COLORADO CRIMINAL DEFENSE
Felony criminal defense
in Colorado Springs.
Experienced criminal counsel for clients in El Paso and Teller Counties and throughout Colorado.
UNDERSTANDING THE CHARGE
What is a felony?
Felonies are the most serious category of criminal offenses under Colorado law. A felony conviction can carry a sentence to state prison and other lasting consequences. Colorado organizes felony offenses into classes and uses separate levels for drug felonies; the possible sentence depends on the offense and the circumstances.
The exact charge, applicable law, and facts of your case matter. Bring your court paperwork and any upcoming court dates to your consultation.
Explore common felony cases and defenses
COMMON FELONY CASES
Firearm Related Cases.
James has extensive experience defending firearms cases, honed through years of real-world defense work.
As a hunter, competitive shooter, concealed carrier, and licensed gunsmith, James brings firsthand knowledge to his analysis of criminal cases. His practical experience helps him identify technical details and challenge assumptions that attorneys without that background may overlook. Other attorneys often turn to James for assistance with cases involving firearms.
Felony menacing
What is felony menacing?
Under C.R.S. § 18-3-206, menacing means knowingly using a threat or physical action to cause, or try to cause, fear of serious bodily injury that is about to happen. It is a class 5 felony when committed using a firearm, knife, or bludgeon, or a simulated version of one of those weapons.
Firearm consequences
A felony conviction generally prohibits firearm possession under federal law, even after the sentence ends. That prohibition can be permanent unless legally effective relief restores those rights.
Bond after conviction
When felony menacing involves the use of a firearm, C.R.S. § 16-4-201.5(1)(e) prohibits bond after conviction pending sentencing or appeal. This requires custody during that period. The restriction does not automatically apply to every felony menacing conviction, and it does not by itself require a jail or prison sentence as the final disposition.
These consequences make it essential to examine the evidence, the alleged use of a weapon, and any available defenses before deciding how to proceed.
Federal firearm prohibition: 18 U.S.C. § 922(g)(1) and 27 C.F.R. § 478.32. Sentencing and firearm consequences depend on the charge, facts, and applicable law.
Sentencing options for a Class 5 felony
- State Prison: Ordinarily 1–3 years, followed by 2 years of mandatory parole. Sentencing enhancements can increase the prison term.
- Probation: When legally eligible, with conditions that may include county jail, treatment, or community service.
- Community corrections: Subject to eligibility, court approval, and acceptance by the program.
Available options depend on the facts, criminal history, and applicable sentencing law. C.R.S. §§ 18-1.3-104, 18-1.3-201, 18-1.3-301, and 18-1.3-401.
Possession of a dangerous weapon
The statutory definition
C.R.S. § 18-12-102(1) defines a “dangerous weapon” as a firearm silencer, machine gun, rapid-fire device, short shotgun, or short rifle. Knowingly possessing a dangerous weapon is a Class 5 felony under subsection (3).
Subsection (5) provides an affirmative defense for a person with a valid permit and license for possession of the weapon, as well as certain peace officers and military personnel acting in their lawful duties. The weapon’s classification and the applicable authorizations must be examined carefully.
Technical knowledge matters
These are technical crimes. Determining the legal classification of a weapon requires intimate knowledge of state and federal firearm regulations, the weapon’s design and configuration, and the relevant licensing or registration records.
James’s experience as a gunsmith and lifelong firearms enthusiast makes him the attorney other attorneys call with these questions. He combines practical knowledge of how firearms function with years of defense experience to analyze the classification alleged by the prosecution and identify available defenses.
Discuss your firearm-related caseRapid-fire devices
Under C.R.S. § 18-12-101(1)(u.3), a rapid-fire device is any device, part, kit, tool, accessory, or combination of parts that increases a semiautomatic firearm’s rate of fire above its standard rate without that equipment. This broad, effect-based definition could encompass forced-reset triggers, binary triggers, bump-fire stocks, and many commonly held firearm accessories, depending on their design and operation. The statute does not list those products by name; determining whether a particular accessory falls within the definition requires careful technical and legal analysis.
Sentencing options for a Class 5 felony
- State Prison: Ordinarily 1–3 years, followed by 2 years of mandatory parole. Sentencing enhancements can increase the prison term.
- Probation: When legally eligible, with conditions that may include county jail, treatment, or community service.
- Community corrections: Subject to eligibility, court approval, and acceptance by the program.
Available options depend on the facts, criminal history, and applicable sentencing law. C.R.S. §§ 18-1.3-104, 18-1.3-201, 18-1.3-301, and 18-1.3-401.
COMMON FELONY CASES
Drug Felonies.
Drug cases require immense attention to detail.
In a possession case, the state must prove beyond a reasonable doubt that you possessed the controlled substance, knew you possessed it, and that the substance is what the prosecution claims it is. Drugs found nearby do not automatically establish knowing possession.
In a possession-with-intent-to-distribute case, the state must also prove the intent to distribute. When actual distribution is charged, the prosecution must prove the alleged knowing transfer or distribution. The charge’s wording matters.
Examining the state’s evidence
James examines how the evidence connects a person to the drugs, the laboratory testing and identification of the substance, its weight, and how it was collected and handled. He also reviews the legality of the stop or search and the evidence offered to distinguish personal possession from an intent to distribute.
Colorado uses four drug felony levels, with Level 1 the most serious. Classification depends on the substance, amount, alleged conduct, and circumstances. Not every drug possession charge is a felony.
Possession and distribution laws: C.R.S. § 18-18-403.5 and C.R.S. § 18-18-405.
Level 1 Drug Felonies
The most serious drug offenses, including large-quantity distribution cases, transfers to minors, fentanyl-related offenses causing death, and all special offender cases.
Sentencing options for a Level 1 drug felony
- State Prison: 8–32 years, followed by 3 years of mandatory parole. Qualifying aggravating circumstances raise the minimum to 12 years. Prison is mandatory.
Level 2 Drug Felonies
Serious drug offenses, including distribution involving quantities below Level 1 thresholds and certain transfers to minors. The precise substance and conduct determine the level.
Sentencing options for a Level 2 drug felony
- State Prison: Ordinarily 4–8 years; aggravated range 8–16 years. A prison sentence is followed by 2 years of mandatory parole.
- Probation: When legally eligible, with conditions that may include treatment, testing, and county jail.
- Community corrections: Subject to eligibility, court approval, and program acceptance.
Level 3 Drug Felonies
Often involves distribution, manufacture, or possession with intent to distribute smaller quantities than those triggering Level 1 or 2, subject to substance-specific rules.
Sentencing options for a Level 3 drug felony
- State Prison: Ordinarily 2–4 years; aggravated range 4–6 years. A prison sentence is followed by 1 year of mandatory parole.
- Probation: When legally eligible, with conditions that may include treatment, testing, and county jail.
- Community corrections: Subject to eligibility, court approval, and program acceptance.
Level 4 Drug Felonies
Includes many felony possession offenses and certain lower-level distribution or transfer offenses. The substance, weight, and any special statutory provisions remain important.
Sentencing options for a Level 4 drug felony
- State Prison: Ordinarily 6–12 months; aggravated range 1–2 years. A prison sentence is followed by 1 year of mandatory parole.
- Probation: When legally eligible, with conditions that may include treatment, testing, and county jail.
- Community corrections: Subject to eligibility, court approval, and program acceptance.
Before imposing prison for a Level 4 drug felony, the court must exhaust reasonable and appropriate alternative sentences under C.R.S. § 18-1.3-104.5. Certain possession offenses also have special sentencing rules.
Ranges summarized from C.R.S. § 18-1.3-401.5. Available alternatives depend on eligibility, criminal history, and the offense. Special-offender provisions and other sentencing enhancements can require different penalties.
Discuss your drug caseCOMMON FELONY CASES
Motor Vehicle Theft.
You do not have to be the person who originally stole the vehicle to face a motor vehicle theft charge.
Possession and knowledge matter
Under C.R.S. § 18-4-409, obtaining, receiving, retaining, or exercising control over someone else’s vehicle can support a charge. The prosecution must prove the required knowing conduct and that you knew, or reasonably should have known, that it was without authorization or, where applicable, by threat or deception.
This can include possessing or controlling a vehicle stolen by someone else. But simply being present in a stolen vehicle does not automatically prove the required control or knowledge.
Attention to detail is essential
What were you told about the vehicle? Who supplied the keys? Did you have permission, and what circumstances would have suggested otherwise? Those details can be central to whether the state can prove its case beyond a reasonable doubt.
James’s expertise and attention to detail help him examine the prosecution’s assumptions, the evidence of control, and what you knew or reasonably should have known. He reviews the circumstances of how the vehicle came into your possession and the evidence supporting the degree charged.
Colorado’s vehicle theft statistics
The National Insurance Crime Bureau ranked Colorado first among states in 2022, with 731.28 vehicle thefts per 100,000 residents and 42,706 reported thefts. Its 2024 report recorded a lower rate of 430.04 per 100,000, placing Colorado fourth in a ranking that included the District of Columbia. The first-place statistic describes 2022, rather than today’s ranking.
Sources: NICB 2022 Hot Spots report and NICB 2024 vehicle theft report.
First Degree Motor Vehicle Theft
Applies when the statutory conduct and knowledge requirements are met and the person has two qualifying prior convictions or adjudications for motor vehicle theft or unauthorized use of a motor vehicle, separately brought and tried. This is a Class 3 felony.
Sentencing options for a Class 3 felony
- State Prison: Ordinarily 4–12 years, followed by 3 years of mandatory parole. Sentencing enhancements can increase the prison term.
- Probation: When legally eligible, with conditions that may include county jail, treatment, or community service.
- Community corrections: Subject to eligibility, court approval, and acceptance by the program.
Second Degree Motor Vehicle Theft
Applies when the statutory conduct and knowledge requirements are met and an additional listed circumstance exists. Examples include keeping control for more than 24 hours, altering the vehicle or its identification number, taking it out of state, specified damage or injury, or using it in another qualifying crime. This is a Class 4 felony.
Sentencing options for a Class 4 felony
- State Prison: Ordinarily 2–6 years, followed by 3 years of mandatory parole. Sentencing enhancements can increase the prison term.
- Probation: When legally eligible, with conditions that may include county jail, treatment, or community service.
- Community corrections: Subject to eligibility, court approval, and acceptance by the program.
Third Degree Motor Vehicle Theft
Covers the basic unauthorized obtaining or control of a vehicle, or receiving or retaining it from someone other than the owner while exercising control, with the required knowledge or reasonable-knowledge standard. This is a Class 5 felony.
Sentencing options for a Class 5 felony
- State Prison: Ordinarily 1–3 years, followed by 2 years of mandatory parole. Sentencing enhancements can increase the prison term.
- Probation: When legally eligible, with conditions that may include county jail, treatment, or community service.
- Community corrections: Subject to eligibility, court approval, and acceptance by the program.
Offense degrees: C.R.S. § 18-4-409. Sentencing: C.R.S. §§ 18-1.3-104, 18-1.3-201, 18-1.3-301, and 18-1.3-401. These summaries describe the current framework; the offense date and any applicable enhancements matter. Unauthorized use of a motor vehicle under C.R.S. § 18-4-409.5 is a separate offense.
Discuss your motor vehicle theft caseSELF DEFENSE
Defending yourself.
Defending your actions in court.
Published estimates cited by the CDC place annual defensive firearm use in the hundreds of thousands or more, although estimates vary widely by study. A defensive encounter can still lead to criminal charges and the need to defend your actions in court.
Source: CDC: About Firearm Injury and Death.
Colorado’s “Make My Day” law
C.R.S. § 18-1-704.5 protects an occupant of a dwelling who uses force, including deadly force, against an intruder when all of the statutory requirements are met:
- The other person unlawfully entered the dwelling.
- The occupant reasonably believes the intruder committed another crime inside, or is committing or intends to commit a crime against a person or property beyond the unlawful entry.
- The occupant reasonably believes the intruder might use physical force, however slight, against an occupant.
When these conditions are satisfied, the statute provides immunity from criminal prosecution and civil liability for the use of force. An unlawful entry alone is not enough. Whether the location is a dwelling and whether the required reasonable beliefs existed can be central to the case.
The affirmative defense of self-defense
Under C.R.S. § 18-1-704, a person may use force reasonably believed necessary to protect themselves or another person from the use or imminent use of unlawful physical force.
Deadly force has stricter limits. The person must reasonably believe lesser force is inadequate and reasonably believe they or another person face imminent death or great bodily injury. Other specified circumstances involve particular violent crimes. Provocation, being the initial aggressor, and other statutory exceptions can affect the defense.
When self-defense is properly raised as an affirmative defense, the prosecution must disprove it beyond a reasonable doubt under C.R.S. §§ 18-1-407 and 18-1-710. Different rules apply when self-defense evidence is used to contest a reckless or negligent mental state.
Preparing the defense
James examines the sequence of events, witness accounts, recordings, physical evidence, and firearm details to assess the applicable defense. His experience as a concealed carrier, competitive shooter, hunter, and gunsmith informs that analysis.
Discuss a self-defense caseExperience that informs
your defense.
James’s primary practice is felony criminal defense. He has defended clients in cases ranging up to first-degree murder and brings experience from both prosecution and private practice to reviewing the state’s evidence and developing a defense.
A former deputy district attorney, James served in the Fourth Judicial District Attorney’s Office from 2009 to 2013, prosecuting misdemeanor and felony cases in El Paso and Teller Counties. He entered private practice in 2013 and has been specializing in criminal law since 2010.
James offers payment plans and financing. Schedule a consultation to discuss representation and the options for your case.
Talk with James about your caseLearn more about Colorado’s courts. This overview is general information; the classification and consequences of a particular charge depend on the applicable law.