When you face criminal charges, the specific details of the accusation carry significant weight. One of the most serious classifications a charge can have in this state is a "crime of violence." Understanding this label is the first step in building a strong defense, and that is why obtaining help from a knowledgeable attorney is so essential.
At Grabski & Shah, our attorneys, Jared Grabski and Meghal Shah, have witnessed firsthand how this designation can dramatically alter the course of a case. We can help you understand what a "crime of violence" designation means and the charges you face. Contact us for legal assistance in Colorado Springs, Colorado, and the surrounding areas.
Understanding the "Crime of Violence" Label
In simple terms, a "crime of violence" is not a separate criminal charge. It is a sentence enhancer or a special tag added to another felony charge. This designation means that during the commission of a felony, the accused person allegedly used, possessed, or threatened the use of a deadly weapon. It can also apply if the act resulted in serious bodily injury or death to anyone other than a participant in the crime.
This distinction is important. For example, if you are charged with a crime like robbery, and the prosecution argues it was a crime of violence, the possible penalties you may face will increase substantially. Adding this sentence enhancer shifts the entire dynamic of the legal proceedings and significantly impacts the possible outcomes that could shape your future.
Many people are surprised to learn what qualifies as a"crime of violence". It goes beyond obvious violent acts. For example, if a person commits burglary of a home and is carrying a firearm, even if they never show it or use it, the charge could be classified as a crime of violence simply because a deadly weapon was present.
Mandatory Minimum Sentencing for a Crime of Violence
A "crime of violence" designation can significantly impact your potential sentencing. Colorado law imposes mandatory minimum sentences for these offenses. This means that if you are convicted, the judge has minimal discretion and must sentence you to a prison term that is at least the midpoint of the presumptive sentencing range for the underlying felony.
To put this in perspective, let's consider a Class 3 felony. The standard presumptive range for this level of offense is four to twelve years in the Department of Corrections. If that same felony is designated a crime of violence, the mandatory minimum sentence the judge must impose becomes eight years—the midpoint of that range. The maximum sentence also increases, going up to 24 years.
This mandatory sentencing structure removes the possibility of probation or a lighter sentence that a judge might otherwise consider. It forces a specific and lengthy period of incarceration, making the stakes incredibly high for anyone facing such a charge. The goal of a strong defense is often to challenge the evidence supporting the crime of violence designation to avoid these severe mandatory outcomes.
How the Prosecution Can Add a "Crime of Violence" Enhancer
For a "crime of violence" sentence enhancer to apply, the prosecution must take specific steps. It is not something that can be added at the last minute. The district attorney must include the specific allegation in the formal charging document, known as the indictment.
This document must clearly state that the defendant is being accused of a crime of violence. It will specify the basis for this claim, whether it is the alleged use of a deadly weapon or the causing of serious bodily injury. By including this in the initial charges, the prosecution alerts the defense that they intend to seek the enhanced penalties associated with this designation.
If the case goes to trial, the jury will be asked to make a special finding. In addition to determining guilt or innocence on the main felony charge, they must also decide, beyond a reasonable doubt, whether the facts support the allegation of a crime of violence. If the jury finds that the elements of the sentence enhancer have been met, the judge is then bound by the mandatory sentencing laws.
Colorado Laws Governing Crimes of Violence
Colorado Revised Statutes § 18-1.3-406 is the key law governing crimes of violence. This statute outlines what constitutes a crime of violence and establishes the mandatory sentencing requirements for such offenses. It defines a "deadly weapon" broadly, including not only firearms but also knives or any other object capable of death or serious bodily injury.
The statute also lists specific offenses that are considered per se crimes of violence, meaning they are automatically classified as such. These include crimes like murder, first-degree assault, and aggravated robbery. For other felonies, the prosecution must prove the specific elements, such as the use of a weapon or causing serious injury, for the designation to apply.
This law significantly limits a judge's options. It mandates that any sentence imposed for a crime of violence must be served in the Department of Corrections; probation is not an option. It also restricts the defendant's ability to earn good-time credit while incarcerated, thereby extending the actual time a person will spend behind bars. Understanding the specific language and implications of this statute is fundamental to defending against these charges.
How to Build a Defense Against a Crime of Violence Charge
Challenging a "crime of violence" designation requires a focused defense strategy. Since it is a sentence enhancer, the efforts for challenging these charges are often twofold: defending against the underlying felony charge and, simultaneously, disputing the facts that support the crime of violence designation.
One common approach is to challenge the definition of a "deadly weapon." Was the object in question truly capable of causing serious harm? An experienced criminal defense attorney might also question whether the defendant actually "used" or "threatened to use" the weapon. Mere possession is not always enough, depending on the specifics of the case.
If the designation is based on serious bodily injury, your attorney will carefully examine the medical evidence. This commonly involves scrutinizing reports to see if the injury meets the high legal standard of "serious," which involves a substantial risk of death, permanent disfigurement, or loss or impairment of a body part or organ.
In many cases, your attorney may be able to argue that the injury, although unfortunate, does not reach this level. By successfully challenging the sentence enhancer, you can often return the case to a standard felony charge, restoring the possibility of a more reasonable outcome.
Criminal Defense Attorneys in Colorado Springs, Colorado
At Grabski & Shah, we understand Colorado law and the grave, lasting consequences that can result from a misstep in court. If you are facing charges related to a crime of violence, it is critical to handle your case carefully from the outset.
Our attorneys, Jared Grabski and Meghal Shah, provide strategic legal support when you need it most. We are committed to protecting the rights and futures of our clients in Colorado Springs and the surrounding areas. Call today to schedule a consultation.
