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Class 1 Felonies in Colorado – Law & Penalties

Class 1 felonies are the most serious category of Colorado crimes, punishable by life in prison with no parole. Examples of class 1 felonies include first-degree murder, first-degree kidnapping, assault while escaping incarceration, and treason. As of July 1, 2020, people charged with class 1 felonies cannot be sentenced to the death penalty.
In this article, our Colorado criminal defense attorneys discuss:
Man in handcuffs while serving a class 1 felony life sentence.
Class 1 felonies carry a presumptive penalty of life in Colorado State Prison with no parole.

1. What are class 1 felonies?

Class 1 felony offenses are the most serious category of criminal offenses under the Colorado criminal justice system. There are six classes of felonies (not counting unclassified felonies): Class 6 felony charges are the least serious felonies.1

2. Which crimes are class 1 felonies?

The following six serious crimes are class 1 felonies in Colorado:
Colorado felony offense Definition
1. Murder in the first degree (CRS 18-3-102)
  1. Killing after deliberation and with intent to cause death of another person; or
  2. Causing the death of another by knowingly engaging in conduct which creates a grave risk of death to another person under circumstances evidencing an attitude of universal malice manifesting extreme indifference to the value of human life generally; or
  3. Knowingly causing the death of a child under 12 years old, and the defendant is in a position of trust to the child; or
  4. Committing unlawful distribution, dispensation, or sale of a controlled substance to a minor (under 18 years old) on school grounds, and the minor dies from using it; or
  5. Procuring the conviction and execution of an innocent person by perjury (or subornation of perjury).
2. Murder in the first degree of a peace officer or fireman (CRS 18-3-107(1))
  1. Committing first-degree murder; and
  2. The victim is a peace officer or fireman engaged in the performance of official duties
3. Child abuse causing death of a child under 12 (CRS 18-6-401(7)(c))
  1. Knowingly causing the death of a child under 12 years old; and
  2. The defendant is in a position of trust to the child
4. Kidnapping in the first degree (CRS 18-3-301(1))
  1. Forcibly seizing and carrying away a person; or enticing or persuading a person to go from one place to another; or imprisoning or forcibly secreting a person; and
  2. The kidnapper has intent to hold the person for ransom; and
  3. The kidnapping victim suffers bodily injury
5. Assault during escape with intent to commit bodily injury with a deadly weapon or force (CRS 18-8-206(1)(a))
  1. An inmate or arrestee is escaping (or attempting to escape); and
  2. The person commits assault with intent to commit bodily injury with a deadly weapon (or with force likely to produce serious bodily injury); and
  3. The person has been convicted of a class 1 felony crime.
6. Treason (CRS 18-11-101)
  • Levying war against the state; or
  • Adhering to state enemies, giving them aid and comfort.
There are no extraordinary risk class 1 felonies.2 See the official government list of Colorado class 1 felonies.

3. What are the Colorado penalties for class 1 felonies?

Class 1 felonies carry life in Colorado State Prison. A lifelong prison term is both the minimum sentence and maximum sentence. There is no mandatory parole period. Therefore, people convicted of these crimes die behind bars during their prison sentence.3 Convicted felons also lose their rights to own or possess a firearm.4 Learn more in our article Colorado felony sentencing guidelines.
Gavel with lethal injection syringe.
Colorado is no longer a capital punishment state.

4. When can courts impose the death penalty?

Colorado is no longer a death penalty state. People convicted of crimes charged on or after July 1, 2020, may not be sentenced to death. Instead, they will be sentenced to prison time for life.5

5. Can immigrants get deported?

Class 1 felonies such as murder are deportable offenses.6 But since defendants get sentenced to life imprisonment in a Colorado state prison, they will not be removed from the U.S. unless their sentence gets commuted. Learn more about the criminal defense of immigrants in Colorado.

6. Can the record be sealed?

Class 1 felony convictions may never be sealed from the defendant’s record under Colorado law. But if the charge gets dismissed, then the defendant can seal the record immediately.7 Learn more about Colorado criminal record seals.

7. What is the criminal statute of limitations?

There is no statute of limitations for Colorado prosecutors to press criminal charges for murder, kidnapping, or treason. Therefore, suspects can be charged at any time no matter how much time has passed. The Colorado Revised Statutes are silent as to the statute of limitations for assault during escape.8

8. Can I get a jury trial?

Yes. Defendants charged with a class 1 felony in Colorado may have a jury trial with twelve jurors. With the court’s permission, the defendant can choose a smaller jury with a minimum of six jurors. Or, defendants can choose to have a bench trial instead.9

9. Do I have to give up my gun?

Yes. Anyone convicted of a class 1 felony can not own or carry firearms under Colorado criminal law. Learn about how convicted felons can get firearm rights restored by getting a Governor’s Pardon.10
Additional Reading: Read our related articles about reducing a felony to a misdemeanor,  habitual offender sentencing, misdemeanors, and petty offenses. Also see our articles on such Colorado crimes as domestic violence, first degree assault (CRS 18-3-202), human trafficking for involuntary servitude (CRS 18-3-503), vehicular homicide (CRS 18-3-106), second-degree murder (CRS 18-3-103), theft of property (CRS 18-4-401), DUI, sex offenses, sex offenders, and drug offenses.

Legal References

  1. The criminal statute that defines the penalty ranges is CRS 18-1.3-401; see also Doubleday v. People, (2016) CO 3, 364 P.3d 193.
  2. CRS 16-5-401.
  3. CRS 18-1.3-401; see also People v. Brooks, (2018) CO 77, 426 P.3d 353.
  4. CRS 18-12-108.
  5. SB20-100; Jesse Paul, John Ingold, Governor signs bill abolishing Colorado’s death penalty, commutes sentences of state’s 3 death row inmates, Colorado Sun (March 23, 2020).
  6. 8 U.S.C. § 1227.
  7. CRS 24-72-706.
  8. CRS 18-1-406.
  9. CRS 18-12-108; Colorado Constitution, Article IV, § 7.
  10. CRS 16-5-401.

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