Colorado Springs Criminal Law Blog

People who have served their sentences often have trouble re-entering the working world, according to a recent article in the Denver Post. Restrictions on jobs, housing, and other important opportunities and resources can make it very difficult for someone who has paid a debt to society to rejoin that society - increasing the likelihood that a person may reconsider going back to prison rather than continue to fight a losing battle.

A bill recently introduced in the Colorado legislature seeks to help people rejoin society after conviction by giving them a better chance at securing work and other opportunities. The bill calls for several small but important changes to the criminal justice system. These include sealing criminal records after three years of “clean living,” allowing employers to keep employees even if they have been convicted of a felony, and allowing courts to issue “rehabilitation certificates” that would show someone with a criminal record has served his or her sentence and gone on to avoid any further entanglements with the legal system.

These changes are small, but supporters hope they will create more opportunities for people who have served sentences for felony convictions to find work and rejoin the community, allowing them to build a life instead of being effectively shut out of society.

At The Bussey Law Firm, P.C., our experienced Colorado Springs felony defense attorneys are dedicated to fighting on behalf of those who are charged with a felony or any other criminal offense. We will build an aggressive defense that protects your rights while also fighting for the best possible outcome in your case. For a free, confidential consultation, call us today at (719) 475-2555.

Most felony crimes in Colorado are classified in one of six different possible classes. Class One felonies are the most serious, while Class Six felonies are considered the least serious. Some felony crimes are not classified at all, however. Known as “unclassified felonies,” these crimes have sentences fixed by statute instead of by the class they fall into.

Some of the felonies that are currently not classified include:

• Making a profit on public money by using it for any unauthorized purpose, if you are a public official.
• Violating Colorado’s antitrust laws. A conviction for this kind of violation can mean a fine of up to $1,000,000.00.
• Rioting in a detention facility can lead to 2 to 10 years additional prison time, if a person is convicted of actively participating in the riot.
• Knowingly endangering air quality by releasing prohibited pollutants can lead to a fine of up to $50,000 per day, up to a total of $1,000,000.00.

Not all the unclassified felonies in Colorado are listed here. However, an unclassified felony conviction can be just as serious as a classified felony conviction, including the same risks of prison time, fines, and other life-altering penalties.

A felony conviction carries serious penalties, including possible prison time. At The Bussey Law Firm, P.C., our experienced Colorado felony defense lawyers are dedicated to building an aggressive defense for each client we represent - one that both protects your legal rights and fights for the best possible outcome in your case. For a free and confidential consultation, call our office today at (719) 475-2555.

The Colorado Bureau of Investigation (CBI) compiles a major crimes report each year, showing trends in convictions for various Colorado felony crimes in the state. In 2010, the last year for which a report is complete, the CBI found that “major crimes” - a category that includes homicides, forcible rape, robbery, burglary, and motor vehicle thefts - had, for the most part, decreased in Colorado in recent years. Convictions for forcible rape, however, have increased dramatically over the past several years.

In 2010, Colorado law enforcement agencies reported a total of 129 homicide convictions. This is a decrease of almost 25 percent from 2009, and a lower number than Colorado has seen in many years. Overall, homicide convictions accounted for 0.3 percent of criminal convictions in Colorado in 2010.

Law enforcement agencies also reported 3,131 robberies, 25,769 burglaries, and 11,114 motor vehicle thefts. All of these represented decreases from 2009 and were part of a trend of these types of criminal convictions decreasing in recent years.

Forcible rape was the primary exception to the overall decreasing trend in “major crimes.” In 2010, law enforcement agencies reported 2,168 forcible rapes, including both completed and attempted rape. While this number is lower overall than those for either robbery, burglary, or motor vehicle theft, it represents a 3.4 percent increase in reported forcible rapes over 2009.

A conviction for a major crime means major consequences. If you’ve been charged with a felony in Colorado, you need a dedicated Colorado felony defense attorney with the experience to build an aggressive defense that protects your rights and fights for the best possible outcome in your case. At The Bussey Law Firm, P.C., we strive to give each of our clients the best possible representation. Call us today at (719) 475-2555 for a confidential consultation.

Colorado Springs police have noted an increase in the number of homicides in the city since last year, but they say they can see no obvious pattern to them, according to a recent article in The Colorado Springs Gazette.

In 2011, police in Colorado Springs recorded 32 homicides, a 33 percent increase from 2010. Unlike the usual types of cases law enforcement typically handles, however, many of the cases were considered “anomalies,” involving visitors to Colorado Springs or an unfortunate mix of events that don’t happen in an average year. The rate of other violent crimes in the area, especially robberies and burglaries, dropped during this time.

Despite the larger number of deaths that were presumed to be homicides in 2011, police do not believe that the numbers indicate Colorado Springs is seeing an increase in crime overall or is becoming less safe. The police department was quick to point out that, because homicides tend to get lots of media attention, it can feel as though the streets are becoming less safe when in fact they are just as safe as usual. In fact, Colorado Springs ranked as the eighth safest city in the U.S. in 2011, both due to its low crime rates and its low risk of car accidents.

Being charged with a violent felony is serious, especially when the charges involve homicide. At The Bussey Law Firm, P.C., our experienced Colorado Springs violent felony defense attorneys are dedicated to protecting the rights of each one of our clients as we build an aggressive defense that seeks the best possible outcome in each person’s case. For more information, call us today at (719) 475-2555.

For the seventh year in a row, Centennial was named Colorado’s safest city when it came to crime rates, according to a recent article in the Centennial Citizen. The list includes 400 cities nationwide with populations over 75,000 people and ranks cities on several crime- and other safety-issue-related indicators.

Compared to other U.S. cities, Centennial came in number 16th overall. The safest city in the U.S. was judged to be Fishers, Indiana, a suburb of Indianapolis. Boulder, Fort Collins, Colorado Springs, and Denver also made the nationwide top 400 list along with several smaller Colorado cities, suggesting that overall, the state is a relatively safe place to live and work. O’Fallon, Missouri; Mission Viejo, California; Ramapo, New York; and Newton, Massachusetts also made the top-five list.

The list examines six types of Colorado felonies: murder, rape, robbery, aggravated assault, burglary, and motor vehicle theft. An in-depth analysis of this data has been published in the book City Crime Rankings 2011-2012: Crime in Metropolitan America, which is produced by Seal Press. According to Centennial city leaders, the city is honored to have achieved the title of “Colorado’s safest city” for the seventh year in a row, and they credit the community’s strong commitment to safety for their ongoing success.

Felonies in Colorado carry severe penalties, including possible prison terms. If you or someone you love has been charged with a felony, call the knowledgeable Colorado felony defense attorneys at The Bussey Law Firm, P.C. We’re dedicated to fighting for the best possible outcome in each case we handle. Call us today at (719) 475-2555 for a free and confidential consultation.

In Colorado, the sentences for all criminal convictions are determined by what “class” the crime falls into. There are six classes, with Class 1 crimes being the most serious - and carrying the heaviest penalties - while Class 6 crimes are the least serious. Each class lists a minimum and a maximum possible sentence, along with minimum and maximum parole times.

However, in some situations, a person convicted of a crime in Colorado might face a heavier sentence than the one listed for the class. This may occur if the crime for which the person is convicted is known as an “extraordinary risk” crime. As of 2011, Colorado had classified the following convictions as “extraordinary risk”:

• Aggravated robbery, Section 18-4-302
• Child abuse, section 18-6-401
• Unlawful distribution, manufacturing, dispensing, sale, or possession of a controlled substance with the intent to sell, distribute, manufacture, or dispense, section 18-18-405 (Note-not simple possession)
• Any crime of violence as defined in section 18-1.3-406
• Stalking, section 18-3-602, or section 18-9-111(4) as it existed prior to August 11, 2010
• Sale of materials to manufacture controlled substances, section 18-18-412.7

“Extraordinary risk” crimes are so named because they are thought to involve an extra risk to human health, life, or safety. According to the Colorado legislature, that additional risk justifies an additional penalty in the form of a longer jail or prison sentence, heavier fines, more years on parole, or all of the above.

Being convicted of a crime in Colorado can have serious consequences. If you’re facing charges for an “extraordinary risk” crime in Colorado, the experienced Colorado felony defense attorneys at The Bussey Law Firm, P.C. can help you build an aggressive defense that protects your rights and fights for the best possible outcome in your individual case. For a confidential consultation, call us today at (719) 475-2555.

A Colorado felony is any crime for which a person convicted may be sentenced to one year or more of incarceration. A felony sentence may also involve other requirements like fines, community service, and probation or parole. While the type of sentence a person may face depends on the facts of his or her conviction, the Colorado Legislative Council (CLC) offers several statistics that give an overview of felony sentencing in Colorado.

First, the CLC found that approximately 48 percent of people who receive a Colorado felony conviction are sentenced to probation. One-third, or 33 percent, are given prison sentences, about 5 percent serve jail sentences, and about 3 percent are sentenced to community corrections. Overall, the number of people sent to Colorado prisons has decreased in the past few years as other options, like community corrections, have become available.

People facing felony convictions in Colorado are more likely to be sentenced to a prison term, rather than jail, community corrections, or probation, under the following circumstances:

• If they have prior felony convictions;
• If their current conviction is for a serious or violent crime; and
• If they have a history of not meeting the requirements of probation or community corrections in the past.

The court considers these and other factors when deciding what sentence to give a person who has received a Colorado felony conviction.

Felonies are generally considered serious crimes, and the penalties for being convicted of one are stiff. If you or someone you love has been charged with a felony in Colorado, please don't hesitate to call the experienced Colorado Springs felony defense attorneys at The Bussey Law Firm, P.C. For a free and confidential consultation, call us today at (719) 475-2555.

After a person is convicted of a Colorado felony crime, the court will usually impose a sentence. Colorado sentencing law is complex and it often requires the court to consider the individual facts of the case and the life circumstances of the person being sentenced.

While Colorado felony sentencing is based on the six categories of felonies that dictate a minimum imprisonment length, the amount of time a person convicted of a felony might spend in jail or prison is lengthened if the court finds the conviction falls into one of five "special sentencing" categories.

According to the Colorado Legislative Council, the five "special sentencing" categories are:

• Crimes of violence;
• Crimes with sentence-enhancing circumstances;
• Crimes with significant mitigating factors;
• Crimes with significant aggravating factors; and
• Crimes that present an “extraordinary risk of harm to society.”

Many of the crimes under Colorado law may fall into more than one category, depending on the facts of the case. The court uses information in the pre-sentencing report and information provided at the sentencing hearing to decide whether any of the "special sentencing" categories apply. If at least one category applies, the court may increase the maximum sentence the convicted person is required to serve, including extra time for parole after any jail or prison sentence is complete.

The penalties for Colorado felony conviction are often strict and if a crime is found to have "special sentencing" factors, the convicted party may find themselves in prison for many years. If you’ve been charged with a felony in Colorado, contact an experienced Colorado Springs felony defense attorney at The Bussey Law Firm, P.C. who can help build an aggressive defense to fight for the best possible outcome in your case. For a confidential consultation, call us today at (719) 475-2555.

A federal analysis of data collected from all fifty U.S. states, including Colorado, found that while the number of adults convicted of felonies each year has increased overall in the United States, the percentage of those people who are required to serve a jail or prison sentence has actually gone down, according to a report released by the U.S. Bureau of Justice Statistics.

The report, which is based on data gathered in 2006, found that 1,132,290 adults faced a felony conviction in the U.S. in 2006. This number represents over 302,000 more people than were faced with a felony conviction in 1990. However, in 1990, 71 percent of those who were convicted of felonies in the United States were sent to prison as part or all of their sentence. By 2006, however, that number had decreased to 61 percent as states and local courts found different ways to penalize those who received felony convictions without actually sending those people to prison.

Further analysis of the data led the Bureau of Justice Statistics to conclude that, at least in part, the reduction in the percentage of people sentenced to prison terms after a felony conviction was due to an increase in probation as an option for certain people convicted of felonies. The percentage of individuals required to serve time in a county jail, instead of a state or federal prison, has also increased.

Felony crimes often involve serious offenses, and the penalties for a felony conviction are serious as well. If you’re facing a felony charge in Colorado, please don’t hesitate to contact the experienced Colorado felony defense attorneys at The Bussey Law Firm, P.C. We can help you build an aggressive defense that protects your legal rights and fights for the best possible outcome in your case. For a confidential consultation, call us today at (719) 475-2555.

In Colorado, “vehicular assault” is a felony, and serious penalties may be imposed on a person who is convicted of committing the crime. A vehicular assault conviction in Colorado may be based on either one of two different parts of the vehicular assault law. These are:

“If a person operates or drives a motor vehicle in a reckless manner, and this conduct is the proximate cause of serious bodily injury to another, such person commits vehicular assault,” or “If a person operates or drives a motor vehicle while under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, and this conduct is the proximate cause of a serious bodily injury to another, such person commits vehicular assault. This is a strict liability crime.”

The second half of the statute prohibits driving under the influence of alcohol and/or a wide range of drugs, including legally prescribed medications if those medications impair the driver “to a degree that such person is substantially incapable...of exercising clear judgment, sufficient physical control, or due care in the safe operation of a vehicle.” Although this is not the precise definition that appears in Colorado’s drunk driving laws, a person charged with a DUI or DWAI in Colorado who was also involved in a traffic accident may face vehicular assault charges as well.

If you have been charged with driving under the influence, vehicular assault, or another serious crime, you need the help of an aggressive and experienced Colorado felony defense lawyer. Attorney Timothy Bussey has the experience to build a strong case that fights for the best possible outcome while also protecting your legal rights. For a confidential consultation, call The Bussey Law Firm, P.C. today at 719-475-2555.

Colorado’s criminal laws include instructions for sentencing people who are convicted of violating any of the criminal statutes. Most Colorado crimes are organized into one of six classes, with Class 1 felonies being the most serious and Class 6 being the least serious. The law sets a maximum amount of prison time a court can impose, depending on which class the conviction falls into. Judges can add time to the maximum sentence, however, if Colorado law defines the crime as an “extraordinary risk crime.”

An “extraordinary risk crime” is one that, according to the Colorado legislature, “present[s] an extraordinary risk of harm to society.” Some of the crimes that fall into this category are armed robbery, child abuse, selling illegal drugs, and “any crime of violence.” If a person is convicted in court of an extraordinary risk crime, the maximum prison sentence may be increased by six months to four years, depending on the class the crime falls in. The person who is convicted of an extraordinary risk crime may also be required to pay heavy fines and other penalties in addition to a prison sentence.

The price of a felony conviction is steep, and the consequences may last for years. That’s why experienced Colorado felony defense attorney Timothy Bussey fights for the best possible outcome in each case he handles. At The Bussey Law Firm, P.C., we have the legal resources and courtroom experience to build an aggressive defense based on the facts of your case. To learn more, call us today at 719-475-2555 for a free and confidential case evaluation.

Oftentimes, a long-time convict falls back into crime, and subsequently prison, after they have been released on parole. According to The Denver Post, this is usually because they reconnect with former criminal associates. A new prison program, however, encourages and requires certain associations between convicted felons in order to help them prepare for and maintain a crime-free life once they have been released.

This pilot program, called the “Lifetime Offender Program” (LTOP), created by the Department of Corrections, currently has twelve long-term prisoners enrolled. The dozen prisoners, which include habitual criminals and murderers, were selected from a pool of 400 applicants from across Colorado. In order to qualify for the LTOP, prisoners must have been imprisoned for at least 15 years, are at least 45 years old, are discipline free, and are within six years of their mandatory parole release.

The prisoners enrolled in the pilot program have been meeting in group sessions with counselors for the last two months at Sterling Correctional Facility. The inmates live together on the same cellblock and are given lessons on how to live present-day society, including how to adapt to a digital world. They will be released by twos to a Denver County Jail community corrections program, after which both will live at the same halfway house. In addition to their parole officer, they will receive guidance from a convict mentor who, after having served a long-term prison sentence, has been living crime-free for years.

Being charged with a felony crime in Colorado can be a very traumatic experience. Even with the implementation of new programs, such as the one mentioned in this blog, a person would be required, in most cases, to remain in prison for more than a decade. A skilled Colorado Springs felony crime lawyer at The Bussey Law Firm, P.C., can help you understand the charges against you and will work diligently to defend your legal rights. To learn more about how we can help you, please contact our office today at 719-475-2555 for an initial consultation at no-cost.

Although serious crime in Colorado Springs had been steadily declining in recent years, 2010 marked an abrupt increase in serious crime reports from 2009. According to a news report in The Gazette, serious crime rose 12 percent from 2009 to 2010 and the number of crimes solved fell nearly 4 percent.

Serious crimes such as auto theft, burglary, robbery, aggravated assault, larceny, and homicide rose anywhere from just less than one percent to 21 percent. These increases do not compare to that of the increase in the number of Colorado Springs police officers assaulted. In 2009, 29 officers were assaulted, but in 2010, that number rose by 59 percent to 46 reported cases.

There was change for the better is 2010, however. There were increases in most serious crimes, but incidents of rape in Colorado Springs dropped from 2009 to 2010. Reports of rape had increased 36 percent in the years between 2005 and 2009, but according to the latest statistics, 2010 saw an eight percent drop in the number of rapes from 2009. In addition to the decrease in rape incidents, statistics show that police were able to solve more rape cases, robberies, and aggravated assaults than in 2009. Also, the number of calls for help decreased by one and one-half percent from 2009 to 2010.

Serious crimes, or felony crimes, in Colorado Springs occur on a regular basis, though trends and numbers change from year to year. Being accused or charged with a felony crime is very serious. A proper defense is necessary to ensure that your legal rights are not being violated. The skilled Colorado felony crime defense lawyer, Timothy Bussey, of The Bussey Law Firm, P.C., will build that proper defense and ensure that you are treated justly. Call today to learn more about how Mr. Bussey can help you at 719-475-2555.

Colorado Springs has a population of over 400,000 as of 2010. It is the second most populated city in Colorado, behind Denver, the capitol. The city covers approximately 186 square miles, which makes it the largest Colorado city in area. Colorado Springs is located roughly one mile above sea level at the base of the infamous Pikes Peak, a mountain in the Front Range of the Rocky Mountains. The city is the headquarters of the U.S. Olympic Committee and is also home to the U.S. Olympic Training Center. Additionally, many U.S. national federations representing individual Olympic sports are headquartered in the city, including the U.S. Fencing Association, U.S. Figure Skating Association, USA Basketball, USA Hockey, USA Table Tennis, and USA Volleyball. The city has also hosted the World Figure Skating Championship five times. Recently, Money magazine selected Colorado Springs as the Best Big City in its “Best Places to Live” feature.

As a heavily populated city, law enforcement officers in Colorado Springs often make arrests for a wide range of felony crimes. The U.S. federal government defines a felony as a crime that is punishable by death or by a prison term of at least one year. Crimes with less harsh penalties are classified as misdemeanors. In comparison to other large cities in the U.S., Colorado Springs’ crime rate is relatively low. In 2009, the Colorado Springs Police Department reported 1,084 aggravated assaults, 15 murders, 342 rapes, and 252 robberies. These statistics result in a violent crime rate of approximately 4.8 per 1,000 Colorado Springs citizens.

Statistics regarding other felony crimes in Colorado Springs, such as:

• Domestic violence


• Drug crimes, including marijuana


• Pornography crimes


• Sex crimes


• Weapons violations


• White collar crimes

have yet to be released by the Colorado Springs Police Department for 2010. These types of Colorado Springs felony crimes can be difficult to track. For example, many instances of domestic violence go unreported, and oftentimes state drug crimes are prosecuted at the federal level.

Although we would like to believe that improper arrests, false accusations, and wrongful convictions are never made, this is not the case. Those who have been accused of a felony in Colorado Springs would have it in their best-interest to seek the council of a skilled and experienced Colorado Springs criminal defense attorney to ensure their legal rights are protected.

The Colorado Springs felony defense lawyers at The Bussey Law Firm, P.C., have a long history of successfully helping those who have been charged with various felonies across the state, including drug crimes and weapons offenses, as well as DUI charges. If you are facing a felony charge in Colorado, call our law office at 719-475-2555 today.