In Fort Collins and Larimer County, Colorado, certain crimes are considered aggravated and are subject to special designations that enhance sentencing ranges. Some of those aggravating classes include: Extraordinary Risk Crimes, Habitual Offender Status, and Crime of Violence (CoV). The Crime of Violence designation includes an increase in prison time and requiring that you serve a higher percentage of that time in DOC.
Crime of Violence Charges in Loveland and Estes Park: Common Crime of Violence Charges
There are two important aggravating factors that must be present in order to qualify a crime as a Crime of Violence:
- The use or possession and threatened use of a deadly weapon; or
- A person sustains serious bodily injury as a result of the crime (can be for any person except a co-defendant).
If one of these two aggravating factors are present for the following crimes, then the charge is considered a CoV:
- Murder / Homicide;
- First Degree Assault;
- Second Degree Assault;
- Aggravated Robbery;
- Kidnapping;
- First Degree Arson;
- First Degree Burglary;
- Escape;
- Criminal Extortion;
- First or Second Degree Unlawful Termination of Pregnancy;
- Crimes Against At-Risk Adult or At-Risk Juvenile
The only other crime that can be considered a Crime of Violence is a felony sexual offense where the victim sustains bodily injury or where the accused used threats, intimidation, or force against the victim.
How Does the Crime of Violence Designation Affect Sentencing in Larimer County?
A Crime of Violence designation greatly affects sentencing in Larimer County Court. When someone is sentenced for a CoV, they are facing a mandatory prison sentence where the minimum is set at the midpoint in and the maximum is twice the maximum of the presumptive range. To break it down, Aggravated Robbery with a deadly weapon is a class 3 felony extraordinary risk crime. The presumptive sentencing range for a class 3 felony is 4 to 12 years in the Colorado Department of Corrections. That is extended out, due to the charge being an extraordinary risk crime – so the maximum becomes 16 years. With the CoV designation, the minimum sentence would be 10 years and the maximum would be 16 years. On top of that, the possession, use, or threat of use of a firearm adds an additional 5 years to the sentence, that must be served consecutively after the initial prison sentence.
If you or someone you love has been charged with a Crime of Violence, contact an experienced criminal defense attorney from the O’Malley Law Office who understands the implications of a Crime of Violence conviction. Call 970-658-0007 immediately to schedule your free initial consultation. Together, we can protect your future.
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