top of page

Crimes of violence are very serious because they typically require mandatory sentencing to prison.  The Court shall sentence anyone convicted of a crime of violence to the department of corrections for a term of incarceration of at least the midpoint and up to twice the maximum of the prison range for the level felony you are convicted of.  See C.R.S. § 18-1.3-406(1)(a).  To illustrate, lets say you are convicted of second-degree assault, a class four

Crimes of Violence

Men with Guns

felony, for breaking another person’s arm (serious bodily injury).  A class four felony carries a presumptive range of two to six years in prison.  See § 18-1.3-401(1)(a)(V)(A.1); § 18-3-203(1)(g).  However, because second-degree assault is an extraordinary risk crime, an additional two years is added to the maximum presumptive prison sentence.  See § 18-1.3-401(10)(a); § 18-1.3-401(10)(b)(XVIII).  Additionally, because there is a broken bone (serious bodily injury), it is a crime of violence and the prison range would increase to five to sixteen years.  See § 18-1.3-406(1)(a).

 

Crimes of violence are serious offenses where a deadly weapon was used, possessed, or threatened to be used, or where serious bodily injury or death was caused.  See § 18-1.3-406(2)(a)(I).  The following offenses are crimes of violence if a deadly weapon was involved or serious bodily injury occurred:

​

  • Any crime against an at-risk adult or at-risk juvenile;

  • Murder;

  • First or second degree assault;

  • Kidnapping;

  • A felony sexual offense;

  • Aggravated robbery;

  • First degree arson;

  • First degree burglary;

  • Escape;

  • Criminal extortion; or

  • First or second degree unlawful termination of pregnancy.

​

See § 18-1.3-406(2)(a)(II).  Additionally, crime of violence also means “any unlawful [felony] sexual offense in which the defendant caused bodily injury to the victim or in which the defendant used threat, intimidation, or force against the victim.”  See § 18-1.3-406(2)(b)(I).

​

Contact the Law Office of Michael Swink and speak with an attorney that has experience with crimes of violence and understands the complex sentencing structure for crimes of violence.

bottom of page