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Our firm handles bankruptcy, misdemeanors, felonies and juvenile crimes for individuals all over Colorado.

Driving Under the Influence (DUI) or Driving While Ability Impaired (DWAI) charges are typically considered misdemeanor offenses under Colorado law. Even though it will likely be classified as a misdemeanor, a conviction for DUI or DWAI could have long-lasting consequences that can be devastating for your life and livelihood.

There are three types of impaired driving under Colorado impaired driving laws, which include:

• DUI (CRS 42-4-1301 (f)) – If you are arrested under suspicion of driving under the influence of alcohol, drugs, or a combination of the two, the state could charge you with driving under the influence (DUI). In Colorado, you are “under the influence” of alcohol if you have a blood alcohol concentration (BAC) of 0.08% or higher.
• DWAI (CRS 42-4-1301 (g))- If you are slightly impaired by drugs or alcohol and operate a vehicle, the state might charge you with driving while ability impaired (DWAI). The state will assume your ability is impaired if your BAC is between 0.05% and 0.08%.
• DUI per se – Colorado also recognizes DUI per se, which does not require proof of impairment. To arrest someone for per se DUI, the officer only needs to show that your BAC is above the legal limit. For example, if you blow a 0.08% on the breathalyzer test, you could be charged with DUI per se, even if you pass field sobriety tests.

It’s important to remember that you could be charged with DUIs if you were under the influence of a substance other than alcohol. For example, if you took prescription medicine and an officer suspects your driving is impaired, you could be charged with a DUI.

It’s also important to note that although marijuana is legal in Colorado, it is illegal to drive with an open container of marijuana in your car (just like alcohol). If a container has a broken seal or your cannabis product has been partially used, keep it in the trunk. If your vehicle does not have a trunk, keep it behind the last row of seats and make sure it is out of reach. Colorado’s open container law prohibits passengers from smoking or consuming marijuana while in a vehicle, which includes taxis, rideshare vehicles, and public transportation.

If you are a student attending Colorado University in Boulder, you should know the consequences of a DUI conviction and your right to hire an attorney to represent you if law enforcement arrests you on suspicion of DUI.

A DUI conviction can have severe and long-lasting consequences on your education, including the loss of financial aid and scholarships. The school could also remove you from on-campus housing and place you on academic probation, suspend you, or expel you.

A DUI conviction on your record could also significantly limit your career opportunities in the future and make traveling abroad (even to Canada or Mexico) nearly impossible.

Don’t let one mistake cause a lifetime of negative consequences. Contact an experienced Boulder defense attorney for help right away if you’ve been arrested.

Drug charges in Colorado range from simple possession to drug trafficking. Depending on the nature of the crime and the specifics of your situation, a conviction could have severe penalties, including fines and prison time. Our Boulder criminal defense attorneys understand the complexities of drug laws in Colorado and will work diligently to defend your rights and protect your future.

Federal and state laws have established schedules for controlled substances based on their potential for abuse. The illegal drug schedules in Colorado are:

• Schedule I – Includes heroin, LSD, PCP, psilocybin (magic mushrooms), and peyote. These drugs have a high potential for abuse and no accepted medical use.
• Schedule II – Includes opium, oxycodone, fentanyl, cocaine, hydrocodone, methamphetamines, and others. These drugs have a high potential for abuse but also some accepted medical uses.
• Schedule III – Includes barbiturates, anabolic steroids, ketamine, and others. These drugs have less potential for abuse than schedule I or II drugs, but they could still lead to significant dependence.
• Schedule IV – Includes anti-anxiety medications such as diazepam and sleep medications such as zolpidem. These drugs have accepted medical uses and a lower potential for abuse than other drugs.
• Schedule V – Includes over-the-counter cold medicines and cough syrups containing minimal amounts of codeine. These drugs have accepted medical uses and a low likelihood of abuse.

The penalties for possessing illegal drugs vary depending on the schedule of the controlled substance in question. If you are arrested for possession of 4 grams or less of a schedule I or II controlled substance, the state could charge you with a level 1 drug misdemeanor. If you have committed the same offense four or more times, you could be charged with a level 4 drug felony.

The penalties for a level 1 drug misdemeanor include a fine of up to $1,000, incarceration for up to 180 days in jail, or two years of probation for the first two offenses. The penalties for the third and any subsequent offenses could include up to 364 days in jail.

Selling drugs is a much more serious offense than possession, and the penalties are usually harsher. For example, providing marijuana to someone under 21 is considered a felony offense, with penalties of up to 35 years in jail and fines of up to one million dollars.

White-collar crimes are non-violent offenses typically committed for financial gain, including:

• Fraud (Found in CRS Title 18 – Criminal Code Article 5)- If you are accused of intentionally deceiving someone to gain something of value, you could be charged with fraud. This could include mail fraud, wire fraud, insurance fraud, tax fraud, or securities fraud.
• Embezzlement (CRS §18-4-401) – You could be charged with embezzlement if you were entrusted with someone else’s money or property, such as an employee or trustee, and are accused of taking it for your own use.
• Money laundering – You could be charged with money laundering if someone accuses you of concealing the proceeds of illegal activities by making them appear to come from a legitimate source.
• Insider trading – Insider trading involves buying or selling stocks based on material non-public information, giving you, the trader, an unfair advantage.
• Bribery – If you’re accused of offering or accepting something of value in exchange for influence or favors, you could be charged with bribery.
• Cybercrime – Using technology to commit criminal acts like hacking, identity theft, or online fraud could lead to cybercrime charges.

If you have been charged with a white-collar crime, you need an experienced criminal defense lawyer who understands the complex financial and legal issues.

Some of the most commonly-charged sex crimes in Colorado include (but are not limited to):

• Prostitution – Prostitution is a criminal offense in Colorado, and the charges and sentences vary depending on the nature of the crime for those accused of engaging in it. For instance, solicitation (CRS 18-7-202) and patronizing a prostitute (CRS §18-7-205) are petty offenses, while pimping (CRS §18-7-206) could be charged as a Class 3 felony and more serious types of pandering (CRS §18-7-203) could be charged as class 5 felonies, for example if you are accused of menacing or intimidating someone to commit prostitution.
• Sexual assault – This term describes a broad range of crimes involving unwanted sexual contact, such as sexual assault (CRS 18-3-402). The specific charges and sentences depend on the details of the incident, such as the use of violence or date-rape drugs. The district attorney may bring statutory rape charges against individuals who engage in sexual activity with someone under 15, even if the act was not forced.
• Indecent exposure – Deliberately exposing one’s genitals in a manner likely to shock or alarm others with the intent to arouse or satisfy the sexual desires of another person, including yourself, is a crime in Colorado (CRS 18-7-302). Those convicted of indecent exposure must register as sex offenders. Public indecency (CRS § 18-7-301) includes engaging in sexual activity in public and is a similar violation but does not automatically require registration as a sex offender upon conviction.
• Internet luring – Internet luring (CRS 18-3-306) involves knowingly communicating explicit sexual content through a computer or data network to someone under 15. It is considered a crime even if the recipient is an undercover police officer posing as a minor.
• Child pornography – Producing, distributing, or possessing sexually exploitative material of anyone under 18 is a criminal offense (CRS 18-6-403) in Colorado. The severity of the sentence will depend on aggravating factors, such as prior criminal charges.

If you face sex crime charges, you need a skilled and experienced criminal defense attorney who will provide compassionate and aggressive representation.

Assault charges in Colorado range from misdemeanor offenses to serious felonies and can carry harsh penalties, including fines, probation, and prison time.

There are three degrees of assault under Colorado law, with corresponding penalties.

• First-degree assault (CRS 18-3-202) – Can be charged when a deadly weapon is used to inflict serious bodily injury on another. It can also be charged if you seriously harm someone while engaged in behavior that shows extreme indifference to the value of human life. Prosecutors will also bring charges if you intend to harm an on-duty official. It is a Class 3 felony punishable by 10 to 35 years in Colorado State Prison and/or $3,000 to $750,000 in fines.
• Second-degree assault (CRS 18-3-203) – These charges can be brought for causing serious bodily injury, causing bodily injury with a weapon, intentionally causing bodily injury, or intentionally drugging another person without consent. It is a Class 4 felony punishable by 2 to 6 years in prison (or 5 to 16 years if the crime involved a deadly weapon or serious injury) and/or $2,000 to $500,000 in fines.
• Third-degree assault (CRS §18-3-204)- Can be charged if you knowingly or recklessly cause bodily injury, negligently cause bodily injury by a deadly weapon, or cause an official to come into contact with bodily fluids or toxic substances with intent to harass or threaten them. It is an “extraordinary risk” class 1 misdemeanor punishable by up to 18 months of jail time and/or up to $1,000 in fines.

A crime may be charged as an act of domestic violence. Colorado defines domestic violence as “an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship.” C.R.S. 18-6-8003. Domestic violence could also include non-violent crimes against a person, an animal, or property when the crime is used to coerce, control, punish, intimidate, or retaliate against a current or former intimate partner.

Domestic violence charges are serious offenses that can have far-reaching consequences for you and your family. Some examples of crimes commonly charged as acts of domestic violence in Boulder include:

• Assault (CRS 18-3-202 – 204)
• Sexual assault (CRS 18-3-402)
• Sexual contact (CRS 18-3-404)
• Harassment (CRS 18-9-111)
• Menacing (CRS 18-3-206)
• False imprisonment (CRS 18-3-303)
• Elder abuse (CRS 18-6.5-103)
• Child abuse (CRS 18-6-401)
• Violating a restraining order (CRS 18-6-803.5)
• Stalking a.k.a. “Vonnie’s Law” (CRS 18-3-602)

A domestic violence conviction could impact your ability to see your children, your employment, and your reputation, among other things. If you have been charged with domestic violence, you need a Boulder domestic violence defense attorney who understands the sensitive nature of these charges and how to handle them.

Felonies are the most serious types of criminal violations under the Colorado Revised Statutes, which include crimes such as:

• Robbery
• Murder
• Rape
• Possession of illegal drugs with the intent to sell

The severity of a felony is classified into six levels, with Class 1 being the most severe and Class 6 being the least severe. Convictions for Class 1 felonies carry the possibility of life imprisonment or the death penalty, while Class 6 felonies are punishable by up to 18 months in prison, along with fines.

Drug felonies are divided into four classes, with Class 1 being the most severe and Class 4 the least severe. Penalties for drug felonies can include imprisonment for up to 35 years, depending on the class of the offense.

Misdemeanors are criminal violations of Colorado state laws considered less serious than felonies, carrying a sentence of up to 18 months in county jail. Individuals convicted of a misdemeanor offense cannot be sentenced to state prison unless the sentence is served at the same time as a felony sentence.

Misdemeanor offenses in Colorado are divided into three classes, with Class 1 being the most severe and Class 3 being the least severe.

Misdemeanor charges encompass a broad range of offenses, such as:

• Serious traffic violations
• DUI/DWAI
• Careless driving leading to injury or death
• Obstruction of a police officer
• Theft under $2,000
• Resisting arrest
• Criminal mischief causing less than $2,000 in damages
• Public fighting

Drug misdemeanors are further categorized into two classes under the Uniform Controlled Substances Act of 2013 as DM1 and DM2, and carry a maximum sentence of 18 months.

While misdemeanors might not have the same severe penalties as felonies, a conviction could still significantly impact your job, reputation, and finances.

Theft charges (CRS § 18-4-401) can include a wide range of offenses, from shoplifting to grand theft. Theft is a petty offense if the value of the item or items is less than $300. You could face misdemeanor theft charges if the goods presumed to be stolen are worth between $300 and $1,999. Theft could be a felony in Colorado if the goods are worth more than $2000, and the penalties increase as the value increases. This includes:

• Class 6 Felony – Theft of goods valued at $2000 or more but less than $5000
• Class 5 Felony – Theft of goods valued at $5000 or more but less than $20,000
• Class 4 Felony – Theft of goods valued at $20,000 or more but less than $100,000
• Class 3 Felony – Theft of goods valued at $100,000 or more but less than $1 million
• Class 2 Felony – Theft of goods valued at more than $1 million

Convictions for theft can carry severe penalties, including fines and imprisonment. If you are facing theft charges, you need an experienced criminal defense attorney who will fight to protect your rights and your future. Our attorneys have the knowledge and expertise to provide effective theft charges defense representation.

Some of the most common weapons charges in Colorado include:

• Possession of a dangerous or illegal weapon (CRS §18-12-102)
• Possession of a weapon by a previous offender (CRS § 18-12-108)
• Prohibited use of a weapon (CRS § 18-12-106)
• Assault with a deadly weapon (CRS § 18-3-202)
• Concealed carry violations (CRS § 18-12-105)

Depending on the nature of the crime and other circumstances, a conviction for a weapons charge could carry severe penalties, including heavy fines and incarceration.

Suppose you have been charged with a weapons-related crime in Boulder. If this happens, you need an experienced criminal defense attorney who understands Colorado’s criminal justice system to provide qualified legal advice and help you with your defense.

Criminal harassment (CRS §18-9-111), or “Kiana Arellano’s Law,” can be charged when a person repeatedly contacts, taunts, follows, or makes, or makes obscene gestures toward someone with the intent to alarm, annoy, or bother them. This offense can result in a petty offense or a misdemeanor charge.

Harassing someone based on a disability, religion, or race is a more severe crime and can result in up to 364 days in jail and/or a $1,000 fine.

Examples of criminal harassment include spitting on someone, repeatedly calling and hanging up, following someone for an extended period, sending threatening text messages, or continually provoking someone to fight by insulting them.

Stalking (CRS §18-3-602), otherwise known as “Vonnie’s Law,” is a serious felony offense in Colorado that involves predatory behavior beyond mere harassment. Stalking requires two components in Colorado:

• A credible threat and
• Repeated behavior towards or communication with a person, a member of the person’s family, or a someone else in a relationship with the person.

Stalking may also occur without a credible threat if the behavior and/or communication mentioned above reasonably causes severe emotional distress.

However, some actions do not qualify as stalking in Colorado, including:

• Credible threats without any additional stalking behavior
• A non-credible threat
• A threat not directed towards the individual, their partner, or family members
• Behavior that would not cause a reasonable person to feel distressed or scared, or if the alleged victim did not feel distressed or fearful.

The consequences of a Colorado stalking conviction can be severe, as it is both a felony and an “extraordinary risk” crime. First-time stalking offenders may face a sentence of 1-4 years in Colorado State Prison (with mandatory 2-year parole) and/or a fine of $1,000-$100,000.

If the you are convicted of stalking someone who is the protected party in a Colorado protective order, you could also be charged with violating a protection order, a separate misdemeanor offense that can come with harsher penalties

One of the first issues we discuss when you come in for your free initial consultation is the penalties you may face. We want you to be aware of all possible outcomes so you can make educated decisions regarding your future. The criminal justice system can severely penalize those it catches, rightly or wrongly. You need a skilled defense lawyer on your side.
Each of our clients’ circumstances is unique. We take that into account as we craft a strategy that fits your needs and shows you in the best light to the prosecutor and the judge. We understand that your legal problem is a significant factor in your life. We respect that and will pursue the best possible outcome in your case.

Call us at 303-447-1400 or contact us online to set up a time to come in and talk with our defense lawyers about your situation.