Our Greeley criminal defense attorneys frequently encounter special classes of crimes like Crime of Violence. A unique class of crimes like those labeled Crime of Violence, results in special handling by the criminal court system. If you’ve been arrested for a Crime of Violence, increased prison time with a longer parole eligibility date, are the biggest issues. If at all possible, your defense lawyer should try to get your charges finalized without a Crime of Violence label.
What are Common Crime of Violence Charges in Weld County Court?
Some crimes are normally designated as a Crime of Violence in the Weld County Court. If a crime includes:
- the use or possession and threatened use of a deadly weapon; or,
- is a case where the accused caused serious bodily injury or death to any person except a codefendant,
These charges will also become Crimes of Violence:
- Murder
- First Degree Assault
- Second Degree Assault
- Aggravated Robbery
- Kidnapping
- First Degree Arson
- First Degree Burglary
- Escape
- Criminal Extortion
- First or Second Degree Unlawful Termination of Pregnancy
- Crimes against At-Risk Adult or At-Risk Juvenile
- If a crime is not under 1 or 2 above, it can still be a Crime of Violence if it is a felony sexual offense with bodily injury to the victim or where the defendant used threat, intimidation or force against the victim.
The possession, use, and threat of a firearm will result in an additional 5 years added to your prison sentence, which must be served consecutively (after) to your main prison sentence.
What is Serious Bodily Injury and Why is this Definition Important in Weld County Courts?
If you are accused of a Crime of Violence in the Weld County Court for one of the crimes listed above, whether you caused Serious Bodily Injury, or SBI, is really important. That issue completes the proof needed by the district attorney to send you to prison for a much longer period. Here is that important definition:
Serious Bodily Injury is Bodily Injury which, either at the time of the actual injury or at a later time, involves substantial risk of death, a substantial risk of serous permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree. Police officers will often ask doctors to sign a form indicating that Serious Bodily Injury Occurred. However, sometimes these doctors use an improper or incomplete definition. You can have your own expert doctor provide an opinion on whether or not SBI is present in their opinion, or point out the problems with the government expert’s definition.
A related definition concerns Bodily Injury: “physical pain, illness, or any impairment of another’s physical or mental condition.” This definition is very easy to meet, and police officers are sure to ask an alleged victim if the defendant’s conduct “hurt” or was “painful”, and include that positive answer in their report.
How is a Greeley Crime of Violence Sentence Increased vs. a Normal Colorado Prison Sentence, C.R.S. 18-1.3-406?
A Greeley Crime of Violence will require a minimum mandatory prison sentence equal to the midpoint in the presumptive range, and up to twice the maximum presumptive sentence, C.R.S. 18-1.3-406. For example, a normal First Degree Burglary of a house is a class 3 felony and will be sentenced from 4 to 12 years. If this crime of 1st Degree Burglary is classified as a Crime of Violence, the person MUST be sentenced to a minimum 8 years in prison and up to a maximum of 24 years. That is a substantial change based on the Crime of Violence classification.
What is Parole Eligibility and How is it Impacted by a Crime of Violence Designation?
Parole eligibility refers to the time when you might be granted parole release from your Department of Corrections Prison sentence. The decision to release you at or after your Parole Eligibility Date, or PED, is made by the Colorado State Parole Board, usually following a Parole Hearing. With a Crime of Violence, COV, the prison inmate must serve at least 75% of their sentence before they can be considered by the Parole Board, for Parole. Other crimes which have not been classified as a crime of violence, have an earlier Parole Eligibility Date of 50%. This makes the COV designation really important, and something to be avoided even more than a larger sentence, up to a point.
A Crime of Violence label added to your charges is very significant and can result in a much longer stay in the Department of Corrections. Your Greeley Criminal defense attorney must understand the law on Crime of Violence and make sure you are properly charged. Never hire a lawyer who practices criminal law part time. Only a full-time criminal defense lawyer, like those at the O’Malley Law Office, will understand the importance of crime definitions. Call our defense attorneys at 970-616-6009. Together, we can protect your future.
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