Colorado criminal charge
Criminal attempt in Colorado
Current through 2026 Colorado legislative session
Criminal attempt is a criminal offense under Colorado law, defined by C.R.S. § 18-2-101. Its classification is not fixed: Colorado assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by C.R.S. § 18-2-101.
What is the penalty for criminal attempt in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 8 years to 24 years (Attempt to commit class 1 felony — Applies when the underlying completed offense attempted is a class 1 felony.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 5000 usd to 1000000 usd (Attempt to commit class 1 felony — Applies when the underlying completed offense attempted is a class 1 felony.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Attempt to commit class 1 felony — Applies when the underlying completed offense attempted is a class 1 felony.; mandatory parole (5 years if crime of violence)) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 4 years to 12 years (Attempt to commit class 2 felony — Applies when the underlying completed offense attempted is a class 2 felony.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 3000 usd to 750000 usd (Attempt to commit class 2 felony — Applies when the underlying completed offense attempted is a class 2 felony.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Attempt to commit class 2 felony — Applies when the underlying completed offense attempted is a class 2 felony.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 2 years to 6 years (Attempt to commit class 3 felony — Applies when the underlying completed offense attempted is a class 3 felony.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 2000 usd to 500000 usd (Attempt to commit class 3 felony — Applies when the underlying completed offense attempted is a class 3 felony.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 3 years to 3 years (Attempt to commit class 3 felony — Applies when the underlying completed offense attempted is a class 3 felony.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 1 years to 3 years (Attempt to commit class 4 felony — Applies when the underlying completed offense attempted is a class 4 felony.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Attempt to commit class 4 felony — Applies when the underlying completed offense attempted is a class 4 felony.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 2 years to 2 years (Attempt to commit class 4 felony — Applies when the underlying completed offense attempted is a class 4 felony.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 12 months to 18 months (Attempt to commit class 5 or 6 felony — Applies when the underlying completed offense attempted is a class 5 or class 6 felony.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Attempt to commit class 5 or 6 felony — Applies when the underlying completed offense attempted is a class 5 or class 6 felony.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 1 years to 1 years (Attempt to commit class 5 or 6 felony — Applies when the underlying completed offense attempted is a class 5 or class 6 felony.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | 12 months to 18 months (Attempt to commit non-title felony with no specified penalty — Applies when the felony attempted is defined outside this title and has no specific penalty provision.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Attempt to commit non-title felony with no specified penalty — Applies when the felony attempted is defined outside this title and has no specific penalty provision.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 1 years to 1 years (Attempt to commit non-title felony with no specified penalty — Applies when the felony attempted is defined outside this title and has no specific penalty provision.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
| Jail / prison | up to 120 days (no statutory minimum) (Attempt to commit class 1 or class 2 misdemeanor — Applies when the underlying completed offense attempted is a class 1 or class 2 misdemeanor.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 750 usd (no statutory minimum) (Attempt to commit class 1 or class 2 misdemeanor — Applies when the underlying completed offense attempted is a class 1 or class 2 misdemeanor.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | up to 10 days (no statutory minimum) (Attempt to commit petty offense — Applies when the underlying completed offense attempted is a petty offense, resulting in the same class of petty offense.) | discretionary | C.R.S. § 18-1.3-503 |
| Fine | up to 300 usd (no statutory minimum) (Attempt to commit petty offense — Applies when the underlying completed offense attempted is a petty offense, resulting in the same class of petty offense.) | discretionary | C.R.S. § 18-1.3-503 |
| Jail / prison | 4 years to 8 years (Attempt to commit level 1 drug felony — Applies when the underlying completed offense attempted is a level 1 drug felony, unless otherwise provided by law.; aggravated range 8-16 years) | presumptive | C.R.S. § 18-1.3-401.5 |
| Fine | 3000 usd to 750000 usd (Attempt to commit level 1 drug felony — Applies when the underlying completed offense attempted is a level 1 drug felony, unless otherwise provided by law.) | discretionary | C.R.S. § 18-1.3-401.5 |
| Parole / supervision | 2 years to 2 years (Attempt to commit level 1 drug felony — Applies when the underlying completed offense attempted is a level 1 drug felony, unless otherwise provided by law.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401.5 |
| Jail / prison | 2 years to 4 years (Attempt to commit level 2 drug felony — Applies when the underlying completed offense attempted is a level 2 drug felony, unless otherwise provided by law.; aggravated range 4-6 years) | presumptive | C.R.S. § 18-1.3-401.5 |
| Fine | 2000 usd to 500000 usd (Attempt to commit level 2 drug felony — Applies when the underlying completed offense attempted is a level 2 drug felony, unless otherwise provided by law.) | discretionary | C.R.S. § 18-1.3-401.5 |
| Parole / supervision | 1 years to 1 years (Attempt to commit level 2 drug felony — Applies when the underlying completed offense attempted is a level 2 drug felony, unless otherwise provided by law.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401.5 |
| Jail / prison | 6 months to 12 months (Attempt to commit level 3 drug felony — Applies when the underlying completed offense attempted is a level 3 drug felony, unless otherwise provided by law.; aggravated range 1-2 years) | presumptive | C.R.S. § 18-1.3-401.5 |
| Fine | 1000 usd to 100000 usd (Attempt to commit level 3 drug felony — Applies when the underlying completed offense attempted is a level 3 drug felony, unless otherwise provided by law.) | discretionary | C.R.S. § 18-1.3-401.5 |
| Parole / supervision | 1 years to 1 years (Attempt to commit level 3 drug felony — Applies when the underlying completed offense attempted is a level 3 drug felony, unless otherwise provided by law.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401.5 |
| Jail / prison | 6 months to 12 months (Attempt to commit level 4 drug felony — Applies when the underlying completed offense attempted is a level 4 drug felony, unless otherwise provided by law.; aggravated range 1-2 years) | presumptive | C.R.S. § 18-1.3-401.5 |
| Fine | 1000 usd to 100000 usd (Attempt to commit level 4 drug felony — Applies when the underlying completed offense attempted is a level 4 drug felony, unless otherwise provided by law.) | discretionary | C.R.S. § 18-1.3-401.5 |
| Parole / supervision | 1 years to 1 years (Attempt to commit level 4 drug felony — Applies when the underlying completed offense attempted is a level 4 drug felony, unless otherwise provided by law.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401.5 |
| Jail / prison | up to 364 days (no statutory minimum) (Attempt to commit level 1 drug misdemeanor — Applies when the underlying completed offense attempted is a level 1 drug misdemeanor, unless otherwise provided by law.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | 50 usd to 750 usd (Attempt to commit level 1 drug misdemeanor — Applies when the underlying completed offense attempted is a level 1 drug misdemeanor, unless otherwise provided by law.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | up to 364 days (no statutory minimum) (Attempt to commit level 2 drug misdemeanor — Applies when the underlying completed offense attempted is a level 2 drug misdemeanor, unless otherwise provided by law.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | 50 usd to 750 usd (Attempt to commit level 2 drug misdemeanor — Applies when the underlying completed offense attempted is a level 2 drug misdemeanor, unless otherwise provided by law.) | discretionary | C.R.S. § 18-1.3-501 |
Applies to offenses on/after 2018-07-01.
How is criminal attempt classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Attempt to commit class 1 felony | class 2 felony | Applies when the underlying completed offense attempted is a class 1 felony. | 18-2-101(4) |
| Attempt to commit class 2 felony | class 3 felony | Applies when the underlying completed offense attempted is a class 2 felony. | 18-2-101(4) |
| Attempt to commit class 3 felony | class 4 felony | Applies when the underlying completed offense attempted is a class 3 felony. | 18-2-101(4) |
| Attempt to commit class 4 felony | class 5 felony | Applies when the underlying completed offense attempted is a class 4 felony. | 18-2-101(4) |
| Attempt to commit class 5 or 6 felony | class 6 felony | Applies when the underlying completed offense attempted is a class 5 or class 6 felony. | 18-2-101(4) |
| Attempt to commit non-title felony with no specified penalty | class 6 felony | Applies when the felony attempted is defined outside this title and has no specific penalty provision. | 18-2-101(5) |
| Attempt to commit class 1 or class 2 misdemeanor | class 2 misdemeanor | Applies when the underlying completed offense attempted is a class 1 or class 2 misdemeanor. | 18-2-101(6) |
| Attempt to commit petty offense | petty offense | Applies when the underlying completed offense attempted is a petty offense, resulting in the same class of petty offense. | 18-2-101(8) |
| Attempt to commit level 1 drug felony | level 2 drug felony | Applies when the underlying completed offense attempted is a level 1 drug felony, unless otherwise provided by law. | 18-2-101(10)(a) |
| Attempt to commit level 2 drug felony | level 3 drug felony | Applies when the underlying completed offense attempted is a level 2 drug felony, unless otherwise provided by law. | 18-2-101(10)(a) |
| Attempt to commit level 3 drug felony | level 4 drug felony | Applies when the underlying completed offense attempted is a level 3 drug felony, unless otherwise provided by law. | 18-2-101(10)(a) |
| Attempt to commit level 4 drug felony | level 4 drug felony | Applies when the underlying completed offense attempted is a level 4 drug felony, unless otherwise provided by law. | 18-2-101(10)(a) |
| Attempt to commit level 1 drug misdemeanor | level 2 drug misdemeanor | Applies when the underlying completed offense attempted is a level 1 drug misdemeanor, unless otherwise provided by law. | 18-2-101(10)(b) |
| Attempt to commit level 2 drug misdemeanor | level 2 drug misdemeanor | Applies when the underlying completed offense attempted is a level 2 drug misdemeanor, unless otherwise provided by law. | 18-2-101(10)(b) |
Common questions about criminal attempt in Colorado
Is criminal attempt a felony or a misdemeanor in Colorado?
It depends on the circumstances: criminal attempt ranges from a petty offense to a class 2 felony in Colorado under C.R.S. § 18-2-101.
Attempt to commit class 1 felony: class 2 felony (C.R.S. § 18-2-101(4)) · Attempt to commit class 2 felony: class 3 felony (C.R.S. § 18-2-101(4)) · Attempt to commit class 3 felony: class 4 felony (C.R.S. § 18-2-101(4)) · Attempt to commit class 4 felony: class 5 felony (C.R.S. § 18-2-101(4)) · Attempt to commit class 5 or 6 felony: class 6 felony (C.R.S. § 18-2-101(4)) · Attempt to commit non-title felony with no specified penalty: class 6 felony (C.R.S. § 18-2-101(5)) · Attempt to commit class 1 or class 2 misdemeanor: class 2 misdemeanor (C.R.S. § 18-2-101(6)) · Attempt to commit petty offense: petty offense (C.R.S. § 18-2-101(8)) · Attempt to commit level 1 drug felony: level 2 drug felony (C.R.S. § 18-2-101(10)(a)) · Attempt to commit level 2 drug felony: level 3 drug felony (C.R.S. § 18-2-101(10)(a)) · Attempt to commit level 3 drug felony: level 4 drug felony (C.R.S. § 18-2-101(10)(a)) · Attempt to commit level 4 drug felony: level 4 drug felony (C.R.S. § 18-2-101(10)(a)) · Attempt to commit level 1 drug misdemeanor: level 2 drug misdemeanor (C.R.S. § 18-2-101(10)(b)) · Attempt to commit level 2 drug misdemeanor: level 2 drug misdemeanor (C.R.S. § 18-2-101(10)(b))
What are the penalties for criminal attempt in Colorado?
Penalties for criminal attempt in Colorado depend on how it is classified — from a petty offense up to a class 2 felony — with the ranges set by C.R.S. § 18-1.3-401, C.R.S. § 18-1.3-501, C.R.S. § 18-1.3-503 and C.R.S. § 18-1.3-401.5; the full table of ranges by variant is published on this page.
Which Colorado statute covers criminal attempt?
Criminal attempt is governed by C.R.S. § 18-2-101 (Criminal attempt).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.