Colorado’s habitual criminal law allows prosecutors to triple or quadruple the maximum sentence on a new felony when a defendant has prior felony convictions, and in some scenarios it mandates life in prison with no parole for 40 years. Two prior felonies within ten years can turn a class 4 felony with a six-year maximum into an 18-year sentence. The Law Office of Kimberly Diego has defended Colorado criminal charges since 2009, and Denver criminal defense attorney Kimberly Diego handles habitual criminal allegations directly.

How Colorado Sets the Starting Sentence Range for Felonies

Non-drug Colorado felonies carry presumptive sentencing ranges set by C.R.S. § 18-1.3-401, with drug felonies sentenced separately under § 18-1.3-401.5. Those ranges set the baseline before any enhancement applies:

• Class 2 felony: 8 to 24 years
• Class 3 felony: 4 to 12 years
• Class 4 felony: 2 to 6 years
• Class 5 felony: 1 to 3 years
• Class 6 felony: 1 year to 18 months

A judge can sentence above the standard range when extraordinary aggravating circumstances are found under § 18-1.3-401(8). Our Denver criminal defense lawyer starts here because this starting range is the baseline from which every sentence increase is calculated.

The “Little Habitual” Enhancement Under Section 18-1.3-801(1.5)

The first habitual tier, often called the “little habitual,” applies when a person is convicted of any class 1, 2, 3, 4, or 5 felony or a level 1, 2, or 3 drug felony and has two prior felony convictions within the past ten years. The new sentence must be set at three times the maximum of the standard sentencing range. A class 4 felony with a six-year maximum becomes an 18-year sentence.

The two priors must be based on charges separately brought and tried and arise out of separate and distinct criminal episodes. Our criminal defense attorney examines each prior to see whether it meets that test.

The “Big Habitual” and Life Sentence Provisions

The second tier, known as the “big habitual,” applies when a person is convicted of any felony and has three prior felony convictions, with no time limit on how far back those priors can reach. At this level, the court must impose a sentence equal to four times the maximum of the standard sentencing range for the current offense. If a habitual offender is later convicted of a qualifying crime of violence, the consequences escalate to a life sentence with no possibility of parole for 40 years.

Certain serious felonies carry an additional trigger: two prior convictions in the same felony category can also result in a life sentence, with parole eligibility only after 40 calendar years have been served.

Our criminal defense attorneys work to defeat the underlying felony charge or to negotiate the removal of habitual-offender counts before these multipliers come into play.

Defenses to a Habitual Criminal Allegation

Habitual counts must be proven at a separate hearing under § 18-1.3-803 after the underlying conviction, giving the defense room for targeted challenges. Common defenses our Denver criminal defense attorney pursues include:

• Challenging whether a prior guilty plea was knowing and voluntary, or whether the defendant had ineffective legal representation at the time
• Disputing whether priors were “separately brought and tried” or arose from separate episodes
• Excluding drug convictions that no longer qualify as felonies under current Colorado law, per § 18-1.3-801(3)
• Arguing that the sentence is unconstitutionally excessive given the offense, using the framework established in Solem v. Helm
• Negotiating dismissal of habitual counts in a plea resolution on the underlying case

Early intervention is critical because once the habitual hearing is completed, the judge has very little room to impose a lighter sentence than the law requires.

Colorado’s 2023 Modification Petition for Habitual Sentences

For offenses committed on or after July 1, 2023, Colorado law allows a defendant sentenced to 24 years or more who has served at least ten calendar years to petition the court for resentencing. The earliest eligibility date is 2033, but our criminal defense lawyer incorporates it into the sentencing strategy for clients facing habitual-allegations today.

If Prosecutors Have Mentioned Habitual Counts, Get Counsel Before Your Next Hearing

Prior convictions do not have to dictate the outcome of your current case, but the window to challenge a habitual criminal filing is short and closes quickly once the hearing is set. The Law Office of Kimberly Diego has defended Colorado criminal charges since 2009 as one of the state’s few female-owned criminal defense practices, with recognition from the National Trial Lawyers and America’s Top 100 Attorneys, and offers bilingual representation in English and Spanish. Call or contact us online for a free 45-minute consultation.