Facing felony charges is serious on its own, but in Weld County, the stakes increase dramatically if prosecutors pursue a habitual criminal designation. Habitual criminal allegations can turn an otherwise manageable felony case into one carrying mandatory decades-long prison sentences.
Many people are unaware of how easily a habitual designation can apply or how aggressively these cases are prosecuted in Weld County. Understanding what habitual criminal status means under Colorado law is critical to protecting your freedom.
What Is a Habitual Criminal Designation in Colorado?
Under Colorado law C.R.S. 18-1.3-801, a person may be charged as a habitual criminal if they have certain prior felony convictions and are accused of committing a new felony offense.
A habitual criminal designation is not a separate crime. Instead, it is a sentencing enhancement that dramatically increases the mandatory prison sentence upon conviction.
Depending on the number and type of prior felony convictions, a habitual designation can result in:
- Mandatory sentences multiple times longer than the underlying felony
- Elimination of judicial discretion at sentencing
- Prison sentences that may amount to decades
How Habitual Criminal Charges Are Filed in Weld County
In Weld County, habitual criminal allegations are typically filed by the District Attorney’s Office after reviewing a defendant’s criminal history. Prosecutors may add habitual counts:
- At the time charges are filed
- After further investigation into prior convictions
- As leverage during plea negotiations
Once filed, habitual counts significantly change the dynamics of a case.
Prior Convictions That May Trigger Habitual Status
Not every prior conviction qualifies. Prosecutors must prove that prior offenses meet specific legal requirements, including:
- The convictions were felony offenses
- The convictions occurred separately
- The defendant is the same person named in the prior cases
- The convictions meet statutory timing and sequencing rules
Errors in prior records, identity issues, or improperly counted convictions can make habitual allegations legally challengeable.
Penalties for Habitual Criminal Designation
If a defendant is convicted of a felony and the habitual counts are proven, Colorado law mandates severe prison sentences, often far exceeding the standard sentencing range for the offense.
For example, a felony that might otherwise carry a few years in prison could result in decades in the Colorado Department of Corrections if habitual criminal status applies.
Judges in Weld County have little to no discretion to reduce these sentences once habitual status is established.
Why Habitual Criminal Cases Are So Serious in Weld County
Weld County prosecutors are known for pursuing habitual criminal designations aggressively, particularly in cases involving:
- Repeat felony conduct
- Crimes involving alleged violence
- Drug-related felony cases
- Property crimes with prior convictions
Because of the mandatory sentencing structure, habitual cases often leave defendants with very limited options if not challenged early and effectively.
If you or someone you love is facing a habitual criminal designation, 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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