Colorado Domestic Violence is a serious charge. Domestic violence is already a serious criminal offense in Colorado. In situations where two people assaulted each other, they both may face an arrest and charges for domestic violence. Rep. L. Court, Rep. D. Esgar, Rep. R. Fields, Rep. J. Ginal, Rep. M. Hamner, Rep. D. Kagan, Rep. L. Landgraf, Rep. P. Lee, Rep. S. Lontine, Rep. E. McCann, Rep. D. Mitsch Bush, Rep. D. Pabon, Rep. B. Pettersen, Rep. P. Rosenthal, Rep. L. Sias, Rep. K. Van Winkle, Rep. F. Winter, Rep. D. YoungSen. .and that person has been three times previously convicted, upon charges separately brought and tried and arising out of separate and distinct criminal episodes, of a felony or misdemeanor or municipal ordinance violation, the underlying factual basis of which was found by the court on the record to include an act of domestic violence. (18 U.S.C. Colorado Habitual Domestic Violence Offender Law - CRS Section 18-6-801 (7) - Denver, Colorado Criminal Lawyer Email: hmichaelsteinberg@ denver-colorado-criminal-lawyer.com Colorado Criminal Defense Lawyer - Call 303-627-7777 - H. Michael Steinberg Colorado Habitual Domestic Violence Offender Law - CRS Section 18-6-801 (7) Colorado's Habitual Domestic Violence Offender Law Charges of Domestic Violence If You Are Accused, Speak to an Attorney Right Away Consequences Increase for Habitual Offenders Domestic violence is a heavily prosecuted criminal offense in the State of Colorado that can lead to serious consequences for the accused party. 921 (a) (33) (2022).) As a felony, menacing carries the possibility of up to 3 years in prison and a fine of up to $100,000. If you are facing a third or subsequent felony crime, contact us at Colorado Legal Defense Group. Assault in Colorado involves intentional, knowing, or reckless bodily injury to another person. It has been rejected in some jurisdictions and is used sparingly in others. This is sometimes called Colorados three-strikes law. (4), C.R.S. The degree of assault may depend on the seriousness of the injury, use of a deadly weapon, and whether the victim was a police officer, firefighter, or other official engaged in the course of their duties. Three or more convictions for serious traffic offenses within a five-year period can lead to being labeled a Habitual Traffic Offender (HTO) by Florida Highway Safety and Motor Vehicles per Florida Statute 322.264. Failure to Register as a Sex Offender; 2023 Denver Colorado Criminal Lawyer. (h) If a defendant sells or otherwise transfers a firearm or ammunition to a private party who may legally possess the firearm or ammunition, as described in subparagraph (III) of paragraph (b) of this subsection (8), the defendant shall acquire: (I) From the transferee, a written receipt acknowledging the transfer, which receipt shall be dated and signed by the defendant and the transferee; and. Habitual domestic violence offenses include: Aggravated kidnapping Coercion False imprisonment Defrauding a financial institution Forgery Anyone with three prior domestic violence convictions in this state is considered a habitual domestic violence offender, so a fourth domestic violence charge - without regard to the specifics of the crime itself - may be prosecuted as a Class 5 felony, which is punishable upon conviction by up to three years in a Colorado state prison . (2) Subsection (1) of this section shall not apply to persons sentenced to the department of corrections. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Spiking a persons drink with a drug without their consent is also a form of assault. It is normal to be frightened and overwhelmed following an arrest. Call for Public Comment. The Stages of a Colorado Criminal Case Pre -Trial, Colorado Criminal Law The Rules of Discovery in Colorado Getting The Information You Need To Defend Your Clients, Understanding How Police Make Identifications- Misidentification and Photo Lineups. (B) The court shall issue a warrant for the defendant's arrest. That's why we offer excellent and experienced criminal defense in domestic violence cases in the Colorado court system. Domestic Violence Program. The prosecution shall present evidence to the trier of fact that the prior conviction included an act of domestic violence. (b) Upon issuance of an order to relinquish one or more firearms or ammunition pursuant to paragraph (a) of this subsection (8), the defendant shall relinquish any firearm or ammunition not more than twenty-four hours after being served with the order; except that a court may allow a defendant up to seventy-two hours to relinquish a firearm or up to five days to relinquish ammunition pursuant to this paragraph (b) if the defendant demonstrates to the satisfaction of the court that he or she is unable to comply within twenty-four hours. We reverse and remand for further proceedings. Please enter website address. (5) Before granting probation, the court shall consider the safety of the victim and the victim's children if probation is granted. (II) A law enforcement agency that returns possession of a firearm or ammunition to a defendant in good faith as permitted by paragraph (f) of this subsection (8) shall not be held criminally or civilly liable for such action. While Colorado's habitual offenders laws are controversial, they are a fact of life. How can a criminal defense lawyer help in domestic violence cases? Qualifications Of H. Michael Steinberg Attorney Profile, What A Colorado Criminal Defense Attorney Does Part I Pre-Trial, What A Colorado Criminal Defense Attorney Does Part II Trial and Post Trial, The Role and Responsibility of a Colorado Criminal Defense Attorney, Colorado Criminal Law Guide Taking A Plea Or Going To Trial The Decision To Plea Bargain Or Not To Plea Bargain, A Walk Through The Colorado Criminal Justice System Part I Pre-Trial, A Walk Through The Colorado Criminal Justice System Part II Trial and Post Trial, Stages of A Criminal Trial and Constitutional Principles Of Law Summary. After two serious felony convictions, a third felony conviction could result in life in prison, much higher than the normal maximum sentence for the same crime. Does Experience Really Matter In Colorado Criminal Cases? The maximum penalty for a class 3 felony crime of violence is 16 years in prison and a fine of up to $750,000. Colorado Traffic Stops and Questioning Do You Have To Answer Colorado Police Questions? 18-4-505, Theft Of Rental Property 18-4-402 (3.5), 18-4-408 (3) (a), Aggravated motor vehicle theft 18-4-410 (3.5), Criminal Possession of a Financial Transaction Device 18-5-903 (2) (a), Criminal possession of an identification document 18-5-903.5 (2) (a), Computer crime. In order to be convicted of domestic violence assault in Colorado under C.R.S. The following were arrested or booked into the Hancock County Jail between Jan. 31 and Feb. 27: Paul A. That can result in a Class 5 felony, which is punishable by up to three years in state jail and as much as $100,000 in fines. See our related article, What class of crime is domestic violence in Colorado? A fourth charge of domestic violence - even if it's a misdemeanor - may be charged as a Class 5 felony punishable on conviction with a term in a state prison. 2022, to require that a jury determine whether a defendant has been previously convicted of a domestic violence offense, unless the defendant previously admitted the domestic violence finding as part of a plea agreement, The bill was passed unanimously by the . In short, an act of domestic violence includes any actual or threatened act against an intimate partner or household member. There are a number of possible defenses to domestic violence assault charges. the prosecuting attorney may petition the court to adjudge the person an habitual domestic violence offender, and such person shall be convicted of a class 5 felony. Disclaimer: These codes may not be the most recent version. Colorados mandatory reporting laws in child abuse cases. After two serious felony convictions, a third felony conviction could result in life in prison, much higher than the normal maximum sentence for the same crime. No court shall accept a plea of guilty or nolo contendere to an offense which does not include the domestic violence designation required in section 16-21-103, C.R.S., when the facts of the case indicate that the underlying factual basis includes an act of domestic violence as defined in section 18-6-800.3 (1) unless there is a good faith representation by the prosecuting attorney that he or she would be unable to establish a prima facie case if the defendant were brought to trial on the original offense. If you have questions about Colorado Habitual Domestic Violence Offender Law in the Denver metropolitan area and throughout Colorado, attorney H. Michael Steinberg will be pleased to answer those questions and to provides quality legal representation to those charged in Colorado adult and juvenile criminal matters. Colorado Arrest and Bench Warrants Serving The Warrant and Making The Arrest Municipal (City), State and Federal Arrest Warrants. Additional domestic violence crimes include: Assault and battery; Disorderly conduct . The victim and perpetrator had an intimate relationship. [HMS see here that an act of domestic violence can also be ], or any crime against property, whether or not such crime is a felony, when such crime is used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship, [HMS The finding here requires the convicted domestic violence defendant to complete a court ordered domestic violence treatment purchase cialis online cheap program. These could be charged in place of, or in addition to domestic violence assault charges. Under Colorado law, a "habitual offender" is a person charged with a serious felony who has been convicted of two prior felonies. However, if the accused is found to be a habitual domestic violence offender, they can be convicted of a class 5 felony. If you have a record of a felony offense above Class 6 and commit another offense, if convicted, you're facing many years in prison. Also learn about the Colorado crime of false imprisonment. In the Denver metropolitan area and throughout Colorado, attorney H. Michael Steinberg provides quality legal representation to those charged in Colorado adult and juvenile criminal matters.as reagrds Colorado Habitual Domestic Violence Offender Law. (7) In the event a person is convicted in this state on or after July 1, 2000, of any offense which would otherwise be a misdemeanor, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence as defined in section 18-6-800.3 (1), and that person has been three times previously convicted, upon charges separately brought and tried and arising out of separate and distinct criminal episodes, of a felony or misdemeanor or municipal ordinance violation, the underlying factual basis of which was found by the court on the record to include an act of domestic violence, the prosecuting attorney may petition the court to adjudge the person an habitual domestic violence offender, and such person shall be convicted of a class 5 felony. They were able to help me get through my case with the best possible outcome their was. The information on this Criminal Defense Attorneys & Lawyers / Law Firm website is for general information purposes only. The offense date of each impaired driving offense must be after the conviction date of the previous offense. Stalking in Colorado is a felony offense under Vonnies Law. A first offense is a class 5 felony and a second or subsequent offense is a class 4 felony. An individual suspected of domestic violence assault may be charged with the crime of assault, with added charges if it involves domestic violence. It is not necessary to show a sexual relationship between the individuals to qualify as intimate. Domestic violence also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship. A conviction for domestic violence assault results in a mandatory arrest and can lead to jail time, treatment programs, a restraining order, and could prevent the defendant from owning a firearm. [HMS Under C.R.S. Multiple domestic violence offenses can lead to serious consequences. Class 2 felonies are the second most serious category of Colorado felonies. Colorado law calls these types of offenders " habitual domestic violence offenders " and requires that a court sentence the offender to a harsher sentence. Class 1 felonies are the most serious category of Colorado felonies, and they carry the harshest punishment. The former convictions and judgments shall be set forth in apt words in the indictment or information. Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law. (c) Nothing in this subsection (1) shall preclude the court from ordering domestic violence treatment in any appropriate case. Colorado Criminal Defense Tactics Should I Choose A Judge Trial Or A Jury Trial? . What is a habitual offender in Colorado? Has been twice convicted previously for any of the above offenses. . For the purposes of this section, "conviction" includes any federal, state, or municipal conviction for a felony, misdemeanor, or municipal ordinance violation. (c) Trials in cases alleging that the defendant is an habitual domestic violence offender pursuant to this subsection (7) must be conducted in accordance with the rules of criminal procedure for felonies. Colorado's domestic violence law seems to be languishing. Colorado Criminal Law What Should I Expect Of My Colorado Criminal Defense Lawyer? Multiple convictions may also land you a felony domestic violence charge. If the prosecutor does not have evidence of prior three-strikes convictions, or the defendant has not yet been sentenced for a prior offense, the defendant may still face enhanced sentencing. Free Consultations 303-830-0880. Internet Sexual Exploitation of a Child (18-3-405.4), Felony Sexual Assault Crimes Sexual Assault on a Child (18-3-405), De-Registering As A Sex Offender In Colorado The Mechanics of CRS 16-22-113, Invasion Of Privacy For Sexual Gratification 18-3-405.6 (2) (a), Failure to register As A Sex Offender 18-3-412.5 (3), Colorado Domestic Violence Criminal Defense Issues, The Denver Colorado Crime of Harassment (18-9-111) Harassment Defense Lawyer Attorney, Colorado And False Allegations Of Domestic Violence The Impact On Child Custody Parenting Time Issues, A Close Look At The Colorado Crimes Of Assault First Degree -18-3-202, Second Degree 18-3-203, Third Degree -18-3-204, and Vehicular Assault 18-3-205, Colorado Common Domestic Violence Crimes False Imprisonment (18-3-303), The Wrong Person Is Arrested Understanding Victim Defendant Representation In Colorado Domesitic Violence Cases, Colorado Law: Understanding Colorado Domestic Violence Cases FAST TRACK and Other Laws That Impact Your DV Case, Colorado Domestic Violence Sentencing A Change In The Approach To Mandated Domestic Violence Treatment Requirements, Colorado Habitual Domestic Violence Offender Law CRS Section 18-6-801(7), Colorado Common Domestic Violence Crimes , Colorado Law: Understanding Colorado Domestic Violence Cases FAST TRACK and Other Laws That Impact Your Domestic Violence Case, Colorado Criminal Law of Stalking A Closer Look at Understanding Stalking Law C.R.S. Prior to March 1, 2022, 3rd degree assault carried up to 24 months in jail and/or up to $5,000 in fines. Colorado's Domestic Violence Program (DVP) contracts about $3 million to community-based domestic violence advocacy programs (programs) that intervene, prevent and respond to domestic violence. We are available 24/7 to: Provide you with essential answers, advice and recommendations regarding your rights, options and . Why You Shouldn't Talk to the Police . (c) If a defendant is unable to satisfy the provisions of paragraph (b) of this subsection (8) because he or she is incarcerated or otherwise held in the custody of a law enforcement agency, the court shall require the defendant to satisfy such provisions not more than twenty-four hours after his or her release from incarceration or custody or be held in contempt of court. If such treatment evaluation recommends treatment, and if the court so finds, the person shall be ordered to complete a treatment program that conforms with the standards adopted by the domestic violence offender management board as required by section 16-11.8-103 (4), C.R.S. Your Colorado criminal defense attorney will examine the evidence, conduct an investigation of the incident, and identify all available defenses in your case. 18-3-601. The Charging Decision and Control Of The Case Who Really Controls The Course Of Colorado Criminal Cases? The former convictions and judgments shall be set forth in apt words in the indictment or information. Refer House Bill 16-1066 to the Committee of the Whole. How do prosecutors show evidence of former convictions? Keep in mind; you can also be prosecuted under a domestic violence statute, the parties involved must have been in an "intimate relationship," meaning current or former spouses, current or former unmarried couples, or parents of the same child. Colorado Bail Bond Laws Listed by Denver Colorado Criminal Defense Lawyer H. Michael Steinberg, Colorado Criminal Law The Denial Of Bail After Trial. Instead, in Colorado, a crime charged with the domestic violence aggravator (the definition of "domestic violence" comes from C.R.S. The mission of DVP is to partner with communities to promote the safety and well-being of domestic violence survivors and . A fourth or subsequent conviction involving domestic violence makes an individual eligible to be labeled as a habitual domestic violence offender. Colorado Habitual Domestic Violence Offender Law. Any class 1 or 2 felony, level 1 drug felony, or class 3 felony that is a crime of violence; and. County and district judges can have different interpretations of the law, with some districts prosecuting habitual offenders with lesser sentences. Assault in the first degree in domestic violence cases may involve the use of a deadly weapon, causing serious bodily injury, use of strangulation, or under circumstances showing an extreme indifference to human life. viewing of this information does not constitute, an attorney-client relationship. Please note: Our firm only handles criminal and DUI cases, and only in California. 1. 6 Things to Consider in Hiring A Colorado Criminal Defense Attorney. (i) (I) Not more than three business days after the relinquishment, the defendant shall file a copy of the receipt issued pursuant to paragraph (d), (e), or (h) of this subsection (8), and, if applicable, the written statement of the results of a background check performed on the transferee, as described in subparagraph (II) of paragraph (h) of this subsection (8), with the court as proof of the relinquishment. Colorado Legal Defense Group was a great resource for legal help. These laws fall into two categories: offenses that apply only to certain individuals and offenses that can be applied to anyone who commits certain types of domestic violence offenses. (6) Nothing in this section shall preclude the ability of a municipality to enact concurrent ordinances. Even if you never intended to actually harm another person, intentionally placing them in fear of injury may be considered menacing. A conviction for a crime of violence in Colorado will include enhanced prison sentencing. Refer House Bill 16-1066, as amended, to the Committee of the Whole. The federally licensed firearms dealer shall not return the firearm or ammunition to the defendant unless the dealer: (I) Contacts the bureau to request that a background check of the defendant be performed; and. Can I Use Self Defense In Colorado Obstruction, Resisting Arrest and Second Degree Assault On A Police Officer Cases? The law allows the court to punish habitual offenders more severely than first-time offenders. The tag of a domestic violence conviction has many collateral impacts on your life gun rights, employment, immigration issues, child custody issues, rental rights are among them. SUBJECT: Crimes of Violence and Habitual Offender Sentencing Data Crimes of Violence The commission of, conspiracy to commit, or attempt to commit criminal actions that (1) involve the use, possession, or threat of a deadly weapon or (2) cause serious bodily injury or death of any other person except the offender are classified by Colorado law . 1. Let's review the MCDV requirements . In this article, our Denver Colorado criminal defense lawyers will address: CRS 18-6-801 penalties depend on the seriousness of the case. appeals interprets the language of the habitual domestic violence offender (HDVO) statute, 18-6-801(7), C.R.S. The mission of DVP is to partner with communities to promote the safety and well-being of domestic violence survivors and . If a person has three criminal convictions of domestic abuse in Colorado, they are labeled a habitual domestic violence offender. the order commits domestic violence in the first degree. (II) In any subsequent prosecution for a violation of this paragraph (i), the court shall take judicial notice of the defendant's failure to file a receipt or written statement, which will constitute prima facie evidence that the defendant has violated this paragraph (i), and testimony of the clerk of the court or his or her deputy is not required. If someone commits a misdemeanor that classifies them as a habitual domestic violence offender, that misdemeanor will become a Class 5 felony. When A Criminal Trial Witness Flees The State Can They Be Forced To Return? The Material Witness Warrant. Contact us today by phone or in-person or in our Denver law office. Please note: Our firm only handles criminal and DUI cases, and only in California. Copyright 2023 Colorado Legal Defense Group. Failing to render aid after a collision that resulted in the personal injury or death of another motorist. The person ordered to undergo such evaluation shall be required to pay the cost of the treatment evaluation. 15% of homicides in Colorado are between intimate partners. Please visit H. Michael Steinberg's other websites for additional information on Colorado Violent Assault Crimes, Colorado Juvenile Crimes Law, Colorado Theft Crimes Law, Colorado Probation Violations, Colorado DUI/DWAI Laws, Colorado Criminal Drug Crimes Law, Colorado Criminal Sex Offense Crimes Law, Colorado Criminal Domestic Violence Laws, Colorado General Criminal Law and the Law Office of H. Michael Steinberg. If the victim and defendant do not have an intimate relationship, the defendant may still be charged with simple assault or menacing. Assault in the first degree is the most serious charge, resulting in a class 3 felony. 18-5.5-102 (3) (a), 18-5.5-102 (3) (c) (I), Colorado Violation of a Protection Order Law 18-6-803.5 (2) (a), The Law Public indecency 18-7-301- Indecent Exposure 18-7-302 (2) (b), Perjury in the second degree 18-8-503 (2), Possession of contraband in the second degree 18-8-204.2 (2), Important Colorado Traffic Violations and The Points If Convicted, Colorado Criminal Law Do I Have To Aid A Police Officer If Ordered? Distribution or sale of more than 225 grams of cocaine, heroin, LSD, methamphetamine, Fentanyl, OxyContin, or other schedule I or schedule II drugs, Sale of more than 2 pounds of marijuana to a minor, Sale or distribution of schedule I or schedule II drugs to a minor. Nothing on this or associated pages, documents, comments, In Nevada? You're all set! (II) If a law enforcement agency elects to cease storing a firearm or ammunition for a defendant and notifies the defendant as described in subparagraph (I) of this paragraph (g), the law enforcement agency may dispose of the firearm or ammunition if the defendant fails to make arrangements for the transfer of the firearm or ammunition and complete said transfer within ninety days of receiving such notification. This form is encrypted and protected by attorney-client confidentiality. Road Rage And Aggressive Driving Crimes In Colorado What Is It? This enhancement is a felony Habitual Domestic Violence a class five felony. The most common of these charges is false imprisonment, assault, harassment, and interference with using a communication device. 'Intimate relationships' include current or former spouses, cohabitants, former cohabitants, someone you share a child with, or someone you are dating. Public comments may be submitted for consideration by the Board prior to the identified deadlines. In Colorado, domestic violence assault is not a separate criminal offense. Code of Ala. 13A-6-131 (2005) Domestic violence in the second degree (a) A person commits the crime of domestic violence in the second degree if the person commits the crime of assault in the second degree pursuant to Section 13A-6-21, and the victim is a current or Stalking involves making credible threats and repeatedly following, contacting, or communicating a person or someone they have a relationship with. Level 1 felonies are the most serious category of Colorado drug felonies. Please call him at your convenience at 720-220-2277. Domestic Violence Charges in Colorado: Your Guide OUR BLOG CRIMINAL DEFENSE Anyone they are currently or have been married to Anyone they are currently or have formerly dated Anyone with whom they share a child Sexual Assault Assault Harassment Stalking Elder abuse Child abuse Sexual contact Menacing Violating a restraining order False imprisonment 10CA1481 Adams County District Court Nos. The Colorado Crime of Hit and Run With Injuries 42-4-1601 and Colorados False Reporting Law 18-8-111 A Dangerous Combination, Colorado Parental Responsibility For Juvenile Restitution, Colorado Juvenile Defense Case Investigations By Juvenile Criminal Defense Lawyer H. Michael Steinberg, Joy Riding In Colorado Is A Felony Aggravated Motor Vehicle Theft in the Second Degree 18-4-409, Juvenile Crimes Sentencing In Colorado Aggravated Violent Repeat Mandatory Sentencing Laws and Sealing a Colorado Juvenile Record, Colorado Juvenile Criminal Cases The Importance of the Probation Departments Intake, Colorado Juvenile Criminal Delinquency Defense Law and Issues How Is It Different, A Birds Eye View of The Colorado Juvenile Justice System, Colorados Minor In Possession Laws -18-13-122, Juveniles Charged as Adults Direct File Transfer Hearings Colorado Juvenile Criminal Defense Laws, Colorado State Sex Crimes Criminal Defense Issues, Indeterminate Sentence for Sex Offenders (18-1.3-1004), Indeterminate Sentence for Sex Offenders (18-1.3-1004) 2012 Revision, Sexual Assault On A Child By One In A Position Of Trust (18-3-405.3 (2)(b)) Pattern of Abuse (18-3-405.3 (2)(d)), The Defense Of Colorado Sex Crimes Cases Overview, Date Rape Part I of II Colorado Sexual Assault Cases, Date Rape Part II of II Drug Induced Or Alcohol Induced Colorado Sexual Assault Cases, Attacking The Investigation of Date Acquaintance Sexual Assault The Investigation Part I of II, Attacking The Investigation of Date Acquaintance Sexual Assault The Pretext Phone Call Part II of II, Colorado Sex Offender Evaluations The Parental Risk Assessment Child Contact Assessment. Getting arrested for DUI does not mean you will be convicted. 08M5089 & 09M1123 Honorable Dianna L. Roybal, Judge . Colorado Criminal Restitution Law A Continuing Right To Increase The Amount? Colorado domestic violence cases typically are filed as misdemeanors. Get free summaries of new opinions delivered to your inbox! We do not handle any of the following cases: And we do not handle any cases outside of California. 4. Forensic Searches Of Computers In Colorado How Long Can The Search Take? 18-6-800.3), requires additional classes and treatment if the court sentences a person to probation. Domestic violence made up 20% of all violent crime in 2018. The plain language of the law allows the prosecution, upon a defendants conviction of a misdemeanor involving domestic violence, to petition the court to determine whether the defendant meets the criteria of a habitual domestic violence offender. CRS Section 18-6-801(7) permits the enhancement of certain sentences involving domestic violence under the following limited circumstances: In the event a person is convicted of any offense which would otherwise be a misdemeanor, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence as defined in section 18-6-800.3(1). If such treatment evaluation recommends treatment, and if the court so finds, the person shall be ordered to complete a treatment program that conforms with the standards adopted by the domestic violence offender management board as required by section 16-11.8-103 (4), C.R.S. Examples of three strikes crimes include: A duly authenticated copy of the record of former convictions and judgments of any court of record for any of said crimes against the party indicted or informed against is used as prima facie evidence of such convictions and may be used in evidence against such party. I. Aguilar, Sen. K. Donovan, Sen. L. Garcia, Sen. L. Guzman, Sen. R. Heath, Sen. M. Johnston, Sen. J. Kefalas, Sen. B. Martinez Humenik, Sen. M. Merrifield, Sen. E. Roberts, Sen. J. Tate, Sen. N. Todd, Sen. L. Woods. In Colorado, individuals who are convicted of multiple crimes within a certain period of time are considered repeat, or habitual, offenders. However, in some cases where the assault was committed in a sudden heat of passion, it may be charged as a class 5 felony.
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