Being accused of any crime is enough to leave you unnerved and confused about your future, but it is important to understand what being accused of a crime of violence actually means.
All felony offenses in Colorado are subject to a broad range of presumptive penalties. A judge can impose these penalties after you have been convicted. If the crime of violence sentence enhancer has been assessed in your case on the part of the District Attorney, drastically increased penalties may apply. This can be a daunting experience, particularly if you do not know what to expect.
The stakes are much higher with a sentence enhancement of a crime of violence.
The presiding judge may have the option to sentence a person to community corrections, the Department of Corrections, or probation within a presumptive range of penalties. This differs based on the offense’s classification. If you have a felony sentence and the jury finds that the offense was committed as a crime of violence, the judge loses practically all of the discretion he or she otherwise would have had in the sentencing process.
The judge cannot sentence a person in this situation to community corrections or to probation and instead must sentence the individual to the Department of Corrections. Furthermore, the possible penalty range increases and the judge has to sentence the individual to at least a mid-point of the presumptive range associated with this. The sentence enhancement of a crime of violence can be challenged only with the help of an experienced attorney.
There are two different components that must be present in order to be at risk of a crime of violence enhancement. These include the alleged offense itself. Several crimes are subject to a crime of violence enhancement, including first degree arson, kidnapping, murder, first and second degree assault, first degree burglary, escape, and criminal extortions. Scheduling a consultation with an experienced criminal defense lawyer can help you.
Any crime of violence or classification of a serious crime should prompt you to get help. You can’t afford to represent yourself in a case like this with high stakes.