Montrose Felony Defense Lawyer
Facing felony charges is a serious matter that can have life-changing consequences. If you are charged with a felony, hiring a qualified Montrose felony defense attorney as soon as possible can make a significant difference in your future. Felony convictions in Montrose can result in long prison sentences, substantial fines, loss of civil rights, and lasting effects on employment, housing, and personal reputation. We provide aggressive and strategic legal defense to help you protect your rights and future.
Understanding Felonies in Colorado
A felony in Colorado is any crime that carries a potential prison sentence of one year or more. Felonies are prosecuted in district courts and are more serious than misdemeanors. Colorado classifies felonies into six categories, with Class 1 being the most serious. Certain crimes, called extraordinary risk felonies, carry enhanced penalties.
Common felony charges include:
- Violent crimes such as assault, battery, domestic violence, and homicide
- Drug offenses including possession, distribution, and trafficking
- Theft and burglary
- Sexual offenses such as sexual assault, abuse, or exploitation
- White-collar crimes including fraud, embezzlement, and identity theft
- Weapons-related charges
- Domestic violence felonies
Felony Classes and Penalties
Colorado felonies are divided into six classes, each with specific penalties:
Class 1 Felony
- Examples: First-degree murder, treason
- Penalties: Life in prison or death penalty (for crimes committed before 2020)
- No probation or parole
Class 2 Felony
- Examples: Second-degree murder, kidnapping, major drug trafficking
- Penalties: 8–24 years in prison, fines up to $1,000,000
Class 3 Felony
- Examples: First-degree assault, burglary, sexual assault
- Penalties: 4–12 years in prison, fines up to $750,000
Class 4 Felony
- Examples: Manslaughter, identity theft, aggravated motor vehicle theft
- Penalties: 2–6 years in prison, fines up to $500,000
Class 5 Felony
- Examples: Menacing with a deadly weapon, forgery, certain theft crimes
- Penalties: 1–3 years in prison, fines up to $100,000
Class 6 Felony
- Examples: Criminal impersonation, failure to register as a sex offender, some drug offenses
- Penalties: 1–1.5 years in prison, fines up to $100,000
Extraordinary risk felonies, such as aggravated robbery, stalking, and child abuse, may result in additional years added to the standard sentencing ranges.
Common Defenses Against Felony Charges
Facing felony charges can feel overwhelming, but a skilled attorney can employ several defense strategies, including:
- Lack of evidence: If the prosecution cannot prove guilt beyond a reasonable doubt, charges may be reduced or dismissed
- Unlawful search and seizure: Violations of Fourth Amendment rights may result in evidence being excluded
- Mistaken identity: Demonstrating that the accused was not the perpetrator
- Self-defense or defense of others: Justifying actions in violent situations
- Plea bargaining: Negotiating reduced charges or alternative sentencing
Each case is unique, and a thorough review of the evidence helps determine the best strategy to minimize consequences.
Protection and Restraining Orders
Colorado also issues civil and criminal protection orders, which can affect individuals involved in domestic violence, stalking, harassment, or threats. Protection orders restrict contact between individuals and can include prohibitions on approaching homes, workplaces, or public spaces.
Temporary protection orders (TPOs) are often granted quickly and can be issued without the restrained party being present. A court will schedule a hearing within 14 days to determine whether the order should become permanent. Permanent protection orders (PPOs) have no expiration and can have significant consequences if violated.
Mandatory protection orders are criminal in nature and issued against defendants charged with crimes such as domestic violence. Violating any protection order can lead to additional criminal charges.
Collateral Consequences of Felony Convictions
The impact of a felony conviction extends beyond prison or fines. Consequences may include:
- Loss of civil rights such as voting or firearm ownership
- Difficulty finding employment or professional licensing restrictions
- Challenges in securing housing
- Immigration issues for non-citizens
- Long-term social stigma
Understanding these effects underscores the importance of experienced legal representation to protect your future.
The Court Process
Felony cases in Montrose generally follow this process:
- Arrest and advisement, including booking and bail
- Preliminary hearing to determine if sufficient evidence exists to proceed
- Arraignment and pretrial motions, including potential suppression of evidence or dismissal of charges
- Trial, if the case is not resolved through a plea agreement
- Sentencing, including potential alternatives to prison
Experienced attorneys work at each stage to challenge the prosecution’s evidence and pursue the best possible outcome.
Alternatives to Prison
Not every felony conviction results in prison. Alternatives may include:
- Probation with strict conditions
- Community corrections programs
- Drug treatment courts for substance-related offenses
- Diversion programs for first-time or lower-level felonies
These alternatives can help reduce the long-term consequences of a felony charge.
Take Action Now to Protect Your Rights
Facing felony charges in Montrose is a serious challenge. The sooner legal representation is involved, the stronger the defense can be. We are ready to review your case, explain your options, and start building a strategy to protect your future. Call The Martin Law Firm today at (970) 730-4354 to schedule your free consultation with Brent Martin.
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We know that legal matters can be stressful, and that’s why we focus on giving personal attention to every client. From your first consultation to the resolution of your case, we work closely with you to make sure you understand the process and feel supported every step of the way.
Mr. Martin is available to meet with clients both virtually and in person after weekday hours and on weekends. The Martin Law Firm utilizes LawPay for payment plans with approved credit card and debit card. In all criminal cases there is a retainer on a Flat Fee basis.
Initial consultations are no charge, and payment plans are available for those who need them. Call us today to discuss your case and start protecting your rights: (970) 730-4354
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