Fort Collins Drug Defense Attorney
What’s the Difference Between a Felony Charge and a Drug Felony Charge in Colorado?

Let's look at the differences between drug felony and standard felony charges in Fort Collins, Colorado.

In Fort Collins and Larimer County, Colorado, there are two different types of felony charges – a standard felony and a drug felony. Most criminal charges are either charged as a misdemeanor or felony. However, for criminal cases involving drugs, then there is a separate charging hierarchy called drug misdemeanor or drug felony. Let’s look at these two different types of felony charges and examples of these crimes in Colorado.

Drug Felony Charges in Larimer County: How Are Drug Felonies Charged?

In Larimer County, Colorado there are four levels of drug felonies. Often shortened to DF (drug felony), there are 4 classes of drug felonies: 

Drug Felony Level 

Presumptive Range

Aggravated Range

Parole

Drug Felony 1 – DF 1

8 – 32 years

N/A

3 years 

Drug Felony 2 – DF 2

4 – 8 years

8 – 16 years

2 years

Drug Felony 3 – DF 3

2 – 4 years

4 – 6 years

1 year

Drug Felony 4 – DF 4

6 months – 1 year

1 – 2 years

1 year

Here are some examples of different crimes charged at each level of drug felony:

DF1 – An adult selling, distributing, dispensing or transferring any amount of a schedule 1 or schedule 2 substance to a minor, and the adult is at least 2 years older than the minor. 

DF2 – An adult selling, distributing, dispensing or transferring any amount of a schedule 3 or schedule 4 substance to a minor, and the adult is at least 2 years older than the minor.

DF3 – Possession of not more than 7 grams of methamphetamine 

DF4 – Possession of not more than 4 grams of a schedule 3 or schedule 4 controlled substance

Loveland and Estes Park Felony Charge Defense Lawyer: How Are Felonies Charged?

In Fort Collins, Loveland and Estes Park, there are 6 felony levels that can be charged. Here are the sentencing ranges for all 6 classes of felony charges, along with the extraordinary risk ranges:

Felony Level Presumptive Range Extraordinary Risk Range Parole 

Class 1 Felony

Life

N/A

No parole

Class 2 Felony

8 – 24 years

N/A

5 years for a violent

3 years for nonviolent

Class 3 Felony

4 – 12 years

4 – 16 years

3 years

Class 4 Felony

2 – 6 years

2 – 8 years

3 years

Class 5 Felony

1 – 3 years

1 – 4 years

2 years

Class 6 Felony

12 – 18 months

1 – 2 years

1 year

Some examples of criminal charges for each felony level in Colorado:

Class 1 Felony – Murder in the 1st Degree

Class 2 FelonyFirst Degree Assault on an At-Risk Adult resulting in serious bodily injury

Class 3 Felony – Aggravated Robbery

Class 4 Felony – Second Degree Burglary

Class 5 FelonyMenacing with a deadly weapon

Class 6 FelonyTheft $2,000 – $4,999


If you or someone you love has been charged with a felony or drug felony 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. 

Photo by Piyapong Sayduang