In Fort Collins, Larimer County, and across Colorado, lawmakers have determined certain ranges for sentences on petty offense, traffic, misdemeanor and felony crimes. Normally, a judge is not allowed to sentence someone outside of those ranges. However, there are certain things that can mitigate or aggravate a sentence, which can allow for sentencing outside the presumptive ranges. Let’s look at what Extraordinary Aggravating Circumstances are in Colorado.
Loveland Defense Attorney for Felony Charges: Sentencing Outside the Presumptive Ranges
In Loveland, Colorado, under C.R.S. 18-1.3-401 – Felonies Classified: Presumptive Penalties – the explanation of sentencing outside presumptive ranges is explained as follows:
While offering some leeway, where a crime meets the standards for aggravation, the sentence can only be extended to twice the maximum of the presumptive range.
What Are Extraordinary Aggravating Circumstances in a Larimer County Felony Criminal Case?
Again, under C.R.S. 18-1.3-401, the Larimer County, Colorado law definition of Extraordinary Aggravating Circumstances is:
(I) The defendant is convicted of a crime of violence under section 18-1.3-406;
(II) The defendant was on parole for another felony at the time of commission of the felony;
(III) The defendant was on probation or was on bond while awaiting sentencing following revocation of probation for another felony at the time of the commission of the felony;
(IV) The defendant was under confinement, in prison, or in any correctional institution as a convicted felon, or an escapee from any correctional institution for another felony at the time of the commission of a felony;
(V) At the time of the commission of the felony, the defendant was on appeal bond following his or her conviction for a previous felony;
(VI) At the time of the commission of a felony, the defendant was on probation for or on bond while awaiting sentencing following revocation of probation for a delinquent act that would have constituted a felony if committed by an adult.
(b) In any case in which one or more of the extraordinary aggravating circumstances provided for in paragraph (a) of this subsection (8) exist, the provisions of subsection (7) of this section shall not apply.
(c) Nothing in this subsection (8) shall preclude the court from considering aggravating circumstances other than those stated in paragraph (a) of this subsection (8) as the basis for sentencing the defendant to a term greater than the presumptive range for the felony.
If Aggravating Circumstances apply, then the minimum is moved to the halfway point of the presumptive range and the maximum is doubled.
Presumptive Vs. Extraordinary Aggravating Circumstance Sentencing Ranges: A Larimer County Defense Lawyer Explains
Here’s a chart that compares the presumptive range and aggravated range:
| Felony Level | Presumptive Range | Aggravated Range |
| Class 6 Felony | 1 – 1.5 years | 15 months – 3 years |
| Class 5 Felony | 1 – 3 years | 2– 6 years |
| Class 4 Felony | 2 – 6 years | 4– 12 years |
| Class 3 Felony | 4 – 12 years | 8– 24 years |
| Class 2 Felony | 8 – 24 years | 16 – 48 years |
| Class 1 Felony | Life | Life |
If you or someone you love has been charged with a crime, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
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