We are available 24/7 to: Provide you with essential answers, advice and recommendations regarding your rights, options and . The information on this Criminal Defense Attorneys & Lawyers / Law Firm website is for general information purposes only. What is a Habitual Domestic Violence Offender in Colorado? Even if you never intended to actually harm another person, intentionally placing them in fear of injury may be considered menacing. If a defendant fails to timely file a receipt or written statement as described in this paragraph (i): (A) The failure constitutes a class 2 misdemeanor, and the defendant shall be punished as provided in section 18-1.3-501; and. The prosecution shall present evidence to the trier of fact that the prior conviction included an act of domestic violence. The consequences you face will depend on the crime that you have been convicted of committing. In Colorado, domestic violenceassault is not a separate criminal offense. Domestic Violence Program. In this article, our Denver Colorado criminal defense lawyers will address: Under Colorado law, a habitual offender is a person charged with a serious felony who has been convicted of two prior felonies. Failing to render aid after a collision that resulted in the personal injury or death of another motorist. Visit our page on Colorado DUI Laws to learn more. 1. The person ordered to undergo such evaluation shall be required to pay the cost of the treatment evaluation. The trier of fact shall determine whether an offense charged includes an act of domestic violence. That can result in a Class 5 felony, which is punishable by up to three years in state jail and as much as $100,000 in fines. . Possible defenses may include: If the assault occurred during what might be considered a heat of passion moment, the charges may be reduced to a lower class of felony. This is also known as the Three Strikes law. In Colorado, domestic violence can also include parents and children. Domestic violence made up 20% of all violent crime in 2018. Instead, in Colorado, a crime charged with the domestic violence aggravator (the definition of "domestic violence" comes from C.R.S. The defendant may then be arraigned upon the new information and if the defendant denies the previous conviction, the trial judge shall try the issue prior to the imposition of sentence.7. How do prosecutors show evidence of former convictions? Assault is a criminal offense in the first, second or third degree, with assault in the first degree being the most serious charge. This is also known as the Three Strikes law. These crimes are usually treated less seriously than felonies. (c) Nothing in this subsection (1) shall preclude the court from ordering domestic violence treatment in any appropriate case. Victim was defendant's wife . This site is protected by reCAPTCHA and the Google, There is a newer version of the Colorado Revised Statutes, Article 6 - Offenses Involving the Family Relations. In situations where two people assaulted each other, they both may face an arrest and charges for domestic violence. To understand the punishments of the Colorado Domestic Violence laws you need to closely analyze the law itself. 18-3-202 through C.R.S. The prosecution may call for the offender to be labeled a habitual violence offender. Penalties for a Habitual Domestic Offender in Colorado In many cases, domestic violence offenses are classified as misdemeanors. . 921 (a) (33), or that is punishable by a term of imprisonment exceeding one year and includes an act of domestic violence, as defined in section 18-6-800.3 (1), the court: (A) Refrain from possessing or purchasing any firearm or ammunition for the duration of the order; and, (B) Relinquish any firearm or ammunition in the defendant's immediate possession or control or subject to the defendant's immediate possession or control; and. A law enforcement agency that elects to cease storing a firearm or ammunition for a defendant shall notify the defendant of such decision and request that the defendant immediately make arrangements for the transfer of the possession of the firearm or ammunition to the defendant or, if the defendant is prohibited from possessing a firearm, to another person who is legally permitted to possess a firearm. the order commits domestic violence in the first degree. 18-1.3-801, offenses that qualify for the three strikes law include, This includes crimes prosecuted in Colorado, other states, or federal offenses.5. Colorado Habitual Domestic Violence Offender Law. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. As a misdemeanor, menacing can result in up to 364 days in jail and a fine of up to $1,000. (1) (a) In addition to any sentence that is imposed upon a person for violation of any criminal law under this title, any person who is convicted of any crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3 (1), or any crime against property, whether or not such crime is a felony, when such crime is used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship shall be ordered to complete a treatment program and a treatment evaluation that conform with the standards adopted by the domestic violence offender management board as required by section 16-11.8-103 (4), C.R.S. Our Denver domestic violence attorneys can also assist with bail and release issues at any Colorado jail, including the Washington County Jail and theDouglas County Jail. Assault involves intentional, knowing, or reckless bodily injury to another person. Habitual domestic violence offenses include: Aggravated kidnapping Coercion False imprisonment Defrauding a financial institution Forgery (II) If a law enforcement agency elects to cease storing a firearm or ammunition for a defendant and notifies the defendant as described in subparagraph (I) of this paragraph (g), the law enforcement agency may dispose of the firearm or ammunition if the defendant fails to make arrangements for the transfer of the firearm or ammunition and complete said transfer within ninety days of receiving such notification. Domestic violence is criminal assault with enhanced penalties. Restrictions on owning or possessing a firearm, Habitual domestic violence offender status. sec. On top of that, you will be labeled a habitual domestic violence offender, after three criminal convictions. United States Attorney Joe Kelly announced that Clayton Bertucci, age 32, of Macy, Nebraska, was sentenced today to 60 months in prison by United States District Court Judge Brian C. Buescher for Domestic Assault by a Habitual Offender. (i) (I) Not more than three business days after the relinquishment, the defendant shall file a copy of the receipt issued pursuant to paragraph (d), (e), or (h) of this subsection (8), and, if applicable, the written statement of the results of a background check performed on the transferee, as described in subparagraph (II) of paragraph (h) of this subsection (8), with the court as proof of the relinquishment. Qualifications Of H. Michael Steinberg Attorney Profile, What A Colorado Criminal Defense Attorney Does Part I Pre-Trial, What A Colorado Criminal Defense Attorney Does Part II Trial and Post Trial, The Role and Responsibility of a Colorado Criminal Defense Attorney, Colorado Criminal Law Guide Taking A Plea Or Going To Trial The Decision To Plea Bargain Or Not To Plea Bargain, A Walk Through The Colorado Criminal Justice System Part I Pre-Trial, A Walk Through The Colorado Criminal Justice System Part II Trial and Post Trial, Stages of A Criminal Trial and Constitutional Principles Of Law Summary. Sign up for our free summaries and get the latest delivered directly to you. The system is complex, and you will need to have a very knowledgeable and effective defense attorney if you are to avoid what could amount to lifetime incarceration, depending on . Being convicted of a crime for a fourth time with a domestic violence enhancement will result in the label of "habitual domestic violence offender". Dale L . This includes contact with a persons immediate family, significant other, or a person who has or had a continuing relationship. Colorado's Habitual Domestic Violence Offender Law Charges of Domestic Violence If You Are Accused, Speak to an Attorney Right Away Consequences Increase for Habitual Offenders Domestic violence is a heavily prosecuted criminal offense in the State of Colorado that can lead to serious consequences for the accused party. An individual suspected of domestic violence assault may be charged with the crime of assault, with added charges if it involves domestic violence. Assault in Coloradoinvolves intentional, knowing, or reckless bodily injury to another person. The prosecution has the burden of proof beyond a reasonable doubt. Keep in mind; you can also be prosecuted under a domestic violence statute, the parties involved must have been in an "intimate relationship," meaning current or former spouses, current or former unmarried couples, or parents of the same child. The Issue Of Speedy Trial Rights In Colorado, Colorado Criminal Law Involuntary Blood Draws In Colorado Vehicular Assault 18-3-205 Vehicular Homicide Cases 18-3-106. The trier of fact shall determine whether an offense charged includes an act of domestic violence. (f) If a local law enforcement agency elects to store firearms or ammunition for a defendant pursuant to this subsection (8), the law enforcement agency shall not return the firearm or ammunition to the defendant unless the agency: (g) (I) A law enforcement agency that elects to store a firearm or ammunition for a defendant pursuant to this subsection (8) may elect to cease storing the firearm or ammunition. (II) From the licensed gun dealer who requests from the bureau a background check of the transferee, as described in section 18-12-112, a written statement of the results of the background check. (2) Subsection (1) of this section shall not apply to persons sentenced to the department of corrections. Level 1 felonies are the most serious category of Colorado drug felonies. Call for Public Comment. It is normal to be frightened and overwhelmed following an arrest. If you have questions about Colorado Habitual Domestic Violence Offender Law in the Denver metropolitan area and throughout Colorado, attorney H. Michael Steinberg will be pleased to answer those questions and to provides quality legal representation to those charged in Colorado adult and juvenile criminal matters. appeals interprets the language of the habitual domestic violence offender (HDVO) statute, 18-6-801(7), C.R.S. (4) No person accused or convicted of a crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3 (1), shall be eligible for home detention in the home of the victim pursuant to section 18-1.3-105 or 18-1.3-106. Attach File [PDF, WPD, DOC, DOCX] (optional) (5) Before granting probation, the court shall consider the safety of the victim and the victims children if probation is granted. Colorado Domestic Violence is a serious charge. In the Denver metropolitan area and throughout Colorado, attorney H. Michael Steinberg provides quality legal representation to those charged in Colorado adult and juvenile criminal matters.as reagrds Colorado Habitual Domestic Violence Offender Law. Nothing on this or associated pages, documents, comments,
The degree of assault may depend on the seriousness of the injury, use of a deadly weapon, and whether the victim was a police officer, firefighter, or other official engaged in the course of their duties. A habitual criminal offender, also known as a repeat offender, refers to a person who has been previously convicted of one or more crimes in the past and is currently facing new charges. CRS Section 18-6-801(7) permits the enhancement of certain sentences involving domestic violence under the following limited circumstances: In the event a person is convicted of any offense which would otherwise be a misdemeanor, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence as defined in section 18-6-800.3(1). Colorado Criminal Law What Should I Expect Of My Colorado Criminal Defense Lawyer? (II) In any subsequent prosecution for a violation of this paragraph (i), the court shall take judicial notice of the defendant's failure to file a receipt or written statement, which will constitute prima facie evidence that the defendant has violated this paragraph (i), and testimony of the clerk of the court or his or her deputy is not required. (1) Domestic violence means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. 08M5089 & 09M1123 Honorable Dianna L. Roybal, Judge . In Colorado, domestic violence assault is not a separate criminal offense. The intimate relationship could be current or it could have occurred in the past. There are limited interventions and treatment options for these youth in Colorado. Let's see how we can help. Recent ratifications by the Domestic Violence Offender Management Board (DVOMB) are listed below. We do not handle any of the following cases: And we do not handle any cases outside of California. In short, an act of domestic violence includes any actual or threatened act against an intimate partner or household member. If the person is adjudged an habitual domestic violence offender, the court shall sentence the person pursuant to the presumptive range set forth in applicable Colorado statutes for a class 5 felony. Assault in the first degree is the most serious charge, resulting in a class 3 felony. If you or a loved one is facing felony domestic violence charges, call (719) 227-0007 or email us for a free, confidential consultation with a trusted Colorado Springs domestic violence lawyer at Anaya & Chadderdon, P.C. While Colorado's habitual offenders laws are controversial, they are a fact of life. (6) Nothing in this section shall preclude the ability of a municipality to enact concurrent ordinances. In the past 15 years, there have been only 155 convictions of domestic violence habitual offenders in Colorado. Even though Colorado has, in the past, lacked a specific statute addressing domestic violence strangulation, the DV Team has consistently . Individuals with three prior criminal convictions involving domestic violence will be labeled a habitual domestic violence offendera Colorado class 5 felony, which includes one to three years in prison and/or a fine of up to $100,000. The Material Witness Warrant. (c) Nothing in this subsection (1) shall preclude the court from ordering domestic violence treatment in any appropriate case. Additional domestic violence crimes include: Assault and battery; Disorderly conduct . (j) (I) A law enforcement agency that elects in good faith to not store a firearm or ammunition for a defendant pursuant to sub-subparagraph (B) of subparagraph (III) of paragraph (b) of this subsection (8) shall not be held criminally or civilly liable for such election not to act. Internet Sexual Exploitation of a Child (18-3-405.4), Felony Sexual Assault Crimes Sexual Assault on a Child (18-3-405), De-Registering As A Sex Offender In Colorado The Mechanics of CRS 16-22-113, Invasion Of Privacy For Sexual Gratification 18-3-405.6 (2) (a), Failure to register As A Sex Offender 18-3-412.5 (3), Colorado Domestic Violence Criminal Defense Issues, The Denver Colorado Crime of Harassment (18-9-111) Harassment Defense Lawyer Attorney, Colorado And False Allegations Of Domestic Violence The Impact On Child Custody Parenting Time Issues, A Close Look At The Colorado Crimes Of Assault First Degree -18-3-202, Second Degree 18-3-203, Third Degree -18-3-204, and Vehicular Assault 18-3-205, Colorado Common Domestic Violence Crimes False Imprisonment (18-3-303), The Wrong Person Is Arrested Understanding Victim Defendant Representation In Colorado Domesitic Violence Cases, Colorado Law: Understanding Colorado Domestic Violence Cases FAST TRACK and Other Laws That Impact Your DV Case, Colorado Domestic Violence Sentencing A Change In The Approach To Mandated Domestic Violence Treatment Requirements, Colorado Habitual Domestic Violence Offender Law CRS Section 18-6-801(7), Colorado Common Domestic Violence Crimes , Colorado Law: Understanding Colorado Domestic Violence Cases FAST TRACK and Other Laws That Impact Your Domestic Violence Case, Colorado Criminal Law of Stalking A Closer Look at Understanding Stalking Law C.R.S. Although the habitual domestic violence offender law provides a detailed procedure . As a result, the DV team has filed 13 Habitual Domestic Violence Offender cases, using the habitual offender statute and holding accountable repeat DV offenders regardless of the severity of the assault. First Regular Session | 74th General Assembly. Has been twice convicted previously for any of the above offenses. (3) A person charged with the commission of a crime, the underlying factual basis of which includes an act of domestic violence as defined in section 18-6-800.3 (1), shall not be entitled to plead guilty or plead nolo contendere to an offense which does not include the domestic violence designation required in section 16-21-103, C.R.S., unless the prosecuting attorney makes a good faith representation on the record that such attorney would not be able to establish a prima facie case that the person and the alleged victim were currently or formerly involved in an intimate relationship if the defendant were brought to trial on the original domestic violence offense and upon such a finding by the court. If someone commits a misdemeanor that classifies them as a habitual domestic violence offender, that misdemeanor will become a Class 5 felony. Colorado Criminal Defense Tactics Should I Choose A Judge Trial Or A Jury Trial? (d) A federally licensed firearms dealer who takes possession of a firearm or ammunition pursuant to this subsection (8) shall issue a receipt to the defendant at the time of relinquishment. Colorado's Domestic Violence Program (DVP) contracts about $3 million to community-based domestic violence advocacy programs (programs) that intervene, prevent and respond to domestic violence. sec. Habitual Domestic Violence Offenses When tempers rise, emotions erupt, and individuals respond impulsively, domestic disputes can arise. Colorado Legal Defense Group was a great resource for legal help. 2023 Denver Colorado Criminal Lawyer. The Stages of a Colorado Criminal Case Pre -Trial, Colorado Criminal Law The Rules of Discovery in Colorado Getting The Information You Need To Defend Your Clients, Understanding How Police Make Identifications- Misidentification and Photo Lineups. Public comments are considered confidential and any identifying information will be removed when presented to the Board. The former convictions and judgments shall be set forth in apt words in the indictment or information. 6 Things to Consider in Hiring A Colorado Criminal Defense Attorney. Concerning an habitual domestic violence offender. Colorado Criminal Lawyer Series Hes The One Lineups and Show Ups In Colorado, The Filing of Motions in Colorado Typical Colorado Pre-Trial Motions, The Stages Of A Colorado Criminal Case Trial, Colorado Felony Sentencing For Crimes Of Violence 18-1.3-406 CRS, A Denver Colorado Child Abuse Lawyer Explains The Law On The Limits On The Use Of Prior Bad Acts Other Crimes Bad Character Evidence At Trial, Colorado Criminal Law One Witness Cannot Testify That Another Witness Is Telling The Truth Bolstering, The Most Common Defenses Asserted At Trial, Understanding Arrest, Custody and Investigative Detentions General Principles, Prior Felony Convictions In Colorado Applications For Probation 18-1.3-201. The penalties for a class 2 felony include 8 to 24 years in prison and a fine of up to $1 million. Polygraphs in Colorado How to Prepare for a Typical Polygraph Test Examination, Common Defenses To Colorado Criminal Charges, Colorado Criminal Law Defenses The Defense of Mistakes of Law and Mistake of Fact, Understanding Defenses To Criminal Charges A Brief Introduction To Criminal Law Defenses, Threatening Criminal Prosecution To Gain An Advantage In Colorado Civil Litigation Cases, Legal Limitations On Governmental Power by A Colorado Criminal Defense Lawyer, Colorado Self Defense Law How To Avoid Being Charged Yourself Dealing With The Police Investigators, Understanding Colorado Affirmative Criminal Defenses General Defenses and Defenses to Specific Crimes. Colorado's Domestic Violence Program (DVP) contracts about $3 million to community-based domestic violence advocacy programs (programs) that intervene, prevent and respond to domestic violence. 303-830-0880. An individual suspected of domestic violence assault may be charged with the crime of assault, with added charges if it involves domestic violence. Anyone with three prior domestic violence convictions in this state is considered a habitual domestic violence offender, so a fourth domestic violence charge - without regard to the specifics of the crime itself - may be prosecuted as a Class 5 felony, which is punishable upon conviction by up to three years in a Colorado state prison . who has been convicted of two prior felonies. Bodily injury does not need to be serious to qualify as an assault. Stalking in Colorado is a felony offense under Vonnies Law. A first offense is a class 5 felony and a second or subsequent offense is a class 4 felony. . This is sometimes called Colorados three-strikes law. (III) The agency shall issue a receipt to each defendant at the time the defendant relinquishes possession of a firearm or ammunition. 921 (a) (33) (2022).) The prosecuting attorneys record and the courts findings shall specify the relationship in the alleged domestic violence case which the prosecuting attorney is not able to prove beyond a reasonable doubt and the reasons therefor. 15% of homicides in Colorado are between intimate partners. Denver Colorado Criminal Defense Lawyers Criminal Court Process Sentencing Hearings Habitual Offenders. Menacing may be charged as a class 1 misdemeanor; however, if a deadly weapon was involved, menacing could be charged as a class 5 felony. In Colorado, a conviction for a third serious felony offense may lead to harsher penalties as a habitual offender. In this article, our Denver Colorado criminal defense lawyers will address: CRS 18-6-801 penalties depend on the seriousness of the case. The charges and penalties under Colorado's domestic violence laws are detailed below. In Colorado, individuals who are convicted of multiple crimes within a certain period of time are considered repeat, or habitual, offenders. Let's review the MCDV requirements . Please note: Our firm only handles criminal and DUI cases, and only in California. Colorados domestic violence deaths spiked 44% in 2021, new report finds. As a result, these individuals may be . (2) Subsection (1) of this section shall not apply to persons sentenced to the department of corrections. (4) No person accused or convicted of a crime, the underlying factual basis of which has been found by the court on the record to include an act of domestic violence, as defined in section 18-6-800.3 (1), shall be eligible for home detention in the home of the victim pursuant to section 18-1.3-105 or 18-1.3-106 or for deferred prosecution pursuant to section 18-1.3-101. Individuals with three prior criminal convictions involving domestic violence will be labeled a habitual domestic violence offendera Colorado class 5 felony, which includes one to three years in prison and/or a fine of up to $100,000. We do not handle any of the following cases: And we do not handle any cases outside of California. The offense date of each impaired driving offense must be after the conviction date of the previous offense. Also learn about Colorados mandatory reporting laws in child abuse cases. 5. Domestic violence assault in Colorado involves causing bodily injury to a victim in an intimate relationship with the defendant. Being classified as a habitual domestic violence offender is a class 5 . The tag of a domestic violence conviction has many collateral impacts on your life gun rights, employment, immigration issues, child custody issues, rental rights are among them. the prosecuting attorney may petition the court to adjudge the person an habitual domestic violence offender, and such person shall be convicted of a class 5 felony. Call and tell us your situation. The plain language of the law allows the prosecution, upon a defendants conviction of a misdemeanor involving domestic violence, to petition the court to determine whether the defendant meets the criteria of a habitual domestic violence offender. (7) (a) Any misdemeanor offense that includes an act of domestic violence is a class 5 felony if the defendant at the time of sentencing has been previously convicted of three or more prior offenses that included an act of domestic violence and that were separately brought and tried and arising out of separate criminal episodes. Once charged with domestic violence, the penalties you face if convicted can be severe. For the purposes of this section, "conviction" includes any federal, state, or municipal conviction for a felony, misdemeanor, or municipal ordinance violation. You can explore additional available newsletters here. Helpand a Warningfor Domestic Violence Victims Menacing involves the threat of physical force that places another person in fear of imminent serious injury. This could include: Lack of intent to cause injury is a defense to domestic violence assault charges. Colorado Sentencing Hearings Colorado Criminal Tactics What Happens At A Sentencing Hearing? However, if the accused is found to be a habitual domestic violence offender, they can be convicted of a class 5 felony. "Domestic violence" also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been How Is It Charged? 18-4-505, Theft Of Rental Property 18-4-402 (3.5), 18-4-408 (3) (a), Aggravated motor vehicle theft 18-4-410 (3.5), Criminal Possession of a Financial Transaction Device 18-5-903 (2) (a), Criminal possession of an identification document 18-5-903.5 (2) (a), Computer crime. The Colorado Crime of Hit and Run With Injuries 42-4-1601 and Colorados False Reporting Law 18-8-111 A Dangerous Combination, Colorado Parental Responsibility For Juvenile Restitution, Colorado Juvenile Defense Case Investigations By Juvenile Criminal Defense Lawyer H. Michael Steinberg, Joy Riding In Colorado Is A Felony Aggravated Motor Vehicle Theft in the Second Degree 18-4-409, Juvenile Crimes Sentencing In Colorado Aggravated Violent Repeat Mandatory Sentencing Laws and Sealing a Colorado Juvenile Record, Colorado Juvenile Criminal Cases The Importance of the Probation Departments Intake, Colorado Juvenile Criminal Delinquency Defense Law and Issues How Is It Different, A Birds Eye View of The Colorado Juvenile Justice System, Colorados Minor In Possession Laws -18-13-122, Juveniles Charged as Adults Direct File Transfer Hearings Colorado Juvenile Criminal Defense Laws, Colorado State Sex Crimes Criminal Defense Issues, Indeterminate Sentence for Sex Offenders (18-1.3-1004), Indeterminate Sentence for Sex Offenders (18-1.3-1004) 2012 Revision, Sexual Assault On A Child By One In A Position Of Trust (18-3-405.3 (2)(b)) Pattern of Abuse (18-3-405.3 (2)(d)), The Defense Of Colorado Sex Crimes Cases Overview, Date Rape Part I of II Colorado Sexual Assault Cases, Date Rape Part II of II Drug Induced Or Alcohol Induced Colorado Sexual Assault Cases, Attacking The Investigation of Date Acquaintance Sexual Assault The Investigation Part I of II, Attacking The Investigation of Date Acquaintance Sexual Assault The Pretext Phone Call Part II of II, Colorado Sex Offender Evaluations The Parental Risk Assessment Child Contact Assessment. answers, emails, or other communications should be taken as legal advice for any individual case or situation. Videos. commitment to ighting domestic violence crimes and protecting domestic violence victims by naming additional federal domestic violence crimes to both VAWA and the Gun Control Act. The new offense will be punished as a Class 5 felony, and the offender will face up to four years in prison. Let's see how we can help. If you were involved in a domestic violence incident that resulted in bodily injury to another person, please contact us at Colorado Legal Defense Group. Will I Get Probation In My Colorado Criminal Case? A conviction for a crime of violence in Colorado will include enhanced prison sentencing. The Colorado Domestic Violence Laws also provide for enhanced sentencing if you are found to be an Habitual Domestic Violence offender under CRS 18-6-801(7). Habitual DWI Anyone who has been convicted of 3 impaired driving offenses within 10 years and is charged with a fourth offense. The most common of these charges is false imprisonment, assault, harassment, and interference with using a communication device. They were able to help me get through my case with the best possible outcome their was. This website requires javascript to run optimally on computers, mobile devices, and screen readers. (4), C.R.S. If you have a record of a felony offense above Class 6 and commit another offense, if convicted, you're facing many years in prison.
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