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Colorado Criminal Lawyer Series – Enhanced Sentencing For Repeat Offenders of Certain Colorado Crimes

By H. Michael Steinberg – Colorado Criminal Defense Lawyer

Colorado Criminal Lawyer Series - Enhanced Sentencing For Repeat Offenders of Certain Colorado Crimes


Colorado Criminal Lawyer Series – Enhanced Sentencing For Repeat Offenders of Certain Colorado Crimes

Colorado Criminal Lawyer Series – Enhanced Sentencing For Repeat Offenders of Certain Colorado Crimes – Many crimes in Colorado contain enhanced sentencing provisions when a person has one or more prior convictions for the same crime.

This article identifies the most common of those crimes and the actual section of the statute (law) is reprinted so that the reader can read – something I strongly recommend if you are trying to learn the law – the actual words of the crime itself and specifically just how the punishment is being enhanced.

The Colorado Habitual Burglary Law C.R.S. 18-1.3-804

§ 18-1.3-804. Habitual burglary offenders – punishment – legislative declaration

(1) Every person convicted in this state of first degree burglary, first degree burglary of controlled substances, or second degree burglary of a dwelling who, within ten years of the date of the commission of the said offense, has been previously convicted upon charges separately brought and tried, either in this state or elsewhere, of first degree burglary, first degree burglary of drugs or first degree burglary of controlled substances, or second degree burglary of a dwelling or, under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States, of a felony which, if committed within this state, would be first degree burglary, first degree burglary of drugs or first degree burglary of controlled substances, or second degree burglary of a dwelling shall be adjudged a habitual burglary offender and shall be sentenced to the department of corrections for a term of incarceration greater than the maximum in the presumptive range, but not more than twice the maximum term, provided for such offense in section 18-1.3-401(1) (a).

(2) Every person convicted in this state of first degree burglary, first degree burglary of controlled substances, or second degree burglary of a dwelling who has been previously convicted of two or more felonies shall be subject to the applicable provisions of section 18-1.3-801. [HMS – this is the habitual criminal law – here is al link to another article discussing the Colorado Habitual Criminal Laws]

(4) In no case shall any person who is subject to the provisions of this section be eligible for suspension of sentence or probation.

The Colorado Habitual Sex Offenders Law – C.R.S. 18-3-412.

§ 18-3-412. Habitual sex offenders against children – indictment or information – verdict of the jury

(2) Every person convicted in this state of an unlawful sexual offense who has been previously convicted upon charges prior to the commission of the present act, which were separately brought, either in this state or elsewhere, of an unlawful sexual offense or who has been previously convicted under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States of an unlawful act that, if committed within this state, would be an unlawful sexual offense shall be adjudged an habitual sex offender against children.

If the second or subsequent unlawful sexual offense for which a defendant is convicted constitutes a misdemeanor, the court shall impose a sentence to the county jail of not less than three times the maximum sentence for that class misdemeanor as set out in section 18-1.3-501 .

(4) Any person who is subject to the provisions of this section shall not be eligible for suspension of sentence. Repeat Convictions For Failure to Register As a Sex Offender In Colorado C.R.S. 18-3-412.5(2)….

(2) (a) Failure to register as a sex offender is a class 6 felony if the person was convicted of felony unlawful sexual behavior, or of another offense, the underlying factual basis of which includes felony unlawful sexual behavior, or if the person received a disposition or was adjudicated for an offense that would constitute felony unlawful sexual behavior if committed by an adult, or for another offense, the underlying factual basis of which involves felony unlawful sexual behavior; except that any second or subsequent offense of failure to register as a sex offender by such person is a class 5 felony.

Repeat Convictions For Colorado Stalking Charges C.R.S. 18-3-602(3).

§ 18-3-602. Stalking – penalty – definitions – Vonnie’s law

(3) A person who commits stalking:

(a) Commits a class 5 felony for a first offense except as otherwise provided in subsection (5) of this section; or

(b) Commits a class 4 felony for a second or subsequent offense, if the offense occurs within seven years after the date of a prior offense for which the person was convicted.

Repeat Convictions For Colorado Crime of Aggravated Motor Vehicle Theft – C.R.S. 18-4-409(3).

§ 18-4-409. Aggravated motor vehicle theft

(3) Aggravated motor vehicle theft in the first degree is a:

(a) Class 5 felony if the value of the motor vehicle or motor vehicles involved is less than twenty thousand dollars;

(a.5) Class 4 felony if the value of the motor vehicle or motor vehicles involved is twenty thousand dollars or more but less than one hundred thousand dollars;

(b) Class 3 felony if the value of the motor vehicle or motor vehicles involved is more than one hundred thousand dollars or if the defendant has twice previously been convicted or adjudicated of charges separately brought and tried either in this state or elsewhere of an offense involving theft of a motor vehicle under the laws of this state, any other state, the United States, or any territory subject to the jurisdiction of the United States.

(4.5) Whenever a person is convicted of, pleads guilty or nolo contendere to, receives a deferred judgment or sentence for, or is adjudicated a juvenile delinquent for, a violation of this section, the offender’s driver’s license shall be revoked as provided in section 42-2- 125, C.R.S.

Repeat Convictions For Colorado Crime of Theft From a Store. C.R.S. 18-4-413(2)

§ 18-4-413 Mandatory sentencing for repeated felony theft from a store – store defined

(2) Any person convicted of felony theft, which felony theft was from a store, who within the immediately preceding four years was twice convicted of felony theft, which felony theft was each time from a store, shall be sentenced to at least the minimum term provided for such offense. A person convicted under this section shall not be eligible for probation or suspension of sentence.

(3) The mandatory sentencing requirements specified in subsection (2) of this section shall not apply when the person is being sentenced pursuant to section 18-4-401(4) .

Repeat Convictions For Colorado Computer Crime Offenses. C.R.S. 18-5.5-102(3).

§ 18-5.5-102. Computer crime.

(3) (a) Except as provided in paragraphs (b) and (c) of this subsection (3), if the loss, damage, value of services, or thing of value taken, or cost of restoration or repair caused by a violation of this section is:

(I) Less than fifty dollars, computer crime is a class 1 petty offense;

(II) Fifty dollars or more but less than three hundred dollars, computer crime is a class 3 misdemeanor;

(III) Three hundred dollars or more but less than seven hundred fifty dollars, computer crime is a class 2 misdemeanor;

(IV) Seven hundred fifty dollars or more but less than two thousand dollars, computer crime is a class 1 misdemeanor;

(V) Two thousand dollars or more but less than five thousand dollars, computer crime is a class 6 felony;

(VI) Five thousand dollars or more but less than twenty thousand dollars, computer crime is a class 5 felony;

(VII ) Twenty thousand dollars or more but less than one hundred thousand dollars, computer crime is a class 4 felony;

(VIII) One hundred thousand dollars or more but less than one million dollars, computer crime is a class 3 felony; and

(IX) One million dollars or more, computer crime is a class 2 felony.

(b) Computer crime committed in violation of paragraph (a) of subsection (1) of this section is a class 2 misdemeanor; except that, if the person has previously been convicted under this section, a previous version of this section, or a statute of another state of similar content and purport, computer crime committed in violation of paragraph (a) of subsection (1) of this section is a class 6 felony.

Repeat Convictions For Colorado Crime of Child Abuse. C.R.S. 18-6-401(7)(e), 18-6-401.2.

§ 18-6-401.2. Habitual child abusers – indictment or information – verdict of the jury.

(2) Every person convicted in this state of an act of child abuse who has been previously convicted upon charges prior to the commission of the present act, which were separately brought, either in this state or elsewhere, of an act of child abuse or who has been previously convicted under the laws of any other state, the United States, or any territory subject to the jurisdiction of the United States of an unlawful act which, if committed within this state, would be an act of child abuse shall be adjudged an habitual child abuser.

If the second or subsequent act of child abuse for which a defendant is convicted constitutes a class 3 felony under section 18-6-401(7) (a) (II) or a class 4 felony under section 18-6- 401(7) (a) (IV), the sentence imposed shall be served in the department of corrections and shall not be less than the upper limit of the presumptive range for that class felony as set out in section 18-1.3-401.

If the second or subsequent act of child abuse for which a defendant is convicted constitutes a misdemeanor, the sentence imposed shall be served in the county jail and shall not be less than the maximum sentence for that class misdemeanor as set out in section 18-1.3-501 .

(4) Any person who is subject to the provisions of this section shall not be eligible for probation or suspension of sentence or deferred prosecution.

Repeat Convictions For Colorado Crime of Sexual Exploitation of a Child C.R.S. 18-6-403(5)(b).

§ 18-6-403. Sexual exploitation of a child.

(5) (a) Except as provided in paragraph (b) of this subsection (5), sexual exploitation of a child is a class 3 felony.

(b) Sexual exploitation of a child by possession of sexually exploitative material pursuant to paragraph (b.5) of subsection (3) of this section is a class 6 felony; except that said offense is a class 4 felony if:

(I) It is a second or subsequent offense; or

(II) The possession is of a video, video tape, or motion picture or more than twenty different items qualifying as sexually exploitative material.

Repeat Convictions For Colorado Crime of Violation of a Protective Order. C.R.S. 18-6-803.5(2).

(2) (a) Violation of a protection order is a class 2 misdemeanor; except that, if the restrained person has previously been convicted of violating this section or a former version of this section or an analogous municipal ordinance, or if the protection order is issued pursuant to section 18-1-1001, the violation is a class 1 misdemeanor.

(a.5) A second or subsequent violation of a protection order is an extraordinary risk crime that is subject to the modified sentencing range specified in section 18-1.3- 501(3) .

Repeat Convictions For Colorado Crime of Public indecency. C.R.S. 18-7-301(2).

(2) (a) Except as otherwise provided in paragraph (b) of this subsection (2), public indecency is a class 1 petty offense.

(b) Public indecency as described in paragraph (e) of subsection (1) of this section is a class 1 misdemeanor if the violation is committed subsequent to a conviction for a violation of paragraph (e) of subsection (1) of this section or for a violation of a comparable offense in any other state or in the United States, or for a violation of a comparable municipal ordinance.

Repeat Convictions For The Colorado Crime of Indecent Exposure. C.R.S. 18-7-302(2).

(4) Indecent exposure is a class 6 felony if the violation is committed subsequent to two prior convictions of a violation of this section or of a violation of a comparable offense in any other state or in the United States, or of a violation of a comparable municipal ordinance.

Repeat Convictions For The Colorado Crime of Possessing a Dangerous or Illegal Weapon. C.R.S. 18-12-102(3).

§ 18-12-102. Possessing a dangerous or illegal weapon – affirmative defense.

(3) A person who knowingly possesses a dangerous weapon commits a class 5 felony. Each subsequent violation of this subsection (3) by the same person shall be a class 4 felony.

Repeat Convictions For The Colorado Crime of Possession of a weapon by a previous offender. C.R.S. 18-12-108(5).

(5) A second or subsequent offense under paragraphs (b) and (c) of subsection (2) and paragraphs (b) and (c) of subsection (4) of this section is a class 4 felony.

Repeat Convictions For The Colorado Crime of Possession of a Handgun By a Juvenile. C.R.S. 18-12-108.5(1) ( c )

(c) (I) Illegal possession of a handgun by a juvenile is a class 2 misdemeanor.

(II) For any second or subsequent offense, illegal possession of a handgun by a juvenile is a class 5 felony.

Repeat Convictions For The Colorado Crime of MIP – Underage Possession of Alcohol. C.R.S. 18-13-122(2), 12-47-903(3).

§ 18-13-122. Illegal possession or consumption of ethyl alcohol or marijuana by an underage person – illegal possession of marijuana paraphernalia by an underage person – definitions – adolescent substance abuse prevention and treatment fund – legislative declaration.

(d) A violation of this subsection (3) is an unclassified petty offense.

(4) (a) Upon conviction of a first offense of subsection (3) of this section, the court shall sentence the underage person to a fine of not more than one hundred dollars, or the court shall order that the underage person complete a substance abuse education program approved by the division of behavioral health in the department of human services, or both.

(b) Upon conviction of a second offense of subsection (3) of this section, the court shall sentence the underage person to a fine of not more than one hundred dollars, and the court shall order the underage person to …….:

Repeat Convictions For The Colorado Crime of Misrepresentation of Age to Obtain Alcohol. C.R.S. 12-47-903(3)

§ 12-47-903. Violations – penalties

(3) Any person violating any of the provisions of section 12-47-901(1) (b) or (1) (c) commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501 , C.R.S. For the second conviction and for all subsequent convictions of violating the provisions of section 12-47-901(1) (b) or (1) (c), the court shall impose at least the minimum fine and shall have no discretion to suspend any fine so imposed; except that the court may provide for the payment of such fine as provided in subsection (4) of this section.

Colorado Criminal Lawyer Series – Enhanced Sentencing For Repeat Offenders of Certain Colorado Crimes

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ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author at  hmsteinberg@hotmail.com – A Denver Colorado Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-220-2277.

If you are charged with A Colorado crime or you have questions about the topic of this article –Colorado Criminal Lawyer Series – Enhanced Sentencing For Repeat Offenders of Certain Colorado Crimes, please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.

Most Experienced Colorado Criminal Defense Lawyer - Attorney - Law FirmH. Michael Steinberg, is a Denver, Colorado criminal defense lawyer with over 30 years of day to day courtroom experience – specializing in Colorado Criminal Law along the Front Range. He will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options. Remember, it costs NOTHING to discuss your case. Call now for an immediate free phone consultation.

Helping Clients To Make Informed Decisions In the Defense of Colorado Criminal Cases.

Contact A Lawyer with Three Decades of Experience as a Denver Criminal Attorney at The Steinberg Colorado Criminal Defense Law Firm today.

Colorado Defense Lawyer H. Michael Steinberg provides solid criminal defense for clients throughout the Front Range of Colorado – including the City and County courts of Adams County, Arapahoe County, City and County of Boulder, City and County of Broomfield, City and County of Denver, Douglas County, El Paso County – Colorado Springs, Gilpin County, Jefferson County, Larimer County, and Weld County,…. and all the other cities and counties of Colorado along the I-25 Corridor… on cases involving the subject of this article – Colorado Criminal Lawyer Series – Enhanced Sentencing For Repeat Offenders of Certain Colorado Crimes.


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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
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