of a Felony Convictionreach well past any prison term.
A felony conviction does more than expose you to incarceration. It produces a permanent record that follows you into nearly every part of life, often long after a sentence is complete. These collateral consequences are frequently the reason a felony charge is worth fighting hard from the very beginning.
Prison & Parole
A felony conviction can carry a Department of Corrections sentence followed by a mandatory period of parole. Even where prison is avoided, the conviction itself remains on your record and drives the consequences below.
Firearm Rights
A felony conviction strips the right to possess firearms under both Colorado and federal law. For most felonies this bar is automatic on conviction, and restoration is limited. Where relief is available at all, it generally requires executive clemency rather than the passage of time.
Employment & Licensing
A felony record appears on background checks and can close off entire categories of work. Professional licensing boards, from nursing and law to real estate and commercial driving, review criminal history and may deny, suspend, or condition a license following a conviction.
Housing & Education
Private landlords routinely screen for felony convictions, and public housing programs impose their own eligibility rules. A conviction can also affect admission decisions, campus housing, and eligibility for certain forms of financial aid.
Immigration Status
For anyone who is not a United States citizen, a felony conviction can carry consequences well beyond the sentence, including removal proceedings, denial of naturalization, and inadmissibility on re-entry. Non-citizens facing felony charges should have both criminal and immigration counsel involved early, because the plea itself can determine the immigration outcome.
Record Sealing & Relief
Colorado permits sealing of some criminal records, but the rules for felony convictions are narrow and many offenses are excluded outright. That limitation is part of why the disposition negotiated in the underlying case matters so much. See our record sealing and expungement page for what is and is not eligible.
Colorado Felony Defense FAQ
What is a felony in Colorado?
A felony is any criminal offense punishable by imprisonment in the state prison system, as opposed to a misdemeanor (county jail) or petty offense. Colorado classifies felonies from class 1 (most serious, including first-degree murder) down to class 6 (least serious felony level). Drug felonies use a separate DF1 through DF4 classification.
How long can I go to prison for a Colorado felony?
Felony sentences in Colorado depend on the class. Class 1 felonies carry life without parole. Class 2 through class 6 felonies carry presumptive ranges from 1 year up to 48 years, with aggravating circumstances and crimes of violence enhancing those ranges further. Drug felonies have their own sentencing grid.
What is the difference between a felony and a misdemeanor in Colorado?
The functional difference is where you serve any sentence and the long-term consequences. Felonies expose you to state prison and produce a permanent record with serious collateral consequences for employment, housing, firearm rights, professional licensing, and immigration status. Misdemeanors top out at county jail and carry lighter collateral consequences.
Can a felony charge be reduced to a misdemeanor?
Sometimes, yes. Reduction often happens through negotiation with the District Attorney’s office, through a preliminary hearing that exposes weaknesses in probable cause, or through a deferred judgment that allows the charge to be reduced or dismissed upon successful completion. Whether reduction is possible depends on the charge, the evidence, and your record.
What is COCCA in Colorado?
COCCA is the Colorado Organized Crime Control Act, the state’s equivalent of the federal RICO statute. It targets ongoing criminal enterprises and is often charged after a grand jury investigation. COCCA cases are document-heavy, motion-intensive, and substantively different from a standard felony defense. Stuart & Ward LLP has developed a significant COCCA motion practice.
What is a crime of violence in Colorado?
A crime of violence under Colorado law is a designated category of serious felony (including homicide, first-degree assault, sexual assault, kidnapping, and certain other offenses) that triggers mandatory sentencing in the aggravated range and limits parole eligibility. A crime of violence allegation can significantly raise the stakes of a felony case.
Should I talk to the police if I am being investigated for a felony?
No, not without a lawyer. You have the right to remain silent and the right to counsel. Detectives investigating felonies are skilled at building cases through interviews, and statements made to police become evidence at trial regardless of how innocent your intent. Call a defense lawyer before you say anything.
How long does a Colorado felony case take?
Felony cases routinely take 6 to 18 months from filing to resolution, and complex cases (homicide, COCCA, multi-defendant cases) can run substantially longer. Speedy trial rights set an outside limit, but most cases involve investigation, motions practice, and negotiation that take real time to do well.
“The work that shapes a felony case usually happens long before a jury is seated.”
Charged With a Felony in Colorado? Call Today.
Initial consultations with Stuart & Ward LLP are free and confidential. We represent clients from the investigation stage forward, in felony cases at every class and in courts throughout Colorado.