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A level 1 drug felony in Colorado is a crime that (if convicted) comes with prison time of eight to 32 years and fines of $5,000 up to $1 million. If aggravating circumstances are present in the case, then the minimum prison sentence is 12 years. Additionally, if convicted of this crime, then it can never be sealed from your criminal record.

Keep reading to learn more about this drug charge, your rights, and why you should get in touch with our legal team at the Law Offices of Steven J. Pisani for help building a viable defense.

What Is a Level 1 Drug Felony?

A level 1 drug felony is considered the most serious criminal charge when it comes to drug felonies. This type of crime carries a much harsher and more serious punishment than level two, three, and four drug felonies in the state.

What Type of Sentence Will You Face for a Level 1 Drug Felony in the State of Colorado?

The range of penalties for a level 1 drug felony in the state of Colorado is between eight and 32 years in prison. You will also face between $5,000 and $1 million in fines. There’s also a $4,500 surcharge and a three-year period of parole, which are both mandatory.

As mentioned above, if there are aggravating factors involved in the case, then the minimum prison sentence will be 12 years. Cases of aggravated level 1 drug felonies occur when the individual was:

  • In confinement for a felony
  • On parole
  • An escape from confinement for some felony
  • On bond or probation for a different felony

Common Examples of Level 1 Drug Felonies

Some of the most common crimes that occur that result in a person being charged with a level 1 drug felony in Colorado include:

  • The sale of controlled substances including over 225 grams of schedule I or II drugs or over 112 grams of cathinone, ketamine, heroine, or methamphetamine; or over 50 milligrams of flunitrazepam.
  • Selling marijuana if the total amount is over 50 pounds or there are more than 25 pounds of marijuana concentrate.
  • The sale of marijuana to a minor when there are over 2.5 pounds of the substance or over one pound of marijuana concentrate. Also, the adult must be two or more years older than the minor being sold to.

Is It Possible to Have a Level 1 Drug Felony Sealed from Your Record?

It is possible for a level 1 drug felony conviction in Colorado to be sealed after a period of five years has passed from when it closed. However, if the charge is dismissed, there’s no waiting period to request having your record sealed.

Can You Have a Trial When Facing a Level 1 Drug Felony?

If you are arrested and charged with a level 1 drug felony in Colorado, you can have a jury trial that includes twelve jurors or a bench trial. If a jury trial is had, then you can request a smaller jury if needed, but there has to be a minimum of six jurors.

What Happens if You Are Not a U.S. Citizen?

A non-citizen who is convicted of a level 1 drug felony in Colorado will face deportation from the United States after they have completed their prison citizen. This is why it is so important for non-citizens who are facing drug crimes to get in touch with a lawyer to help fight these charges. Our legal team can help in these situations to ensure you have the best possible representation and defense in these cases.

Is There a Statute of Limitations to File Criminal Charges?

Prosecutors in Colorado have three years to file a level 1 drug felony against someone after the offense takes place. If the defendant is not in the state, then the statute of limitations can be paused for up to five years.

Get in Touch with Our Legal Team for Help with Your Colorado Drug Charges

If you are facing level 1 drug felony charges, or any drug charges, in the state of Colorado, our legal team at the Law Offices of Steven J. Pisani is here to help. We can review the charges and evidence against you and work to help you build a solid defense. Our team is here to help with your situation. Contact us today for a free initial consultation.

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