In Larimer County, there are certain crimes that are designated as Extraordinary Risk Crime. These are crimes that the legislators have decided ‘present an extraordinary risk of harm to society.’ They are subject to an extended maximum sentence.
Criminal Defense Lawyer in Fort Collins: What is an Extraordinary Risk Crime in Colorado?
You will find the information related to Extraordinary Risk Crimes under C.R.S. 18-1.3-401(10):
The general assembly hereby finds that certain crimes that are listed in subsection (10)(b) of this section present an extraordinary risk of harm to society and therefore, in the interest of public safety, for such crimes that constitute class 3 felonies, the maximum sentence in the presumptive range is increased by four years; for such crimes that constitute class 4 felonies, the maximum sentence in the presumptive range is increased by two years; for such crimes that constitute class 5 felonies, the maximum sentence in the presumptive range is increased by one year; for such crimes that constitute class 6 felonies, the maximum sentence in the presumptive range is increased by six months.
These extended ranges do not apply to class 1 or class 2 felony crimes.
Which Crimes Are Considered Extraordinary Risk Crimes in Loveland?
Crimes that present an extraordinary risk of harm to society include the following:
- Aggravated Robbery, as defined in section 18-4-302;
- Child Abuse, as defined in section 18-6-401;
- Unlawful distribution, manufacturing, dispensing, sale, or possession of a controlled substance with the intent to sell, distribute, manufacture, or dispense, as defined in section 18-18-405;
- Any crime of violence, as defined in section 18-1.3-406;
- Stalking, as described in section 18-9-111 (4), as it existed prior to August 11, 2010, or section 18-3-602;
- Sale or distribution of materials to manufacture controlled substances, as described in section 18-18-412.7;
- Felony invasion of privacy for sexual gratification, as described in section 18-3-405.6;
- A class 3 felony offense of human trafficking for involuntary servitude, as described in section 18-3-503;
- A class 3 felony offense of human trafficking for sexual servitude, as described in section 18-3-504;
- Assault in the second degree, as described in section 18-3-203 (1)(i); and
- Sexual exploitation of a child, as described in section 18-6-403 (5.5).
Further, Crime of Violence Includes:
- Any of the crimes listed below committed, conspired to be committed, or attempted to be committed by a person during which, or in the immediate flight therefrom, the person:
- Used, or possessed and threatened the use of, a deadly weapon; or
- Caused serious bodily injury or death to any other person except another participant.
- Any unlawful 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. For purposes of this subparagraph (I), “unlawful sexual offense” shall have the same meaning as set forth in section 18-3-411 (1), and “bodily injury” shall have the same meaning as set forth in section 18-1-901 (3)(c). These provisions this paragraph shall apply only to felony unlawful sexual offenses.
These crimes include:
- Any crime against an at-risk adult or at-risk juvenile;
- Murder;
- First or Second Degree assault;
- Kidnapping;
- A sexual offense pursuant to part 4 of article 3 of this title;
- Aggravated robbery;
- First degree arson;
- First degree burglary;
- Escape;
- Criminal extortion;
- First or Second Degree unlawful termination of pregnancy;
- Human trafficking for involuntary servitude of an adult or a minor in violation of section 18-3-503; or
- Human trafficking for sexual servitude of an adult or a minor in violation of section 18-3-504.
What Are the Sentencing Ranges for Extraordinary Risk Crimes?
Felony Level | Presumptive Range | Extraordinary Risk Crime |
Class 6 Felony | 1 year – 1.5 years | 1 year – 2 years |
Class 5 Felony | 1 year – 3 years | 1 year – 4 years |
Class 4 Felony | 2 years – 6 years | 2 years – 8 years |
Class 3 Felony | 4 years – 12 years | 4 years – 16 years |
Class 2 Felony | 8 years – 24 years | n/a |
Class 1 Felony | Life | n/a |
If you or someone you love has been charged with an Extraordinary Risk 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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