In Greeley and Weld County, there are presumptive ranges for which a judge must sentence a defendant within depending on the charge level of the crime. The legislators have set forth the ranges for petty offense, traffic, misdemeanor and felony crimes. Sentencing someone outside these ranges would generally be an illegal sentence. That is, unless the case is subject to some sort of special sentencing circumstance. One such circumstance is an Extraordinary Mitigating Circumstance. If the Weld County Court finds that special mitigating factors apply, then the judge can sentence a defendant to a lesser amount than the presumptive range requires.
Defense Lawyer for Weld County Case: How Can I Be Sentenced Outside the Presumptive Range in Erie and Evans?
In Erie and Evans, Colorado, C.R.S. 18-1.3-401(6), discusses sentencing outside of the presumptive range for felony crime:
If the judge finds mitigating factors apply, then the sentence can be lowered to one half the minimum term.
What Are Extraordinary Mitigating Factors in a Firestone Felony Criminal Matter?
Under Colorado law, there is no list of what may be considered Extraordinary Mitigating Circumstances. However, there are some factors that MAY be considered mitigating to the Court or DA. Things like:
- Age of the defendant,
- Mental or emotional state at the time the crime was committed,
- Developmental disability, and/or
- Criminal Record
Sometimes the facts of the case can present as mitigating factors as well. If the defendant held a passive role in the crime or was immediately cooperative with law enforcement and owned up to the act. These things can be seen as positive and mitigating for the defense.
Presumptive Vs. Extraordinary Mitigating Circumstance Sentencing Ranges: A Weld County Defense Lawyer Explains
Here’s a chart that compares the presumptive range and mitigated range:
| Felony Level | Presumptive Range | Mitigated Range |
| Class 6 Felony | 1 – 1.5 years | 6 months – 1.5 years |
| Class 5 Felony | 1 – 3 years | 6 months – 3 years |
| Class 4 Felony | 2 – 6 years | 1 year – 6 years |
| Class 3 Felony | 4 – 12 years | 2 years – 12 years |
| Class 2 Felony | 8 – 24 years | 4 years – 24 years |
| Class 1 Felony | Life | Life |
If you or someone you love has been charged with a crime, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
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