What Is a Class 3 (Third-Degree) Felony in Colorado?

In Colorado, first-degree felonies are classified as Class 3 felonies. § 18-1.3-401 of the Colorado Revised Statutes (C.R.S.) classifies felonies in the state from Class 1 to 6, in addition to Drug Felonies and Unclassified Felonies.

Class 3 felonies in Colorado are mid-level serious offenses that can result in presumptive sentencing of 4 to 12 years, mandatory parole for 5 years upon release, and fines ranging from $ 3,000 to $ 750,000. However, judges may impose lighter or heavier penalties depending on the aggravating factors.

Colorado does not consider crimes within the Class 3 felony category as severe as those in Classes 1 and 2. Nonetheless, their consequences may not be less impactful on their owners. The impact of a Class 3 felony conviction in Colorado may go beyond the prison term and fines. Similar to other criminal records, a Class 3 felony may adversely affect job opportunities, social status, housing options, or the legal residency of non-citizens.

Common Offenses That Fall Under Class 3 (Third-Degree) Felony Charges

Class 3 or third-degree felonies in Colorado cover a wide range of serious but non-capital crimes. This category of felony encompasses serious crimes that involve violence, a threat to public peace, and property damage. Hence, the penalties for these types of crimes include long-term prison sentences and hefty fines. Crimes within Colorado's Class 3 felony category include:

• Second-degree assault
• First-degree burglary
• Vehicular homicide
• Aggravated robbery
• First-degree arson
• Sexual assault.

Penalties and Sentencing for Class 3 (Third-Degree) Felonies in Colorado

A Class 3 felony in Colorado is a serious crime with harsh consequences. Crimes in this category can result in long-term prison sentences and significant financial costs.

The sentencing for Class 3 felonies in Colorado ranges from 4 to 12 years of imprisonment. Additionally, there may be fines ranging between $3,000.00 and $750,000.00. Beyond the prison terms, there is a mandatory 5-year post-release parole.

However, the punishment an offender gets for a Class 3 felony in Colorado depends on several factors. Judges in Colorado consider mitigating and aggravating factors, injury to victims, and the offender's criminal history when sentencing for Class 3 felonies. Additionally, not all Class 3 felonies in Colorado end in prison terms. Judges may impose probation, alternative sentencing programs, or deferred adjudication for eligible non-violent first-time offenses.

Will You Go to Jail for a Third-Degree Felony in Colorado?

Yes, a third-degree or Class 3 felony in Colorado often results in imprisonment. Class 3 felonies in Colorado are serious crimes, only less severe than Class 1 and 2 felonies. As such, the punishment for this category of crimes includes a 2 to 12-year prison term. However, judges can opt for probation, alternative sentencing programs, or deferred adjudication for eligible first-time non-violent offenses within the Class 3 felony group. These alternative options require offenders to abide by strict court-imposed conditions to avoid third-degree felony jail time.

How Long Does a Class 3 (Third-Degree) Felony Stay on Your Record?

A Class C or third-degree felony conviction in Colorado stays permanently on record unless the court seals it. Colorado considers Class 3 felonies as serious crimes. As such, the state imposes equally severe penalties, such as long-term imprisonment, in addition to criminal records that may have far-reaching consequences.

However, § 24-72-706 of the Colorado Revised Statutes (part of the Colorado Criminal Justice Record Act) grants the right to petition the courts to seal certain Class 3 felony records. Otherwise, these convictions are unerasable and permanently form part of the person's criminal history.

The implications of a Class 3 felony conviction in Colorado may go beyond the prison terms, fines, and restitution. Generally, a criminal record may negatively impact social status, housing options, job opportunities, and even professional certifications. For non-citizens of the United States, a Class 3 felony conviction in Colorado may result in loss of legal residency, denial of re-entry, or loss of immigration benefits, making the consequences even more severe.

Can a Third-Degree Felony Be Sealed or Expunged in Colorado?

In Colorado, Class 3 felony records are not eligible for expungement, but some may qualify for sealing under Section 24-72-706 of the Colorado Revised Statutes. Expungement refers to the destruction of documents, making them inaccessible to any entity. The owner of an expunged criminal record can legally claim that it never existed. Expungement of felony records in Colorado applies to juvenile crimes, certain underage drinking offenses, and mistaken identity cases.

Similarly, sealing of a Class 3 felony record in Colorado also hides it from the public. However, the records are still accessible to law enforcement, the courts, and authorized agencies.

A Class 3 felony record in Colorado may be sealable if:

• The underlying charges did not result in a conviction
• The offender completed a deferred judgment and sentence program
• The crime is eligible for sealing
• The offender observes the applicable waiting period without subsequent criminal charges or convictions.

Individuals with eligible Class 3 felony convictions can petition the courts that handled their trials to seal their records.

How Class 3 (Third-Degree) Felonies Compare to First- and Second-Degree Felonies

Comparing the severity of offenses and harshness of the accompanying penalties, first-degree, second-degree, and third-degree felonies are comparable to Classes 1, 2, and 3 felonies in Colorado. Classes 1 and 2 felonies under Colorado's penal code are the most violent and life-threatening crimes, while Class 3 felonies are also serious but less violent offenses.

Class 1 Felonies

Colorado classifies offenses within the Class 1 felony category as crimes that involve premeditation, extreme violence, or loss of life. A Class felony conviction in Colorado may result in life imprisonment or even the death penalty. Crimes within this category include:

• First-degree murder
• Felony murder
• Treason against the State of Colorado
• First-degree kidnapping resulting in death
• Class 1 felony child abuse.

Class 2 Felonies

Similar to Class 1 felonies, Colorado's Class 2 felonies are crimes that involve violence and serious harm. However, these offenses are not premeditated, and their penalties rank below Class 1 felonies. A Class 2 felony conviction in Colorado may result in 8 to 24 years imprisonment, and potential fines of $5,000.00 to $1,000,000.00. Examples of Class 2 felonies in Colorado include:

• Second-degree murder
• First-degree assault
• Human trafficking for involuntary servitude or sexual exploitation
• Large-scale drug distribution
• Burglary of a dwelling with a deadly weapon.

Class 3 Felonies

Crimes under the Class 3 felony category in Colorado also involve financial loss, injury, or major property damage. Notwithstanding, these offenses do not have the same level of violence or intent as Class 1 and 2 felonies. A Class 3 felony in Colorado may result in imprisonment of 4 years to 12 years, with likely fines ranging between $ 3,000 and $ 750,000. Colorado's Class 3 felonies include:

• First-degree assault
• Vehicular homicide
• First-degree burglary
• Theft
• Aggravated robbery.

How to Look Up Class 3 (Third-Degree) Felony Records in Colorado

Colorado offers several options for accessing criminal records, including those related to Class 3 felonies. Individuals can access basic information about a Class 3 felony case through the Colorado Judicial Branch’s Docket Search Portal. For comprehensive details about a specific Class 3 felony conviction, interested parties should visit the clerk's office of the District Court that handled the case. Alternatively, Class 3 felony records may be accessible as part of a criminal history. Individuals can request background checks online, by mail, or in person through the Colorado Bureau of Investigation (CBI). They can also find Colorado's Class 3 felony records online through third-party repositories that store criminal trial records.

Probation and Parole for Class 3 (Third-Degree) Felony Offenders

Criminal justice systems utilize probation and parole to supervise individuals guilty of criminal offenses. While both processes allow offenders to serve part or all of their sentences outside prison, they occur at distinct stages of a legal process.

Probation as an Alternative to Prison

Probation functions as an alternative to incarceration. In Colorado, judges may impose probation instead of prison terms, thus allowing defendants to serve their sentences within the community under strict conditions.

Defendants may be eligible for probation for non-violent Class 3 felonies in Colorado if they demonstrate remorse, agree to rehabilitation, and if the judges, after scrutinizing their criminal histories, decide they pose no public risk. Offenders on probation are required to fulfill several requirements. For instance:

• Make regular check-ins with probation officers
• Attend drug or alcohol programs
• Take part in community service
• Make restitutions (if applicable)
• Stay within the geographical limits of their communities.

Parole as Early Release from Prison

Parole refers to the early release of inmates before they complete their prison sentences. Unlike probation, the offender must serve part of a sentence in prison to be eligible for parole.

Colorado requires offenders seeking parole to serve at least 50% of their sentences. Individuals serving time for crimes the state considers “extraordinary risks” must serve at least 75% of their prison terms. Notwithstanding, parole is not automatic. The Division of Adult Parole of the Colorado Department of Corrections (CDOC) decides which inmates to release at its discretion, considering several factors.