Mandatory Minimum Sentence for Assault on a Peace Officer

The Colorado Criminal Defense Bar has been working to pass HB-15-1303, sponsored by Representative Melton, which will end the mandatory minimum sentence for 2nd degree assault on a peace officer.  

 

The current felony law for this crime carries, upon conviction, a mandatory minimum sentence of 4 years in prison, up to 8 years. This mandatory minimum sentence applies even when there is no serious bodily injury and no weapon was used. 

 

HB15-1303 simply removes the mandatory minimum sentence of 4 years and instead aligns this offense with other class 4 felonies. It does not change the level of crime (class 4 felony). This will allow a judge can take into consideration the circumstances of the individual case.   

 

Research shows that mandatory minimum sentences are not effective tools for the prevention of crime.  Mandatory minimum sentences prevent courts from imposing a sentence that is individualized to the defendant and based on circumstances of the crime. For instance, a defendant that is accused of spitting on an EMT while being attended to, and for this they are facing a mandatory minimum of 4 years. In practice, these minimums are often used to suppress a defendant’s right to trial by forcing a plea bargain because going to trial and losing is too risky.

There is significant opposition to this bill from prosecutors, law enforcement, EMTs, and firefighters. This bill would not reduce the protections on these first responders, it would just give defendants more opportunity to scrutinize the evidence against them and would allow judges to determine appropriate sentences for specific actions.  We need to act now to make sure our client’s voices are heard. Click here to look up your local representative in the Colorado State House.   

Leave a Reply

Your email address will not be published.

two × three =

Contact our firm today for a free consultation

Our Services
test

Criminal Defense

Criminal Defense Attorney represents defendants at all stages of the criminal process for both misdemeanors and felonies...

Read more

DUI Defense

Denver DUI Attorney Steven J. Pisani represents individuals charged with driving under the influence and alcohol-related traffic...

Read more

Domestic Violence

Denver Domestic Violence Defense Attorney Steven J. Pisani represents individuals charged with domestic violence offenses in Colorado...

Read more

Traffic Tickets

Denver Traffic Attorney Steven J. Pisani effectively represents clients who have been charged with a traffic offense. Traffic laws are typically...

Read more

Read Client Reviews

test

We provide full-service legal assistance with specialization in criminal defense representation, domestic violence defense, DUI defense (driving under the influence), Colorado traffic tickets, Drunk Driving, juvenile criminal defense, shoplifting defense and sealing of criminal records...

Read Reviews

Customer Reviews

Recent News

test
‘Drug dealer’ learns why you don’t call cops when someone steals your cocaine

Apparently, one should not call the police if her/his illegal drugs are stolen. A self-described Florida drug dealer, found this […]

Read more

The Juice to be let loose? O.J. Simpson faces parole hearing this week in Nevada

OJ Simpson is reportedly up for parole after nine years in prison for his role in a Las Vegas armed […]

Read more

Aaron Carter bragged about not getting a DUI before arrest

It is rarely beneficial to be overconfident when it comes to the law and our justice system. Aaron Carter, The […]

Read more