Like other states trying to tackle crime, Colorado adopted a habitual offender (also known as “three strikes”) law which enhances penalties for anyone who has committed three serious felonies. In fact, a defendant will typically receive a life sentence for their third conviction.
At Bruno Lilly LeClere, PLLC, we fight for your rights and freedom. Anyone facing a serious felony or other criminal charge should immediately contact our firm. Regardless of your criminal history, you should fight the charges to avoid a third and final “strike.” Thanks to our broad experience in criminal law, we can attack the charges from several different angles, so we encourage anyone facing a serious felony charge to not give up hope.
Call us today. A Colorado criminal defense lawyer from our firm can discuss your charges and create the best defense together. We offer free initial consultations and want to ensure you know what your legal options are.
Who is Considered a “Habitual Offender” in Colorado?
The “habitual offender” law is found in Colorado Revised Statutes § 18-1.3-801. It identifies two ways to be designated a habitual offender.
First, you are considered to be a habitual offender when you have three convictions for felonies from this list:
- Class 1 felony
- Class 2 felony
- Class 3 violent felony, and/or
- Level 2 drug felony
Upon your third conviction, you will be deemed a habitual offender and receive a life sentence. You will also be ineligible for parole until you have served 40 years.
Second, you can also be deemed a habitual offender if, within 10 years, you are convicted of a third felony and have prior convictions for a Class 1-5 felony and/or Level 1-3 drug felony. Under the statute, you can face a punishment for the third felony which is three times the maximum sentence.
Habitual Offender Crimes & Penalties
Here are examples of some serious felonies which can result in habitual offender status:
- Class 1 Felonies: First-degree murder, treason, first-degree kidnapping, and other crimes.
- Class 2 Felonies: Second-degree murder, sexual assault committed with a deadly weapon, theft of $1,000,000 or more in property, and other crimes.,
- Class 3 Felonies of Violence: Vehicular homicide, aggravated robbery, first-degree assault, and other crimes.
- Level 1 Drug Felonies: Sale of more than 225 grams of LSD, heroin, methamphetamine, cocaine, OxyContin, Fentanyl, and other Schedule I or II drugs; sale or distribution of Schedule I or II drugs to a minor, and other drug crimes.
Call Our Colorado criminal defense attorneys to review your charges and criminal history. Out-of-state and federal convictions count as prior convictions for purposes of the habitual offender statute.
And remember: you can face habitual offender status if you have 3 felony convictions in 10 years, including Class 4 or 5 felonies, such as vehicular assault.
Modifying a Habitual Offender Sentence
For offenses which are committed after July 1, 2023, a defendant can request modification of their sentence. A requirement is that you were sentenced to at least 24 years in prison. You can request a modification after serving 10 years.
To be successful, you will need to present evidence of significant mitigating factors related to the offense or your background. You also must have shown positive, productive behavior while in prison. The modification should result in a lower sentence.
Fighting Habitual Offender Status
It’s better to prevent sentencing as a habitual offender in the first place than rely on modification after 10 years behind bars. At Bruno Lilly LeClere, PLLC, we can defend you from any felony charges, including drug and violent offenses.
Our strategy for those staring down the barrel of habitual offender status is not much different from how we defend most clients. We first want to know as much as we can about the crime—who witnessed it, where it happened, and so on. And we want to hear your story.
If you have two or more serious felonies, we will do everything we can to keep you from picking up a third. Our most effective defense strategies include:
- Challenging the constitutional basis of the arrest or search. The police usually need probable cause to arrest or search you. When they lack this probable cause, a judge should suppress evidence. We might get charges dismissed outright, which means you won’t have a third felony.
- Undermining the credibility of witnesses. Eyewitnesses are often confused or distracted, especially if the crime occurred at night. When a suspect uses a gun or knife, many witnesses remain focused on the gun, so they don’t get a good look at the suspect. Witness testimony is often less credible than how it’s presented by the state.
- Poking holes in physical evidence. We can challenge the chain of custody for physical evidence, like fingerprints or DNA, highlighting the possibility of contamination.
- Arguing reasonable doubt. You can’t be convicted of any crime unless the state has proof beyond a reasonable doubt that you did it. Mistaken identity, confusing timelines, and alibi witnesses can all cast doubt on your guilt.
- Raising self-defense. If you were accused of a violent felony, you might have justification for using force, e.g., you were defending yourself reasonably.
As part of our strategy, we can try to get charges lowered to a misdemeanor. That would allow you to avoid a habitual offender designation—and avoid the life sentence that comes along with it.
Rely on Our Experience
Havilah Louise Bruno Lilly, our founder, has deep experience in criminal law, including a stint as a District Attorney, where she learned to see cases through the eyes of a prosecutor. Attorney Andrew LeClere’s experience in Denver, Weld, and Larimer County makes him uniquely qualified to help those currently facing criminal matters in Colorado. Our firm confidently:
- Reviews all charges, including your criminal history, to see if you face designation as a habitual offender;
- Provides an overview of the criminal process, in case you have never been charged in Colorado before;
- Attends all hearings with you, including bail hearings;
- Argues for bail so you can be with your family and continue working;
- Investigates your case to find exculpatory evidence;
- Critically examines the state’s evidence, including any physical evidence, to find weaknesses;
- Crafts the right defense strategy based on the facts of your case.
Speak with a Colorado Criminal Defense Lawyer Today
We offer a confidential consultation to anyone facing serious charges. Get the legal defense you need by calling our firm today.