24 HOUR HOTLINE: 303.377.0100
1873 S Bellaire St, Suite 1400 - Denver, CO 80222
  • HOME
  • ABOUT
  • PAYMENT PLANS
  • FREE CONSULTATION
  • CRIMINAL DEFENSE
  • BLOG
  • CONTACT US
  • HOME
  • ABOUT
  • PAYMENT PLANS
  • FREE CONSULTATION
  • CRIMINAL DEFENSE
  • BLOG
  • CONTACT US

Categories

  • Controlled Substances
  • Criminal Law
  • Deregister as a Criminal Offender
  • DMV
  • Domestic Violence
  • Drug Crimes
  • DUI Law
  • DUI Marijuana
  • Everyday Law
  • Petition to Seal your Criminal Record
  • Probation
  • Restraining Order
  • Sealing a Criminal Record
  • Sexual Offenses
  • Strangulation
  • Testimony
  • Uncategorized
  • CONTACT US FOR A
    FREE CONSULTATION

  • This field is for validation purposes and should be left unchanged.

Criminal Defense Practice Areas:

  • DUI/Traffic Charges
  • Sex Offenses
  • Internet Crimes
  • Domestic Violence
  • Assault/Criminal Mischief
  • Drug Cases
  • Child Abuse
  • Theft
  • Appeals
  • Probation Violations

Felony Drug Charges the Wobbler convert your conviction into a Misdemeanor?

Posted by Colin on February 16th, 2021
  • Facebook
  • Twitter
  • Pinterest
  • LinkedIn
  • Email

DRUG FELONY CHARGES AND POSSIBLE PENALTIES 

When you are arrested for Felony Drug Charges, you must immediately act to put yourself in the best long-term position. The first 7 days can make a huge difference in the results of your case with Expedited Drug Court for Felony Drug Charges.

Level Minimum Maximum Mandatory Parole Fine DOS  
DF1 8 years 32 years 3 years $5,000-$1,000,000 $4,500 
 Presumptive  Aggravated    
DF2 4-8 years 8-16 years 2 years $3,000-$750,000 $3,000 
DF3 2-4 years 4-6 years 1 year $2,000-$5,000 $2,000 
DF4 6 months – 1 year 1-2 years 1 year $1,000-$100,000 $1,500 
DF1 to DF4

AGGRAVATING FACTORS 

  • On parole for another felony 
  • On probation for another felony 
  • In prison, community corrections, or on escape status 
  • On probation for felony adjudication  

*NOTE: (The sentencing range under the above aggravating factors are the statutory midpoint of the presumptive range to the maximum aggravated range) 

Prison and Felony Drug Charges
Prison and Felony Drug Charges

STATUTORY AGGRAVATORS for Felony Drug Charges

  • On bond for felony 
  • On bond for felony delinquent act 
  • On bond for any offense as a plea when original offense was felony 
  • On bond for any delinquent act when original the offense was felony delinquent act 
  • On a DJ&S for a felony delinquent act (Note: DJ&S adult inadvertently out) 
  • On parole for a felony delinquent act 

*NOTE: (except for DF1, the presence of any one or more of the above sentence enhancing circumstances allows the court if it sentences the defendant to incarceration, to sentence the defendant to a term in the presumptive OR aggravated range) 

DRUG MISDEMEANOR PENALTIES  

Level Minimum Maximum Fine DOS 
DM1 6 months 18 months $500-$5,000 $1,000 
DM2 0 months 12 months $50- $750 $300 

What is it a WOBBLER? 

  1. Filed as felony drug charges (arrested, booked, and filed) 
  2. Becomes a misdemeanor upon: 
    1. Successful completion of: 
      1. Probation 
      2. Community Corrections 
    2. Successful completion requires 
      1. Determination by the court of successful completion 
      2. Must include successful completion of treatment as determined to be appropriate to address treatment needs 

         
Felony Drug Charges for Distribution
Felony Drug Charges for Distribution
Wobbler Eligible Crimes Wobbler Ineligible Crimes 
Possession of 4 grams or less of Schedule I and II or Crime of violence or probation ineligible 
Possession of 2 grams of Meth, Heroin, Ketamine or Cathinones, or 4 milligrams or less of Flunitrazapam Defendant has prior conviction 
Distribution – Sharing (see below for definition of sharing) Offense required to be sentenced pursuant to conviction statute 
Possession of Marijuana 12 oz. or more; 3 oz. or more of concentrate   Out of state conviction which would be a conviction or required to be sentenced as such 
Script Fraud Defendant not probation eligible  
 Defendant has two or more prior drug convictions that are felonies 
 Drug conviction defined as; Out of state drug conviction Prior diversion or drug felonies Prior deferred prosecution of drug felonies Prior DJ&S or drug felonies Prior felony reduced to a misdemeanor as a wobbler Prior misdemeanor drug conviction which began as a felony as originally charged  

Consider is a Deferred Judgment with Felony Drug Charges

Another thing we always consider is a Deferred Judgment and Sentence on your Felony Drug Charges Allegation. Our job is to plan for the exit strategy for you and your family, including how to keep your record clean. It is a more holistic approach but can make a substantial difference in the long run.

What is a Deferred Judgment?

The way a deferred judgment works is that you sign the paperwork that you want to enter a plea of guilty. You appear in front of the Judge and enter a plea of guilty; the Judge accepts your plea of guilty but does NOT enter the conviction on the record. You do not have a conviction even though you entered a plea of guilty. Instead, the Judge continues (or defers) entering the judgment on the record. The Judge defers entering the judgment (or conviction) on the record for a period of time upon the condition you have no further violations of the law, and you complete whatever reasonable terms the Judge and probation impose. At the end of the period of time, the Court will review the file and if you have completed the reasonable terms and have no further violations of the law (great than a 6 point traffic violation) they will dismiss the case and shred your plea of guilty.

Felony Drug Charges for Distribution
Felony Drug Charges and Distribution

Who is Eligible for a Deferred Judgment?

A deferred judgment is usually negotiated between the district attorney and the defendant’s lawyer. It is imperative to have legal counsel representing you if you’re facing Felony Drug Charges. First-time minor offenses are most likely to be deferred. These may include things like:

  • Drug possession for personal use
  • Traffic violations
  • Public intoxication

It becomes harder to get a deferred judgment if you have prior criminal offenses on your record, if you’ve been arrested for a DUI, or if you’re facing a serious felony conviction.

What Will Be Required of You During Your Deferred Judgment?

This is up to the judge and delivered on a case-to-case basis, but some penalties on Felony Drug Charges might include:

  • Random drug testing
  • Anger management classes
  • Drug or alcohol education classes
  • Counseling
  • Prohibited contact from certain individuals
  • Limited travel privileges
  • Job or school attendance
  • Community service
  • Letters of apology
  • Restitution to victims
  • No additional law violations


« Previous Post
Next Post »

Categories

  • Controlled Substances
  • Criminal Law
  • Deregister as a Criminal Offender
  • DMV
  • Domestic Violence
  • Drug Crimes
  • DUI Law
  • DUI Marijuana
  • Everyday Law
  • Petition to Seal your Criminal Record
  • Probation
  • Restraining Order
  • Sealing a Criminal Record
  • Sexual Offenses
  • Strangulation
  • Testimony
  • Uncategorized
  • CONTACT US FOR A
    FREE CONSULTATION

  • This field is for validation purposes and should be left unchanged.

Criminal Defense Practice Areas:

  • DUI/Traffic Charges
  • Sex Offenses
  • Internet Crimes
  • Domestic Violence
  • Assault/Criminal Mischief
  • Drug Cases
  • Child Abuse
  • Theft
  • Appeals
  • Probation Violations

footer_logo

6465 Greenwood Plaza Blvd, Suite 180, Greenwood Village, CO 80111-5023

p: 303-377-0100
f: 303-534-0400
e: colin@bresee.com

  • DUI/Traffic Charges
  • Sex Offenses
  • Internet Crimes
  • Domestic Violence
  • Assault/Criminal Mischief
  • Drug Cases
  • Child Abuse
  • Theft
  • Appeals
  • Probation Violations
  • HOME
  • ABOUT
  • PAYMENT PLANS
  • FREE CONSULTATION
  • CRIMINAL DEFENSE
  • BLOG
  • CONTACT US
  • PRIVACY POLICY
  • SITE MAP
Send this to a friend