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Have You Been Labeled a “Habitual Offender”?

If you’re facing habitual criminal charges in Boulder, the consequences couldn’t be more serious. Being labeled a “habitual offender” under Colorado law essentially means you’re looking at a life sentence with the inability to get parole for decades – all because of your prior criminal record. It’s a harsh reality, but that’s exactly why retaining an experienced Boulder criminal defense attorney is absolutely critical.

Don’t gamble with your freedom and future by trying to navigate these charges alone. Contact the Dawson Law Office immediately to get our top-rated legal team working tirelessly to protect your rights from the outset. Simply schedule a free, confidential case evaluation.

What Qualifies as a Habitual Criminal Offense in Colorado?

Colorado has some of the strictest “three strikes” laws in the nation when it comes to habitual offenders. Under C.R.S. 18-1.3-801, you can be deemed a habitual criminal if:

  • You’re convicted of:
    • Any class 1 or 2 felony
    • A level 1 drug felony
    • A class 3 felony “crime of violence”
  • You have two previous convictions for any of those offenses, whether the prior cases were handled in Colorado courts or other state/federal jurisdictions.

Some common examples that can lead to habitual offender charges include murder, kidnapping, robbery, aggravated assault, and high-level drug trafficking or distribution.

But it’s not just the most serious violent crimes that trigger this draconian sentencing. If you’re convicted of a third felony of any class within 10 years, you could face triple the maximum sentence – a punishment that can still mean decades behind bars.

Defense Strategies for Habitual Criminal Cases

When you’re staring down a virtual life sentence because of your criminal history, simply pleading guilty is never an option we’ll recommend at The Dawson Law Office.

Our seasoned Boulder criminal defense lawyers pull out every tool in our arsenal to vigorously fight habitual criminal charges, including:

  • Scrutinizing prior conviction evidence: We meticulously examine the records, transcripts, and paperwork involved in your previous cases to identify any defects or constitutional violations that could invalidate those convictions for habitual purposes.
  • Negotiating to avoid habitual sentencing: Our attorneys are highly skilled at working with prosecutors to mitigate charges or leverage other avenues that steer your case away from a potential life sentence.
  • Aggressive representation at trial: If taking your case to a jury is the best path forward, you can be confident in our team’s substantial courtroom experience defending individuals charged with serious felonies.

At the Dawson Law Office, we don’t let prosecutors treat you like a career criminal over past mistakes. Our team is committed to exhausting every potential avenue in pursuit of a favorable outcome for our clients facing habitual criminal charges.

Whether that involves poking holes in the evidence from your prior convictions, identifying procedural errors that invalidate those cases, negotiating an agreement that avoids habitual sentencing entirely, or exercising the right to trial – we simply don’t back down until we’ve left no stone unturned in your defense.

With years of combined experience, our Boulder criminal defense attorneys possess a level of legal knowledge and courtroom skill that is truly unmatched in this region.

While no attorney can ever guarantee a specific outcome, you can rest assured that when you hire our firm, you’re getting Boulder County’s most capable legal professionals fighting to uphold your Constitutional rights.

Consequences of Habitual Criminal Convictions

The penalties for being convicted as a habitual criminal in Colorado are as harsh as they come:

  • Mandatory life sentence: If found guilty of a class 1 or 2 felony or level 1 drug felony after two prior convictions for those same offenses, you’ll receive a life sentence with no possibility of parole for 40 years.
  • Significantly enhanced sentences: Convictions for other felony classes after three prior felony convictions within 10 years draw a sentence 3-4 times longer than the standard maximum.
  • Loss of rights and privileges: Those labeled habitual criminals permanently lose rights like firearm ownership and can face loss of professional licenses, public benefits, and more.
  • Collateral consequences: A felony record makes securing employment, housing, loans, and other essentials extremely difficult even after release.

Those dire penalties drive home the criticality of hiring a criminal defense firm well-versed in Colorado’s unforgiving habitual offender laws.

New 2023 Law Allows Modification After 10 Years

On a positive note for those currently serving lengthy habitual sentences, a new Colorado law passed in 2023 (HB23-1292) provides a potential avenue for sentence modifications after 10 years.

To be eligible, you must petition the court and provide evidence demonstrating:

  • Mitigating factors surrounding the original offense/conviction
  • Positive behavior and engagement while incarcerated
  • You no longer pose a risk to the community

If approved, the court can resentence you to at least the midpoint of the aggravated range for the original charge – potentially shaving years or decades off your habitual offender sentence.

However, this is a complex legal process that requires skilled advocacy from the outset. Our attorneys have extensive experience guiding clients through these proceedings successfully.

Protecting Your Rights – Contact a Boulder Habitual Criminal Lawyer

If you or someone you know has been arrested on potential habitual offender charges in Boulder County, timing is everything. The sooner we can begin investigating the facts and building a defense strategy tailored to your case, the better positioned we’ll be to protect your freedom and future.

For years, The Dawson Law Office has earned a reputation as Boulder’s top-rated criminal defense firm through our commitment to client service and uncompromising legal advocacy.

Don’t roll the dice trying to take on these charges alone and risk throwing away the rest of your life behind bars. Call or contact us online right away to schedule a confidential case evaluation. When your life is on the line, you need the Dawson Law team’s experience in your corner defending your rights.

Got Questions? We Got Answers.

What is considered a "strike" under Colorado's habitual offender law?

Prior convictions for any class 1 or 2 felony, level 1 drug felony, or class 3 felony classified as a “crime of violence” count as strikes that can lead to habitual criminal charges. This applies to offenses prosecuted in Colorado or any other state.

Do juvenile offenses count as strikes?

No, only adult felony convictions can trigger habitual offender sentencing in Colorado. Juvenile adjudications do not constitute “strikes” under the habitual criminal statute.

Can out-of-state convictions be used as habitual offender strikes?

Yes, Colorado’s habitual offender law does allow prosecutors to count felony convictions from other states or the federal system, as long as those crimes would also qualify as strikeable felonies under our state laws.

Do the "strikes" have to be for the same type of crime?

Not necessarily. You can be charged as a habitual criminal based on a variety of different qualifying felony convictions. For example, a prior strike for robbery combined with a new drug conviction could still potentially draw habitual offender charges.

Can a habitual offender's sentence ever be reduced or modified?

For crimes committed after July 2023, the new law HB23-1292 does allow some habitual offenders to petition for a reduced sentence after serving 10 years if they can demonstrate rehabilitation and lack of danger to the community. However, this is a very complex legal process requiring experienced counsel.

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