First Degree Felony in Colorado

A first-degree felony is called a Class 1 felony under Colorado Revised Statutes. This is a crime category that covers the most serious offenses under the state’s Criminal Code and usually involves death, bodily injury, or a threat to state affairs. Correspondingly, it also receives the most severe penalties. Other offenses that fall under the Class 2 to Class 6 felony categories usually have less severe consequences under state laws, with Class 6 being the least severe felony category.

Additionally, Colorado also has drug felony categories, which are felony offenses related to drug violations. The highest of these offenses fall under Level 1 drug felonies, which have the highest penalties for drug crimes, but not as severe as those of a Class 1 felony.

Crime categories and sentencing in Colorado are governed by Title 18 of the Colorado Revised Statutes. These include felonies, misdemeanors, drug felonies, and other types of crimes. Convictions of these crimes have different fines, jail terms, parole possibilities, and social implications. Despite the abolition of the death penalty or capital punishment in Colorado since July 2020, persons convicted of a Class 1 felony shall receive the worst of all these consequences.

Note: Offenses committed in the “first degree” are not equivalent or synonymous with Class 1 felonies.

Public Access to First Degree Felony Records in Colorado

Members of the public may access records of Class 1 felony cases from different public or private entities. These include case files from courts, arrest or jail logs from police or correctional facilities, and criminal history records from the Colorado Bureau of Investigation.

Felony records are public in line with the Colorado Open Records Act (CORA), except for information exempted from public disclosure, such as ongoing investigation records, files on persons tried as juveniles, and sealed documents.

To access these records, interested persons should determine what kind of information or document is needed and who the custodian is. Some agencies may have online tools that persons may use to conduct free or payment-based searches. Whereas some agencies may require receiving detailed requests containing specific details and necessary duplication fees before providing record copies. Third-party resources may also be available.

Common Crimes Classified as First Degree Felonies in Colorado

In Colorado, crimes that fall under the Class 1 felony category include first-degree kidnapping, first-degree murder, and child abuse resulting in the death of a child under 12 years old. Other, less common crimes under this category include treason and assault while escaping custody (as a person convicted of a Class 1 felony).

Colorado Crime Statistics for 2024 reported 272 murder cases and showed that there were 1,473 victims of domestic violence under the age of 18. Conversely, the FBI Crime Data Explorer reported zero treasons, 270 murders, and 2,609 kidnapping/abduction cases in the same year.

Prison Sentences and Fines for First Degree Felonies in Colorado

Class 1 felonies in Colorado are punishable by life imprisonment. This is a mandatory sentence for all Class 1 felonies charged after July 1, 2020, because of the abolition of the death penalty. There is no prescribed fine amount for convictions of offenses under this category, but judges may impose fines that may be up to $1 million.

Juveniles under the age of 18 may also receive the same sentence if the case is transferred to an adult court and the defendant is tried as an adult and found guilty of a Class 1 felony.

On the other hand, Level 1 drug felonies are punishable by imprisonment from 8 to 32 years, and fines from $5,000 to $1,000,000. Whereas, penalties for offenses committed in the “first degree” shall depend on the classification or specific punishment prescribed to each offense by law.

What is the Maximum Sentence for a Degree Felony in Colorado?

The maximum and minimum sentence for a Class 1 felony in Colorado is life imprisonment. Persons charged with a Class 1 felony after July 1, 2020, can not receive the death penalty, which was the maximum sentence before the state abolished capital punishment. This means that aggravating factors cannot “increase” penalties to the death penalty.

However, the maximum sentence for a Level 1 drug felony is 32 years imprisonment and a $1 million fine. The presence of aggravating factors may increase the minimum sentence of 8 years imprisonment to twelve years.

Can First Degree Felony Records Be Sealed or Expunged in Colorado?

In Colorado, an expungement completely removes a criminal record from public access, making it legally nonexistent, i.e., the record subject may legally deny having ever been arrested, prosecuted, or convicted of cases surrounding the expunged record. However, expunged records are not totally erased as they remain available to law enforcement agencies.

Cases that qualify for expungement are:

• No-charge arrests based on mistaken identity under C.R.S. § 24-72-702. This process is usually automatic or initiated by a law enforcement agency, but a defendant may file a petition at the District Court.
• Certain juvenile delinquency records of non-sexual, non-homicidal, non-violent nature under C.R.S.§19-1-306. As such, a Class 1 felony may not qualify for expungement under this law.

In contrast, Class 1 felony cases transferred from a juvenile court to an adult court do not qualify for expungement. Neither do juvenile cases involving plea agreements or alternative sentences. A Class 1 felony case may, however, qualify for expungement if the defendant is acquitted in a juvenile court or charges were completely dismissed.

On the other hand, sealing a criminal record in Colorado only removes it from public access. There are provisions to seal different eligible convictions under C.R.S. § 24-72-707, but convictions for Class 1 felonies do not qualify. Nevertheless, non-convictions may qualify for a record seal order under C.R.S. § 24-72-705 if:

• The defendant was found not guilty or acquitted on all counts
• All charges were dismissed, but not as part of an alternative sentence or plea agreement in another Class 1 felony case
• The defendant has no pending criminal cases
• The person is a victim of human trafficking and did not commit murder, kidnapping, or other offenses listed in C.R.S. § 24-4.1-302 (1).

The process to seal a record may be automatic or initiated by persons who file a petition at the District Court upon disposition or after a specified waiting period. Persons convicted after receiving a record seal may have their old records unsealed.

Difference Between First Degree and Second Degree Felonies in Colorado

Generally, Class 1 felonies are the most severe crimes under state laws with the harshest punishments, while Class 2 felonies are less severe in comparison. For example, all Class 1 felonies charged after July 1, 2020, are punishable by life imprisonment, while Class 2 felonies are punishable by imprisonment ranging from 8 to 24 years or from 16 to 48 years, depending on the offense date or the presence of aggravating factors.

In contrast, the law does not prescribe a minimum or maximum fine for Class 1 felonies, whereas the fine for Class 2 felonies may range between $5,000 and $1,000,000. Nevertheless, in terms of statute of limitations, conditional release, parole, probation, and alternative sentences, the law may be more lenient to certain Class 2 felonies.

On the other hand, offenses committed in the first degree are typically more severe than the same kind of offense in a second degree. However, penalties depend on the crime classification and specific punishments prescribed by law.

Lastly, Level 1 drug felonies are also less severe compared to Class 1 felonies, but have the same fine range and comparable jail terms.

Statute of Limitations for First Degree Felony Charges in Colorado

A statute of limitations in Colorado is a legally prescribed timeline within which a person may be charged or prosecuted for a certain offense, after the commission of the crime. However, as per C.R.S. § 16-5-401, there is no time limit for commencing criminal actions against a Class 1 felony in Colorado. Hence, juveniles and adults can be tried at any time for committing first-degree kidnapping, murder, treason, or other crimes listed in this section.

Probation and Parole Eligibility for First Degree Felonies in Colorado

In simple terms, probation is a kind of alternative sentence that does not involve incarceration, while parole is a supervised release. However, Class 1 felonies do not qualify for probation under Colorado laws. Hence, a court shall not impose a probation sentence on persons convicted of crimes that fall under this category.

Additionally, Colorado laws do not prescribe mandatory parole periods for Class 1 felonies. The possibility of parole after a conviction for a Class 1 felony depends on the offense type, offense date, and the age of the offender at the time of conviction. For instance, persons may be sentenced to life imprisonment with the possibility of parole if the convicted person is below 18 years of age or if the judge finds extraordinary mitigating circumstances.

However, pursuant to C.R.S. § 18-1.3-401 (4), these persons must serve forty years in prison and shall not be “discharged” after receiving parole. This means that, until death, the felon shall remain in the legal custody of the Department of Corrections, shall report to them, and be constantly supervised by this agency.

Impact of a First Degree Felony Conviction on Criminal Records in Colorado

In Colorado, Class 1 felonies present an extraordinary risk of harm to victims, society, and persons convicted of committing crimes that fall under this category. A person convicted of life imprisonment without parole shall be removed from society for the rest of their life, and this may have an additional negative impact on mental health. Furthermore, even persons who are later paroled may face the following consequences:

• Constant supervision and other parole conditions
• Risk of parole revocation
• Difficulty reentering society and loss of relationships
• Permanent criminal records that affect housing, employment, and daily life as well
• Loss of certain rights and privileges, such as voting, child custody, and keeping professional licenses.