H. Michael Steinberg has over 32 years experience practicing Colorado criminal law. Mr. Steinberg strives to stay current with the ever changing aspects of criminal law issues and updates resulting in his extensive knowledge of successful criminal defense as well as appellate work. He is also an active member of the National Association of Criminal Defense Lawyers, the Colorado Criminal Defense Bar Association, the Colorado Trial Lawyer's Association, and the Colorado and Arapahoe Bar Associations.
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New 2011 Law Prevents DA From Using a Class 6 Felony As A Predicate Offense for Colorado’s Habitual Offender Act

Here is the Summary of a New Law That Prevents DA From Using a Class 6 Felony As A Predicate Offense for Colorado’s Habitual Offender Act

This law removes the option of sentencing an individual convicted of the class 6 felony of unlawful possession of a controlled substance as a habitual offender.

The Law became effective on August 11, 2010.

Background.

Colorado’s Habitual Offender Law requires the court to sentence an individual with three prior felony convictions to incarceration for a period that is four times the maximum sentence for the current felony conviction.

The average length of stay for a class 6 felony is 12.2 months, but for a class 6 felony with a habitual offender enhancement, the average stay is 60 months.

This Law will prevent the abuse of the Habitual Offender Law for such minor crimes as Drug Possession Felony Class 6 Felonies.

It is a good idea and is welcomed by the Colorado Criminal Defense Bar.