Understanding Colorado’s Three Strikes Law: Habitual Criminal Penalties

If you’re facing charges as a repeat offender in Denver, understanding Colorado’s three strikes law and habitual criminal penalties could be the difference between years in prison and your freedom. Colorado’s habitual offender statute dramatically increases prison sentences for defendants with prior felony convictions, sometimes resulting in life sentences even for non-violent crimes.

At the Law Office of Jacob Martinez, our experienced Denver habitual criminal defense lawyers represent clients facing three strikes charges and other serious felony offenses across Colorado. We work tirelessly to challenge prior convictions, minimize sentencing enhancements, and protect your rights when the stakes are at their highest.

What Is Colorado’s Habitual Criminal Statute?

Colorado’s three strikes law, formally known as the habitual criminal statute under C.R.S. § 18-1.3-801, works differently than the California version many people recognize. Rather than mandating life sentences after three felonies, Colorado’s law creates sentencing enhancements based on your prior conviction record. The statute distinguishes between “little habitual criminals” and “big habitual criminals” based on the number and nature of previous offenses.

The prosecution can seek habitual offender status when you face new felony charges in Colorado and have qualifying prior convictions. These prior convictions must be proven beyond a reasonable doubt in a separate hearing. Your attorney can challenge whether your prior convictions actually qualify under the statute’s technical requirements.

How Habitual Offender Sentencing Works in Colorado

The penalties for habitual offenders in Colorado depend on your prior conviction history and the classification of your current offense. Colorado law establishes different sentencing ranges that significantly increase the maximum prison time you could face.

  • Little habitual criminal: Applies when you have two prior felony convictions; sentencing range increases by extending the maximum by up to double the presumptive range
  • Big habitual criminal: Applies when you have three or more prior felony convictions for crimes of violence; can result in mandatory sentences of up to life in prison
  • Multiple prior convictions: Each qualifying prior conviction can be used to enhance your sentence, even if some occurred decades ago
  • Class 1-4 felonies: Current charges for serious felonies face the most dramatic sentencing increases under habitual offender laws

These enhanced penalties apply regardless of whether your prior convictions resulted from plea agreements or trials. The prosecution must prove your prior convictions beyond a reasonable doubt in a separate proceeding before Colorado courts can impose habitual offender sentences.

Defending Against Three Strikes Charges in Denver

Defending Against Three Strikes Charges in Denver

A strong defense strategy can make the difference between decades in prison and a more reasonable outcome. Your Denver criminal defense lawyer can challenge habitual offender allegations through multiple legal approaches.

  • Challenge prior convictions: We can argue that prior convictions don’t meet statutory requirements, were improperly obtained, or should be dismissed due to procedural errors
  • Question the classification: Not all felonies qualify for habitual offender enhancement, and we can argue your priors don’t fit the statutory definition
  • Negotiate plea agreements: We can work with prosecutors to resolve cases without triggering habitual offender status, potentially through reduced charges
  • Timing considerations: Colorado law has specific requirements about when and how the prosecution must file habitual offender allegations

Each case presents unique opportunities for defense based on the specific circumstances of your prior convictions and current charges. Early intervention by an experienced attorney is essential to identifying and pursuing these defense strategies.

Why You Need a Denver Three Strikes Attorney

As a Denver habitual criminal defense lawyer, we’ve seen how enhanced penalties under Colorado’s three strikes law can devastate lives and families. A knowledgeable Colorado criminal defense attorney experienced with habitual offender cases understands the technical requirements prosecutors must meet and knows how to challenge their evidence effectively.

We carefully investigate prior convictions, looking for legal errors or procedural issues that can disqualify them from being used to enhance sentencing. Our firm provides comprehensive criminal defense representation for clients throughout Denver facing habitual offender charges, developing individualized defense strategies based on your history, current charges, and personal circumstances.

Don’t assume prior convictions automatically mean harsher penalties, legal defenses may still apply, even in cases that appear difficult.

Contact a Denver Habitual Criminal Defense Attorney Today

Contact a Denver Habitual Criminal Defense Attorney Today

The habitual criminal penalties in Colorado can permanently alter your future. Having a skilled Denver three strikes defense lawyer is essential to protect your rights and freedom.

At the Law Office of Jacob Martinez, we provide experienced, aggressive defense for individuals facing habitual offender charges in Denver and throughout Colorado.  Don’t wait until it’s too late to protect your rights and your future.

Contact the Law Office of Jacob Martinez at (720) 246-6700 or contact us online today to schedule a confidential consultation and discuss your defense options with a trusted Denver habitual criminal defense attorney.