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What is considered Domestic Violence in Colorado?
“Domestic violence” means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. “Domestic violence” also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.
What qualifies as an intimate relationship?
“Intimate relationship” means a relationship between spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child regardless of whether the persons have been married or have lived together at any time.
Is it is a separate crime?
No. There is no crime of domestic violence in Colorado. Rather any crime can be charged as an act of DV if law enforcement or district attorney believes it meets the definition. That includes anything from littering to murder. Some of the most common crimes charged as DV include assault, criminal mischief, physical harassment, phone harassment, stalking, and protection order violations. However, almost any crime can be charged as an act of DV.
What is the punishment for Domestic Violence?
Since it is not a separate crime there is not a presumptive length of sentence for someone found guilty of DV. So if you were convicted of misdemeanor criminal mischief as DV you'd be eligible to go to jail based on the criminal mischief charge. Similarly if you found guilty of felony menacing as DV you could go to prison based on the menacing count. A conviction for DV would require DV counseling as a condition of probation.
What are the implications of the DV tag during the initial investigation?
If law enforcement has probable cause to believe a crime occurred and that it was an act of DV they must arrest the person they believe is responsible. That person cannot bond out of jail until they have seen a judge. Law enforcement cannot issue a summons in lieu of arrest in a DV case.
What is a mandatory arrest?
In Colorado, law enforcement is required to investigate any accusation of DV. If they find probable cause exists (a 51% likelihood) that a crime occurred they MUST arrest the accused. They can never simply write a ticket or summons. A person charged with a crime involving DV must see a judge who will set bond and issue a protection order.
What is a dual arrest?
In certain circumstances law enforcement may arrest both parties involved in a dispute and charge each with DV. It is highly important to get legal representation early so they you can have an effective advocate to speak to the prosecutor. Many times one or the other person charged may have their case dismissed if it can be shown that the other person was the primary aggressor.
What happen if you get arrested for DV?
A person accused of DV will be held at a county jail until they can see a judge. Often that is the next day. However, if you are arrested on Friday that can be the next Monday or even the Tuesday if it is a long weekend. Certain jurisdictions do hold Court on Saturday and/or Sunday where bond can be set. Smith & Weidinger can often appear at this weekend court appearances. This first hearing is often one of the most vital and it is vital to have a strong advocate.
What is bond? How is it set?
Bond is what the Courts use to ensure compliance with Court orders and appearance at Court. In some circumstances a Personal Recognizance (PR) bond may be set. That simply means the accused can sign a form that says that he or she will abide by Court orders and return to Court. In other situations a surety or cash bond may be set. If it is a monetary bond then that can be posted by the defendant, a family member or friend, or through the use of a bail bondsman. If someone fails to show up to Court or disobeys a court order that money may be ordered forfeited by a Judge. In Colorado, Judge are required to set bond in a way that protects the community and ensures that persons show up back at Court. They evaluate an accused's criminal history, the nature of the current allegations, the stability of a person's life in terms of housing and work, along with a host of other factors. It is important to have a strong advocate at this initial hearing.
Can bond be reduced once set?
Yes, a Defendant can apply to have bond reduced or modified. This can be done on your own (pro se) or via an attorney. Often the Court does not have very complete information when someone first appears at Court and an effective attorney can help get bond reduced by bringing positive things in someone's life to the Court's attention.
What is a protection order?
Along with bond, a Judge must issue a protection order in every case involving an allegation of DV. The protection order is essentially a restraining order. It can order a person not to have any contact with their kids, spouse, leave their home, wear a GPS tracker, abstain from alcohol, and many other infringements on your personal freedom. It is important to have a strong advocate that can minimize these orders that can have a devastating impact on your personal and/or working life.
Can a protection order be modified once issued?
Absolutely. You can always apply to a Judge to change a protection order. Under the Colorado Victims Rights Amendment the alleged victim of the crime must be consulted by the prosecutor and has a right to appear to speak to the Judge about the order. It is important to have strong advocacy when it comes to these vital issues.
What happens if someone is accused of a protection order violation?
This is another matter under Colorado law where it is a mandatory arrest. Law enforcement has no discretion and cannot issue a summons. The accused will be held in a county jail until they see a Judge who will decide what bond to set and whether or not additional conditions need to be added to the protection order. Violation of a Protection Order may be a crime of DV but it can also be charged as a ordinary non-DV crime depending on the circumstances.
Introducing Contraband in the First Degree, C.R.S. § 18-8-203
(1) a person commits introducing contraband in the first degree if he or she knowingly and unlawfully:
(a) introduces or attempts to introduce a dangerous instrument, malt, vinous, or spiritous liquor, fermented malt beverage, controlled substance, or marijuana into a detention facility or at any location where an inmate is or is likely to be located, while an inmate is in the custody and under the jurisdiction of a political subdivision of the state of Colorado or the department of corrections , but not on parole; or
(b) being a person confined in a detention facility, makes any dangerous instrument, controlled substance, marijuana, or alcohol.
(2) introducing contraband in the first degree is a class 4 felony.
Introducing Contraband in the Second Degree, C.R.S. § 18-8-204
(1) a persons commits introducing contraband in the second degree if he or see knowingly and unlawfully:
(a) introduces or attempts to introduce contraband into a detention facility
(b) being a person confined in a detention facility, makes any contraband
(3) introduction of contraband in the second degree is a class 6 felony.
Often one of the most critical stages of any case is the first 24-72 hours after an arrest. Smith & Weidinger can help you at this critical juncture.
Has a loved one been arrested? Here is some basic information that is good to know:
Can I go visit them?
Each county sheriff sets visitation for their own jail. Typically in-person visitation for non-professionals is very restrictive or non-existent. In the era of Covid this became even more common. However, most every jail has a phone or video teleconference system that allows inmates to contact friends or family. In order to use this you often need to set up an account and/or put "money on the books" of your loved ones. Each county jail has a different policy and may use different contractors for these services. Therefore it is best to search for and review the website of the county sheriff where you loved one is being held.
Can a lawyer go visit them?
Under Colorado law, the sheriff must permit a lawyer to speak to an incarcerated person. This can very often be done in person to preserve the confidentiality of that visit. If your loved one is a client of Smith & Weidinger please just call us and we will make arrangements as soon as possible to visit them.
What if my loved one does not yet have a lawyer?
Why is it important to get an attorney at this early stage?
Wait isn't Marijuana legal in Colorado?
What sort of laws do I have to be concerned about with respect to marijuana?
What if I have an old marijuana conviction, I've heard that these can now be sealed?
There are many convictions for certain crimes including those involving marijuana that can now be sealed under Colorado law. Please contact us for a consult and we will be happy to evaluate if yours is eligible. There are a number of factors that determine whether a Court can seal an old criminal case and we can talk you through those.
Possession of Cocaine, Possession of Heroin, Possession of Methamphetamine, Possession of Marijuana, Possession of a Controlled Substance, Distribution of Cocaine, Distribution of Heroin, Distribution of Methamphetamine, Distribution of Marijuana. Distribution of a Controlled Substance.
Criminal mischief § 18-4-501. (this can be known as vandalism, destruction of private property, destruction of personal property etc. The severity of the charge is entirely dependent upon the amount of damage that is alleged. It is the prosecutor job to prove the amount of damage beyond a reasonable doubt.)
(1) A person commits criminal mischief when he or she knowingly damages the real or personal property of one or more other persons, including property owned by the person jointly with another person or property owned by the person in which another person has a possessory or proprietary interest, in the course of a single criminal episode.
(4) Criminal mischief is:
(a) A petty offense when the aggregate damage to the real or personal property is less than three hundred dollars;
(b) A class 2 misdemeanor when the aggregate damage to the real or personal property is three hundred dollars or more but less than one thousand dollars;
(c) A class 1 misdemeanor when the aggregate damage to the real or personal property is one thousand dollars or more but less than two thousand dollars;
(d) A class 6 felony when the aggregate damage to the real or personal property is two thousand dollars or more but less than five thousand dollars;
(e) A class 5 felony when the aggregate damage to the real or personal property is five thousand dollars or more but less than twenty thousand dollars;
(f) A class 4 felony when the aggregate damage to the real or personal property is twenty thousand dollars or more but less than one hundred thousand dollars;
(g) A class 3 felony when the aggregate damage to the real or personal property is one hundred thousand dollars or more but less than one million dollars; and
(h) A class 2 felony when the aggregate damage to the real or personal property is one million dollars or more.
There are many subcategories of trespass. These can vary from felonies all the way down to petty offenses. Much depends on what is trespassed and whether the trespasser intended to commit a crime at the time of the trespassing. You can also be charged with a municipal trespass violation, the nature and potential sentences vary from town to town.
First degree criminal trespass, § 18-4-502
(1) A person commits the crime of first degree criminal trespass if such person:
(a) Knowingly and unlawfully enters or remains in a dwelling of another; or
(b) [if such person] Enters any motor vehicle with intent to commit a crime therein.
(2) First degree criminal trespass is a class 1 misdemeanor if such person knowingly and unlawfully enters or remains in a dwelling of another. However, it is a class 6 felony if the dwelling is inhabited or occupied. First degree criminal trespass is a class 1 misdemeanor if such person enters any motor vehicle with intent to commit a crime therein.
Second degree criminal trespass, § 18-4-503.
(1) A person commits the crime of second degree criminal trespass if such person:
(a) Unlawfully enters or remains in or upon the premises of another which are enclosed in a manner designed to exclude intruders or are fenced; or
(b) Knowingly and unlawfully enters or remains in or upon the common areas of a hotel, motel, condominium, or apartment building; or
(c) Knowingly and unlawfully enters or remains in a motor vehicle of another.
(2)
(a) Second degree criminal trespass in violation of subsection (1)(a) or (1)(b) of this section is a petty offense, but it is a class 4 felony if the person trespasses on premises so classified as agricultural land with the intent to commit a felony thereon.
(b) Second degree criminal trespass is a class 2 misdemeanor if such person knowingly and unlawfully enters or remains in a motor vehicle of another.
Third degree criminal trespass, § 18-4-504.
(1) A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another.
(2) Third degree criminal trespass is a petty offense, but:
(a) Repealed.
(b) It is a class 5 felony if the person trespasses on premises so classified as agricultural land with the intent to commit a felony thereon.
First degree criminal tampering, § 18-4-505.
Except as provided in sections 18-4-506.3 and 18-4-506.5, a person commits the crime of first degree criminal tampering if, with intent to cause interruption or impairment of a service rendered to the public by a utility or by an institution providing health or safety protection, the person tampers with property of a utility or institution. First degree criminal tampering is a class 2 misdemeanor.
Second degree criminal tampering, § 18-4-506.
Except as provided in sections 18-4-506.3 and 18-4-506.5, a person commits the crime of second degree criminal tampering if he tampers with property of another with intent to cause injury, inconvenience, or annoyance to that person or to another or if he knowingly makes an unauthorized connection with property of a utility. Second degree criminal tampering is a class 2 misdemeanor.
BURGLARY: charges and consequences are highly dependent on the building involved and the intent of the accused.
First degree burglary, § 18-4-202.
(1) A person commits first degree burglary if the person knowingly enters unlawfully, or remains unlawfully after a lawful or unlawful entry, in a building or occupied structure with intent to commit therein a crime, other than trespass as defined in this article, against another person or property, and if in effecting entry or while in the building or occupied structure or in immediate flight therefrom, the person or another participant in the crime assaults or menaces any person, the person or another participant is armed with explosives, or the person or another participant uses a deadly weapon or possesses and threatens the use of a deadly weapon.
(2) First degree burglary is a class 3 felony.
(3) If under the circumstances stated in subsection (1) of this section the property involved is a controlled substance, as defined in section 18-18-102 (5), within a pharmacy or other place having lawful possession thereof, such person commits first degree burglary of controlled substances, which is a class 2 felony.
Second degree burglary, § 18-4-203
(1) A person commits second degree burglary, if the person knowingly breaks an entrance into, enters unlawfully in, or remains unlawfully after a lawful or unlawful entry in a building or occupied structure with intent to commit therein a crime against another person or property.
(2)
(a) Except as provided in subsection (2)(b) or (2)(c) of this section, second degree burglary is a class 4 felony.
(b) Second degree burglary is a class 3 felony if:
(I) It is a burglary of a dwelling;
(II) The objective of the burglary is the theft of a controlled substance, as defined in section 18-18-102 (5), lawfully kept within any building or occupied structure; or
(III) The objective of the burglary is the theft of one or more firearms or ammunition.
(c) Second degree burglary is a class 2 misdemeanor if the person knowingly violated a written notice by a retailer or an order by a court of lawful jurisdiction specifically restraining a person from entering a particular retail location during hours which the retail store is open to the public.
Third degree burglary, § 18-4-204
(1) A person commits third degree burglary if with intent to commit a crime he enters or breaks into any vault, safe, cash register, coin vending machine, product dispenser, money depository, safety deposit box, coin telephone, coin box, or other apparatus or equipment whether or not coin operated.
(2) Third degree burglary is a class 2 misdemeanor, but it is a class 1 misdemeanor if it is a burglary, the objective of which is the theft of a controlled substance, as defined in section 18-18-102 (5), lawfully kept in or upon the property burglarized.
Colorado has a variety of laws against arson. The punishment and consequences vary heavily based on the circumstances of the case.
First degree arson, § 18-4-102.
(1) A person who knowingly sets fire to, burns, causes to be burned, or by the use of any explosive damages or destroys, or causes to be damaged or destroyed, any building or occupied structure of another without his consent commits first degree arson.
(2) First degree arson is a class 3 felony.
(3) A defendant convicted of committing first degree arson by the use of any explosive shall be sentenced by the court in accordance with the provisions of section 18-1.3-406.
Second degree arson, § 18-4-103.
(1) A person who knowingly sets fire to, burns, causes to be burned, or by the use of any explosive damages or destroys, or causes to be damaged or destroyed, any property of another without his consent, other than a building or occupied structure, commits second degree arson.
(2) Second degree arson is:
(a) A petty offense if the value of the property is less than three hundred dollars;
(b) A class 2 misdemeanor if the value of the property is three hundred dollars or more but less than one thousand dollars;
(c) A class 1 misdemeanor if the value of the property is one thousand dollars or more but less than two thousand dollars;
(d) A class 6 felony if the value of the property is two thousand dollars or more but less than five thousand dollars;
(e) A class 5 felony if the value of the property is five thousand dollars or more but less than twenty thousand dollars;
(f) A class 4 felony if the value of the property is twenty thousand dollars or more but less than one hundred thousand dollars;
(g) A class 3 felony if the value of the property is one hundred thousand dollars or more but less than one million dollars; and
(h) A class 2 felony if the property is one million dollars or more.
(3) Repealed.
Third degree arson, § 18-4-104.
(1) A person who, by means of fire or explosives, intentionally damages any property with intent to defraud commits third degree arson.
(2) Third degree arson is a class 4 felony.
Fourth degree arson, § 18-4-105.
(1) A person who knowingly or recklessly starts or maintains a fire or causes an explosion, on his own property or that of another, and by so doing places another in danger of death or serious bodily injury or places any building or occupied structure of another in danger of damage commits fourth degree arson.
(2) Fourth degree arson is a class 4 felony if a person is thus endangered.
(3) Fourth degree arson is:
(a) A petty offense if only property is thus endangered and the value of the property is less than three hundred dollars;
(b) A class 2 misdemeanor if only property is thus endangered and the value of the property is three hundred dollars or more but less than one thousand dollars;
(c) A class 1 misdemeanor if only property is thus endangered and the value of the property is one thousand dollars or more but less than two thousand dollars;
(d) A class 6 felony if only property is thus endangered and the value of the property is two thousand dollars or more but less than five thousand dollars;
(e) A class 5 felony if only property is thus endangered and the value of the property is five thousand dollars or more but less than twenty thousand dollars;
(f) A class 4 felony if only property is thus endangered and the value of the property is twenty thousand dollars or more but less than one hundred thousand dollars;
(g) A class 3 felony if only property is thus endangered and the value of the property is one hundred thousand dollars or more but less than one million dollars; and
(h) A class 2 felony if only property is thus endangered and the value of the property is one million dollars or more.
(4) Repealed.
(5) It shall not be an arson offense pursuant to this section if:
(a) A person starts and maintains a fire as a controlled agricultural burn in a reasonably cautious manner; and
(b) No person suffers any of the following as a result of the fire:
(I) Bodily injury;
(II) Serious bodily injury; or
(III) Death.
(6) For purposes of this section, "controlled agricultural burn" means a technique used in farming to clear the land of any existing crop residue, kill weeds and weed seeds, or reduce fuel buildup and decrease the likelihood of a future fire.
Robbery, § 18-4-301.
(1) A person who knowingly takes anything of value from the person or presence of another by the use of force, threats, or intimidation commits robbery.
(2) Robbery is a class 4 felony.
Aggravated robbery, § 18-4-302.
(1) A person who commits robbery is guilty of aggravated robbery if during the act of robbery or immediate flight therefrom:
(a) He is armed with a deadly weapon with intent, if resisted, to kill, maim, or wound the person robbed or any other person; or
(b) He knowingly wounds or strikes the person robbed or any other person with a deadly weapon or by the use of force, threats, or intimidation with a deadly weapon knowingly puts the person robbed or any other person in reasonable fear of death or bodily injury; or
(c) He has present a confederate, aiding or abetting the perpetration of the robbery, armed with a deadly weapon, with the intent, either on the part of the defendant or confederate, if resistance is offered, to kill, maim, or wound the person robbed or any other person, or by the use of force, threats, or intimidation puts the person robbed or any other person in reasonable fear of death or bodily injury; or
(d) He possesses any article used or fashioned in a manner to lead any person who is present reasonably to believe it to be a deadly weapon or represents verbally or otherwise that he is then and there so armed.
(2) Repealed.
(3) Aggravated robbery is a class 3 felony and is an extraordinary risk crime that is subject to the modified presumptive sentencing range specified in section 18-1.3-401 (10).
(4) If a defendant is convicted of aggravated robbery pursuant to paragraph (b) of subsection (1) of this section, the court shall sentence the defendant in accordance with the provisions of section 18-1.3-406.
Aggravated robbery of controlled substances, § 18-4-303.
(1) A person who takes any controlled substance, as defined in section 18-18-102 (5), from any pharmacy or other place having lawful possession thereof or from any pharmacist or other person having lawful possession thereof under the aggravating circumstances defined in section 18-4-302 is guilty of aggravated robbery of controlled substances.
(2) Aggravated robbery of controlled substances is a class 2 felony.
Sentencing for Sex Crimes can be extremely severe. Even lower level sex offenses may require registration as a sex offender and close probation supervision.
Misdemeanors
Felonies
Penalties for Violent Crimes in Colorado can be extremely harsh. It is important to know your rights.
Misdemeanor Classification, C.R.S. § 18-1.3-501(1)(a.5) [except for misdemeanor drug offenses] for offenses committed on or after March 1, 2022, misdemeanors are divided into two classes that are distinguished from one another by the following penalties that are authorized upon conviction:
Class 1: The maximum sentence for a class 1 misdemeanor is 364 days imprisonment, not more than a one thousand dollar fine, or both.
Class 2: The maximum sentence for a class 2 misdemeanor is 120 days imprisonment, not more than a seven hundred fifty dollar fine, or both.
Misdemeanors
Felonies
Sentencing on felonies in Colorado is very complex and there are many factors that could be consequential to the maximum or minimum available sentence.
Many crimes do not involve violence or the threat there of. White collar crime is a complicated subject. It often involves political or industrial intrigue. Accusations can destroy a business, a person's private fortune, and/or put their liberty at risk. These cases are of the utmost importance in protecting your reputation and freedom.
Public Employees such as prison guards, probation officers, police officers, sheriff's deputies or other members of government can sometime be charged with violating regulations associated with their office as crimes. This prosecutions can be highly aggressive and it is important to have aggressive legal representation of the sort that Smith & Weidinger can provide:
First Degree Official Misconduct, C.R.S. § 18-8-404
(1) A public servant commits first degree official misconduct if, with intent to obtain a benefit for the public servant or another or maliciously to cause harm to another, he or she knowingly;
(a) Commits an act relating to his office but constituting an unauthorized exercise of his official function; or
(b) Refrains from performing a duty impose upon him by law; or
(c) Violates any statute or lawfully adopted rule or regulation related to his office.
(2) First degree official misconduct is a class 1 misdemeanor.
Second Degree Official Misconduct, C.R.S. § 18-8-405
(1) A public servant commits second degree official misconduct if he knowingly, arbitrarily, and capriciously:
(a) Refrains from performing a duty imposed him upon law; or
(b) Violates any statute or lawfully adopted rule or regulation relating to his office.
(2) Second degree official misconduct is a petty offense.
Embezzlement of Public Property, C.R.S. § 18-8-407
(1) Every public servant who lawfully or unlawfully comes into possession of any public moneys or public property of whatever description, being the property of the state or of any political subdivision of the state, and who knowingly converts any of such public moneys or property to his own use or to any use other than the public use authorized by the law is guilty of embezzlement of public property. Every person convicted under the provisions of this section shall be forever thereafter ineligible and disqualified from being a member of the general assembly of this state or from holding any office of trust or profit in this state.
(2) Embezzlement of public property is a class 5 felony.
Perjury in the First Degree, C.R.S. § 18-8-502
(1) A person commits perjury in the first degree if in any official proceeding he knowingly makes a materially false statement, which he does not believe to be true, under an oath required or authorized by law.
(2) Knowledge of the materiality of the statement is not an element of this crime, and the defendant's mistaken belief that his statement was not material is not a defense is not a defense, although it may be may be considered by the court in imposing sentence.
(3) Perjury in the first degree is a class 4 felony.
Perjury in the Second Degree, C.R.S. § 18-8-503
(1) A person commits perjury in the second degree if, other in an official proceeding, with an intent to mislead a public servant in the performance of his duty, he makes a materially false statement, which he does not believe to be true, under an oath required or authorized by law.
(2) Perjury in the second degree is a class 2 misdemeanor.
Perjury in the Second Degree can sometimes be charged against someone applying to buy a firearm (gun) or applying for a concealed carry permit. It is important to protect your Second Amendment rights and to not be railroaded on this charge.
Bribery, C.R.S. § 18-8-302
(1) A person commits the crime of bribery, if:
(a) He offers, confers, or agrees to confer any pecuniary benefit upon a public servant with the intent to influence the public servant's vote, opinion, judgment, exercise of discretion, or other action in his official capacity; or
(b) While a public servant, he solicits, accepts, or agrees to accept any pecuniary benefit upon an agreement or understanding that his vote, opinion, judgment, exercise of discretion, or other action as a public servant will thereby be influenced.
(2) It is no defense to a prosecution under this section that the person sought to be influenced was not qualified to act in the desired way, whether because he had not yet assumed office, lacked jurisdiction, or for any other reason.
(3) Bribery is a class 3 felony.
Violation of bail bond conditions aka VBBC, C.R.S. § 18-8-212
(1) A person who is charged with any felony and is released on bond commits a class 6 felony if the person knowingly fails to appear in the felony case for which the person is on bond with the intent to avoid prosecution.
(2) A person who is released on bond and is charged with any felony or misdemeanor arising from the conduct for which the person was arrested commits a class 2 misdemeanor if the person intentionally fails to appear in the case for any proceedings for which victims or witnesses have appeared in court.
(3) The court shall sentence any person who is convicted of a misdemeanor offense in violation of section 18-6-803.5, or a felony offense in violation of section 18-8-704, 18-8-705, 18-8-706, or 18-8-707, involving a victim or witness in the underlying offense while on bond in the underlying case to imprisonment of not less than one year for violation of subsection (1) of this section and not less than six months for violation of subsection (2) of this section. The court shall order the sentence to be served consecutively with any sentence for the offense on which the person is on bail if the underlying sentence is a sentence to incarceration.
(3.5) A person who is on bond for a sex offense as defined in section 18-1.3-1003 who is convicted under this section for a bond violation shall not be eligible for probation or a suspended sentence and shall be sentenced to imprisonment of not less than one year. Any such sentence shall be served consecutively with any sentence for the offense on which the person is on bail.
(4) A criminal action charged pursuant to this section may be tried either in the county where the offense is committed or in the county in which the court that issued the bond is located, if such court is within this state.
(5) A violation of bond appearance conditions shall not be brought against any person subject to the provisions of section 16-4-113 (2).
Impersonating a Public Servant, C.R.S. § 18-8-113
(1) A person commits impersonating a public servant if he falsely pretends to be a public servant other than a peace officer and performs any act in that pretended capacity.
(2) It is no defense to a prosecution under this section that the office the actor pretended to hold did not if fact exist.
(3) Impersonating a public servant is a class 2 misdemeanor.
Abuse of a Public Records, C.R.S. § 18-8-114
(1) A person commits a class 2 misdemeanor if:
(a) The person knowingly makes a false entry in or falsely alters any public record; or
(b) Knowing the person lacks the authority to do so, the person knowingly destroys, mutilates, conceals, removes, or impairs, the availability of any public record; or
(c) Knowing the person lacks the authority to retain the record, the person refuses to deliver up a public record in the person's possession upon proper request of any person lawfully entitled to receive such record; or
(d) Knowing the person has not been authorized by the custodian of the public record to do so, the person knowingly alters any public record.
(2) As used in this section, the term "public records" includes all official books, papers, or records created, received, or used by or in any governmental office or agency.
Poaching, Hunting, Boating, Snowmobiling, Recreation, State Parks, National Parks, National Forests, Wildlife
Boating Under the Influence (BUI).
Colorado does not have many navigable waterways but the ones that exist are typically crowded and well patrolled during boating season. Smith & Weidinger has a staff that includes a former United States Navy Surface Warfare Officer and understands nautical matters as well as any firm in Colorado. Don't let yourself get railroaded and chose a firm that will fight for you.
Operating a vessel while under the influence (aka Boating Under the Influence), C.R.S. § 33-13-108.1.
(1) (a) It is a misdemeanor for any person to operate or be in actual physical control of a vessel in this state while:
(I) Under the influence of alcohol;
(II) The amount of alcohol, as shown by analysis of the person's blood or breath, in the person's blood is 0.08 or more grams of alcohol per one hundred milliliters of blood or 0.08 or more grams of alcohol per two hundred ten liters of breath at the time of the commission of the alleged offense or within two hours after operating a vessel, if the evidence establishes beyond a reasonable doubt that the person did not consume any alcohol between the time of operation and the time of testing;
(III) Under the influence of any controlled substance as defined in section 18-18-102 (5), C.R.S., or any other drug that renders the person incapable of safely operating a vessel;
(IV) Under the influence of any combination of alcohol and any controlled substance as defined in section 18-18-102 (5), C.R.S., or any other drug, when the combination of alcohol and controlled substance or any other drug renders the person incapable of safely operating a vessel.
(12) (a) Every person who is convicted of a violation of subsection (1) of this section shall be punished by imprisonment in the county jail for not less than five days nor more than one year, and, in addition, the court may impose a fine of not less than two hundred dollars nor more than one thousand dollars. Except as provided in paragraph (c) of this subsection (12), the minimum period of imprisonment provided for the violation shall be mandatory. In addition to any other penalty that is imposed, every person who is convicted of a violation to which this paragraph (a) applies shall perform no more than ninety-six hours of useful public service.
(b) Upon a conviction of a subsequent violation of subsection (1) of this section that occurred within five years of the date of a previous violation of subsection (1) of this section, the offender shall be punished by imprisonment in the county jail for not less than sixty days nor more than one year, and, in addition, the court may impose a fine of not less than six hundred dollars nor more than one thousand dollars. The minimum period of imprisonment as provided for the violation shall be mandatory, but the court may suspend up to fifty days of the period of imprisonment if the offender complies with paragraph (c) of this subsection (12). In addition to any other penalty that is imposed, every person convicted of a violation to which this paragraph (b) applies shall perform not less than sixty hours nor more than one hundred twenty hours of useful public service. The performance of the minimum period of service shall be mandatory, and the court shall have no discretion to suspend the mandatory minimum period of performance of the service.
Carless Boating, C.R.S. § 33-13-108(2)
(2) (a) It is unlawful for any person to operate a vessel in a careless or imprudent manner without due regard for zoning, traffic, and other attendant circumstances or as to endanger any person, property, or wildlife. For purposes of this paragraph (a), careless or imprudent vessel operation includes, but is not limited to, the following:
(I) Becoming airborne or completely leaving the water while crossing the wake of another vessel at an unsafe distance from the vessel creating the wake or when visibility around such vessel is obstructed;
(II) Unsafely weaving through vessel traffic;
(III) Operating at such a speed and proximity to another vessel so as to require the operator of either vessel to abruptly swerve or to abruptly cut speed in order to avoid collision.
(b) Any person who violates paragraph (a) of this subsection (2) is guilty of a petty offense and, upon conviction thereof, shall be punished by a fine of two hundred dollars.
Reckless Boating, C.R.S. § 33-13-108(3)
(3) It is unlawful for any person to operate a vessel in a reckless manner. Any person who violates this subsection (3) is guilty of a class 2 misdemeanor and, upon conviction, shall be punished by a fine of not more than seven hundred fifty dollars, or by imprisonment in the county jail for not more than 120 days, or by both such fine and imprisonment.
Snowmobiling Under the Influence, C.R.S. § 33-14-116(3)
(3) No person shall operate a snowmobile while under the influence of alcohol, a controlled substance, as defined in section 18-18-102 (5), C.R.S., or any other drug, or any combination thereof, which renders the person incapable of the safe operation of a snowmobile.
Reckless Snowmobiling, C.R.S. § 33-14-116(2)
(2) No person shall operate a snowmobile in such a manner as to indicate either a wanton or a willful disregard for the safety of persons or property.
Penalties: (6) Any person who violates subsection (2) or (3) of this section is guilty of a class 1 misdemeanor and, upon conviction, shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail for not more than 364 days, or by both such fine and imprisonment.