Guide to Drug Felony Charges in Colorado (DF1-DF4)

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You are not just a case number. Maybe you felt your heart sink when you saw a felony drug charge on a court document, or perhaps your world shifted in an instant with a knock at your door.

Right now, you might be angry, scared, or completely confused by what the numbers on your paperwork actually mean. If your mind is spinning with questions about your future, know this: you are not the only one. Many people who contact us at Merson Law Office, LLC have never stepped inside a courtroom before.

You need answers and a genuine ally. That’s where our experienced Colorado defense lawyer comes in to help you find a way forward so that you can regain some control.

Learn how we can assist you by calling (970) 219-2923 or contacting us online today. Our firm offers free consultations.

How Does Colorado Categorize Drug Felony Charges?

Drug felony charges in Colorado cover a range of crimes, each falling under a specific level known as drug felony classes (DF 1-4). These four classes influence everything about your case, including potential prison time, eligibility for non-prison alternatives, and your options for a second chance include the following.

DF1: Reserved for the Most Serious Offenses

DF1 relates to large-scale drug manufacturing or distribution, typically involving Schedule I or II substances. This DF includes major trafficking or manufacturing with the intent to sell. If the police allege you operated a large-scale operation, you could face a mandatory prison sentence of eight to thirty-two years, fines up to $1 million, and years of parole after release. Probation is rarely an option. Courts assign this classification to cases with significant aggravating factors, such as large quantities or exceptional circumstances.

DF2: High-Level Distribution and Repeat Conduct

DF2 applies when a person moves large amounts of drugs or makes repeated sales, but the activity is less extensive than DF1. A conviction could lead to a prison sentence of four to eight years and fines of up to $750,000. Some DF2cases involve specific aggravating factors, such as selling near a school, which increase the severity of the sentence under Colorado’s sentencing laws.

DF3: Mid-Level or Intent-Based Crimes

DF3 usually indicates smaller amounts or situations where police claim you still intended to sell. You might face charges of DF3 if they say you possessed drugs with the intent to distribute, but on a modest scale. Prison sentences typically range from two to four years, though probation or community-based sentences may be possible, especially for those without a serious criminal record.

DF4: The Lowest Felony Level, But Still Serious

DF4 primarily addresses lower-level offenses, including possession of small quantities with intent or minor sales. These are cases where judges and prosecutors may see addiction or personal use rather than major criminal activity. Sentences can range from six months to a year in prison, with fines up to $100,000. Colorado courts often view DF4 cases as suitable for diversion or treatment, especially when it’s the first serious charge.

Understanding which class applies to your case is crucial. The options available and your chances for alternatives to prison depend on the specific drug felony level the court assigns to your charge.

How Can You Defend Drug Felony Charges in Colorado?

There are multiple ways an attorney can defend a drug felony charge, including:

  • Police might have violated your rights during a poor search,
  • The drugs could have belonged to someone else, or 
  • The case may depend too much on informants. 

Sometimes, the best approach is to fight for a reduction, dismissal, or a fresh start. Working with a defense attorney who understands these nuances can significantly influence the outcome.

What Sets Merson Law Office Apart?

When your future feels uncertain, you need someone who has faced similar challenges and knows how to find solutions, even in the most difficult cases. At Merson Law Office, James Merson brings over 20 years of experience handling thousands of criminal cases across the state, teaching other attorneys the art of trial advocacy, and guiding clients through nearly every imaginable scenario in Colorado courts, including the Colorado Court of Appeals and the Colorado Supreme Court.

Our approach combines creativity and persistence, earning James Attorney of the Year in 2010 from the Colorado State Public Defender. When we step into court on your behalf, we come prepared with strong legal arguments, a solid plan, and proven strategies to help you move forward.

Find Your Next Step with Us

Facing drug felony charges in Colorado can feel like losing control. Reach out online or call (970) 219-2923 today for a free consultation. Let our experience give you room to breathe and a plan you can trust.

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James Merson

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