In the state of Colorado, it is still against the law to possess, use, sell, or manufacture certain kinds of drugs and controlled substances. If you have been accused of any of these drug-related crimes, you may be facing a drug felony charge. There are many different degrees of drug felonies in Colorado, and the penalties can differ quite a lot depending on the circumstances.
If you are facing a drug-related accusation, you will need to hire dependable legal help to represent you. At the Law Offices of Clifton Black, we have experience with drug crime offenses and can help you maintain your rights and prove your innocence. Keep reading to find out what drug felonies there are in Colorado and the potential penalties you may be looking at.
Level I Drug Felony Charges
Colorado classifies different drugs in a way that indicates how serious the drug-related crime is. This is one of the many things that will impact what level of drug felony charge you may be looking at, as well as the penalties you could receive for it. For example, Schedule V drugs have a low risk of addiction and only come with minor penalties, while Schedule I drugs are much more addictive and come with higher penalties.
The most serious felony drug charges you could receive are level I drug felony charges. These charges are applied if certain amounts of Schedule I and Schedule II substances are being sold, over 50 pounds of marijuana (or 25 pounds of marijuana concentrates) have been sold, or if the accused makes a significant amount of their income or income from the sale of drugs. These felony charges also depend on whether it is a minor who is buying the controlled substance or marijuana.
A level I drug felony charge comes with a fine of up to $1 million and up to 32 years in prison, with 8 years mandatory prison.
Level II Drug Felony Charges
A slightly less serious charge than a level I drug felony charge is a level II charge. These charges apply if someone is caught selling over 14 grams of a Schedule I or Schedule II substance. This also includes manufacturing controlled substances.
The penalty for a level II drug felony charge includes eight years in prison and a fine that could be as high as $750,000.
Level III Drug Felony Charges
A level III drug felony charge is very similar to the charge above since it involves someone selling over 14 grams of a Schedule I or Schedule II substance. These charges also apply if someone is caught manufacturing the substances or distributing materials to manufacture them.
The penalties include up to eight years in prison and a fine that could be up to $750,000. You can also be accused of a level III drug felony for distributing controlled substances to a minor. This kind of drug felony charge can come with a four-year prison sentence and fines up to $500,000.
Level IV Drug Felony Charges
Being accused of a level IV drug felony charge is quite serious compared to the other charges in Colorado. A level IV charge applies if someone is caught selling four or fewer grams of any controlled substance or is in possession of ketamine or GHB.
For this charge, the penalties can include up to 12 months in prison along with fines up to $100,000.
Factors That Influence Drug Felony Sentencing
Something you should understand about Colorado drug laws is that there is no one-size-fits-all penalty or charge for every situation. The judge over each case has the ability to decide what penalties should apply for that specific case and situation (excluding mandatory prison sentences like with a conviction of a drug felony 1). Because of this, there are different factors that could influence how long the sentencing is and how extensive the penalties are.
No matter what type of drug felony charge you have been accused of, you need to hire a drug crime attorney to represent you. This is a vital step in protecting your rights and ensuring that you have a fair trial.
Aggravating Factors
In Colorado, the judge over a drug-related case will often consider the aggravating factors for that specific situation. Aggravating factors usually include the past criminal history of the accused, such as whether they are on a bond for a different felony or if they are on parole. Any of these aggravating factors can double the prison time.
Age
Drug felony charges are more likely to come with minimal penalties if the person accused is younger. If there are no aggravating factors and they show genuine remorse, there will usually be fewer penalties applied, or they may even get a misdemeanor instead of a felony.
Colorado has also made it so that certain classifications of drugs are automatically a misdemeanor instead of a felony. This was designed to allow people to seek help instead of being punished with a felony charge.
Lifestyle
Some things a judge will take into consideration during sentencing for drug-related crimes are different lifestyle and circumstantial factors. One of these factors is whether the individual was under great personal stress. They may have a substance abuse issue or may have recently lost their job or lost a loved one.
The judge will also consider whether anyone was hurt because of the crime or if the offender was not the main offender in the crime but simply an accessory. Signs of regret and remorse can also help reduce penalties since this shows a desire to change.
It’s also important to remember that every offender may get different probation depending on what the judge decides. Probation is also only allowed for an offender if they have pleaded guilty to the felony charge. The offender must agree to the terms of the probation and follow them; otherwise, they could face additional jail time and fines.
Hire an Attorney Today at the Law Offices of Clifton Black
If you have been accused of a drug-related felony in Colorado, you need to find a drug crime attorney who can defend you. At the Law Offices of Clifton Black, we are dedicated to helping our clients get a fair trial where the punishment fits the individual, not just the crime.
Contact us today at the Law Offices of Clifton Black to request a consultation at 719-328-1616.
