What is a Second Degree Felony in Colorado?

Colorado Statutes classify felonies into six categories with varying penalties and fines attached to each class (Colorado Revised Statutes §18-1.3-401(V.5A)). The most severe felonies fall into Class One while the least severe ones are categorized under Class Six. Second-degree felonies in Colorado are felonies that are considered to be more severe than misdemeanors but not as serious as first-degree felonies. The types of crimes that may be considered second-degree felonies in Colorado include burglary, assault, kidnapping, trespassing, or arson.

Generally, Colorado second-degree felonies are classified by different state statutes and usually fall within Class Two to Four Felonies, with a few exceptions that may be categorized as a Class Five or Six Felony. For instance, second degree burglary is a Class Four Felony (§18-4-203(2a)) while second degree assault is often classified as a Class Three Felony §18-3-203(b.5)).

Which Crimes Are Considered Second Degree Felonies in Colorado?

In Colorado, felonies are generally classified into six classes. However, Colorado Statutes outline the following as second-degree felonies:

• Second Degree Burglary (§18-4-203)
• Second Degree degree Assault (§18-3-203)
• Second Degree Kidnapping (§18-3-302)
• Second Degree Murder (§18-3-103)
• Unlawful termination of pregnancy in the second degree (§18-3.5-104)
• Second Degree Arson (§18-4-103)
• Second Degree Criminal trespass (§18-4-503)

What is Second Degree Murder and How is it Classified in Colorado?

In Colorado, a second degree murder is a crime that involves the intentional and deliberate killing of another person. This means the offender knowingly caused the death of another person either by the act alone or as a result of the perpetration of other felonies—usually referred to as felony murder (CRS §18-3-103).

Per CRS §18-3-103, a person may be guilty of committing a second degree murder if:

• They cause the death of a person knowingly
• In the course of committing a felony (either alone or alongside others) such as arson, robbery, burglary, kidnapping, sexual assault or crime of escape they cause the death of another person who is not a participant of the criminal action.

Second degree murder is usually classified as a Class 2 Felony or Class 3 Felony (if it is a “heat of passion” crime) under Colorado Statutes punishable by up to 48 years imprisonment and a fine ranging up to $1,000,000.

Colorado statutes differentiate second degree murder from first degree murder and manslaughter. In first degree murder, there must be the presence of premeditation and disrespect for human life alongside the intent and deliberate act of killing a person(CRS §18-3-102). Manslaughter, on the other hand, involves the reckless killing of a person due to negligence or aiding another individual in taking their own life (CRS §18-3-104).

Colorado Second Degree Felonies Penalties and Punishments

The penalties and punishments meted out to second degree felony offenders in Colorado varies depending on the severity and circumstances of the crime. Second Degree Felonies usually fall between Class 2 to 4 Felony and are punishable by jail time ranging between two to twenty-four years and a fine of two thousand dollars to one million dollars. Other penalties prescribed include a mandatory parole period of three to five years.

Offenders with prior convictions for other felonies or violent crimes are prone to more harsher sentences and penalties. In addition, second degree felony crimes against minors/children especially those involving sexual offenses usually attract stricter and more severe punishments under State laws. The circumstances surrounding a crime may also influence the punishments prescribed by law. For instance a second degree murder may be classified as a Class 2 or 3 Felony depending on whether the act was as a result of “heat of passion” or provocation.

Some common second degree felonies and their respective penalties are outlined in the table below:

Are Second Degree Felony Records Public in Colorado?

Yes. Under Section 24–72–301 of the Colorado Revised Statutes, criminal justice records including criminal case files of second degree felonies are typically publicly available for inspection and copying.

Nonetheless, certain criminal records and case information of second degree felonies are redacted from public access under state or federal laws. Such redacted information may include:

• Personal identifying information of victims of sexual assaults
• Mental health and medical reports
• Personal information, home address and contact information of peace officers and criminal justice agents
• Name and identifying information of child victims
• Sealed or expunged records
• Records considered closed under state or federal laws

How to Access Second Degree Felony Court Records in Colorado

• Visit the courthouse: The District Courts in Colorado are the courts of general jurisdiction that handle cases of felony and other crimes. A search for second degree felony court records in Colorado will typically begin at a district court in the county where the case was filed. Inquirers may visit the specific courthouse in charge of the desired case files to view and copy them within regular hours.
• Submit an online request: Although there is no statewide online repository for access to Colorado criminal court records, the Colorado Judicial Branch provides the public with an online records request form. With this request form, interested persons may request for specific criminal case information from the relevant court. Furthermore, most counties like Denver County provide requesters with online search portals for accessing criminal court records by entering a case number.

The Colorado Bureau of Investigation also provides a statewide Criminal History Check for interested persons. This search can be conducted online via the Internet Criminal History Check System or by mail. Online searches cost $5 per search while mail requests are processed at $13 each.

Requesters are to note that each of these options mentioned above have varying privacy rules and may request them to provide valid means of identification especially if the requested record is not publicly available. It is important to clarify the requirements needed for record requests from the relevant record custodian before sending in requests.

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes. It is possible to reduce or dismiss a second degree felony in Colorado based on a plea bargain, establishment of evidence weakness or the fulfillment of requirements needed for a deferred prosecution or sentencing. A plea bargain or deal involves a negotiation process between the prosecutor and the defendant where the defendant is required to plead guilty to a crime in exchange for a less severe sentence or punishment. Here, the defendant may also be required to give up certain rights such as the Fifth Amendment right of silence and other constitutional rights.

In establishing the weakness in presented evidence, the attorney may need to prove that the evidence is not substantial, the witness's testimony is unreliable or the presence of procedural errors or right infringements. A court may also decide to dismiss a second degree felony charge if the evidence provided is insufficient or there are other legal bases for dismissal.

While it may be possible to reduce or dismiss a second degree felony charge, one should note that this possibility is case specific and may depend on the peculiarity of the evidence available, the case severity and circumstances surrounding the specific case. In addition, these procedures are highly technical and complex hence they may require the expertise and guidance of a legal professional.

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in Colorado?

Yes, depending on the case type, circumstances and severity. Under Sections 24–72–701 through 24–72–706 of the Colorado Revised Statutes, a record subject for a second degree felony may be eligible for expungement or sealing if:

• The defendant was arrested mistakenly
• No charges was filed 90 days after the arrest
• The criminal charge is not a Class 1, 2 or 3 Felony
• Filed charges were dismissed
• The defendant participated in a diversion or pretrial program
• The felony was not for a sexual or domestic violence offense, and did not involve minors
• All court-ordered sentences and obligations have been satisfied
• The petitioner was not charged with any other crime within the stipulated waiting period

Eligible applicants may fill either the JDF 612 or JDF 477 forms and submit to the appropriate court alongside a copy of the criminal history record and a filing fee of $224. If the petition is granted by the court, the affected records will become unavailable to the public with the exception of law enforcement agencies and other authorized entities. Expungements and sealings are serious legal processes and typically require engaging the services and counsel of a competent legal professional.

How Long Do Second Degree Felony Records Stay Public in Colorado?

Indefinitely until sealed or expunged. In Colorado, arrest and criminal records will typically remain permanent on the subject’s records unless they apply and qualify for an expungement or sealing under State laws. Criminal records that are not sealed or expunged under law will continuously be available for public access and may be requested by third parties at will.