
Boulder Felony Lawyers — Felony Defense in Boulder County District Court
A felony charge in Boulder County is the most serious category of criminal allegation. A conviction means potential years in the Colorado Department of Corrections, permanent loss of firearm rights, loss of voting rights during incarceration, and a record that affects employment, housing, professional licensing, and community standing for the rest of your life. The Boulder County District Attorney’s office prosecutes felonies with experienced prosecutors and substantial resources. Burnham Law’s Boulder felony defense attorneys match that preparation — fighting for clients from the initial advisement through preliminary hearings, motions practice, and trial in Boulder County District Court.
Meet our Boulder criminal defense team below — attorneys experienced in felony defense throughout Boulder County District Court and the 20th Judicial District.




Felony Charges in Colorado
Colorado classifies felonies into six levels — F1 through F6 — based on offense severity. Class 6 felonies carry a presumptive sentence of 1 to 1.5 years in the Department of Corrections with 1 year of mandatory parole. Class 1 felonies carry life imprisonment or, in capital cases, the death penalty. Between those poles, each felony class has a presumptive sentencing range that can be exceeded when statutory aggravating factors are proven. All felony sentences in Colorado include a mandatory parole period following release from incarceration.
In Boulder County, the 20th Judicial District handles felony matters across the full range of offense types — from drug and property crimes to violent felonies, sexual assault, and complex financial crimes. Boulder’s demographics produce some felony categories that arise with specific frequency in this jurisdiction: felony assaults arising from altercations in Boulder’s bar and nightlife scene, drug felonies near CU’s campus, sexual assault allegations from the university community, and financial crimes involving Boulder’s professional population. Understanding the specific character of felony prosecution in this jurisdiction shapes defense strategy.
The procedural framework for felony cases is more elaborate than for misdemeanors. After advisement, Class 1 through 3 felonies are entitled to a preliminary hearing where the prosecution must establish probable cause. Discovery is extensive. Motions practice — particularly suppression motions — is critical. The timeline from arrest to resolution is longer, and the stakes at every decision point are correspondingly higher.
What Our Boulder Felony Defense Attorneys Handle
Violent felonies: Assault, robbery, kidnapping, and related charges carry Boulder County’s highest potential sentences. We investigate thoroughly, challenge witness credibility and identification, and build defenses around self-defense, insufficient evidence, and constitutional violations.
Sexual assault felonies: Sexual offense charges in Boulder — particularly those arising from the CU community — carry mandatory sex offender registration in addition to prison sentences. These cases require expert witnesses, thorough investigation, and aggressive challenge of every element of the charge. We defend these cases with the seriousness and rigor they demand.
Drug felonies: Distribution, trafficking, and possession with intent charges near CU’s campus are prosecuted as a priority by the Boulder County DA. We challenge search and seizure, the intent evidence, and the characterization of the conduct in every drug felony matter.
Financial and white collar felonies: Boulder’s professional community generates financial crime, fraud, and embezzlement cases that require sophisticated defense analysis of complex financial evidence. We handle white collar felony defense with the depth these cases require.
DUI felonies: A third DUI in Colorado is a Class 4 felony. We defend DUI felony cases in Boulder County with the same comprehensive approach we bring to all felony matters, including challenge of prior convictions used to elevate the charge.
Property felonies: Theft, burglary, arson, and related property crimes require careful analysis of identity and intent evidence. Many property felony cases turn on the sufficiency of the evidence connecting the specific defendant to the specific conduct.
How Felony Cases Work in Boulder County
A felony arrest in Boulder results in an initial advisement in Boulder County District Court, typically within 48 hours. At the advisement, bond is addressed and counsel confirmed. For Class 1 through 3 felonies, a preliminary hearing follows — the prosecution’s opportunity to establish probable cause and the defense’s first significant opportunity to confront witnesses and challenge the evidentiary basis for the charge.
After preliminary hearing, the case moves into discovery and motions practice. Suppression motions challenging the constitutional basis for stops, searches, and arrests can result in exclusion of critical prosecution evidence — often changing the entire trajectory of a felony case. The Boulder County DA’s office has experienced prosecutors who are capable of handling suppression challenges, but well-researched and well-argued suppression motions still carry real weight in Boulder County District Court.
The majority of felony cases in Boulder County resolve through plea negotiations, but the quality of the available plea offer is directly tied to how strong the defense is. The DA’s office factors the strength of the defense — the credibility of the suppression challenge, the weakness of the identification or intent evidence, the quality of the defense attorney — into every plea offer. We prepare every Boulder felony case for trial, which is what puts our clients in the best possible position in negotiations.
Why Burnham Law for Felony Defense in Boulder
20th Judicial District experience. We handle felony cases regularly in Boulder County District Court and know the prosecutors, the judges, and the tendencies of the 20th Judicial District. That specific knowledge directly affects the outcomes we achieve.
CU campus offense experience. Boulder’s university community generates a category of felony cases — sexual assault allegations, drug distribution, assault arising from campus events — that have specific factual and legal characteristics. We have experience with this category of felony matter and the specific defense approaches it requires.
Suppression motion capability. Many Boulder felony cases turn on whether key evidence can be suppressed. We file thorough, well-researched suppression motions in every case where constitutional issues exist.
Sentencing advocacy. When conviction is unavoidable, the quality of sentencing advocacy determines the consequence. We prepare comprehensive mitigation presentations — character evidence, expert testimony, individualized arguments — for every Boulder County felony sentencing.
Frequently Asked Questions — Boulder Felony Defense
What are Colorado’s felony classes and sentences?
Colorado felonies range from Class 6 (1–1.5 years DOC presumptive, 1 year parole) to Class 1 (life or death). Class 5: 1–3 years. Class 4: 2–6 years. Class 3: 4–12 years. Class 2: 8–24 years. These are presumptive ranges — aggravating factors can push sentences above the presumptive maximum. All felony sentences include mandatory parole following release. The specific applicable range for any charge depends on the offense classification and any aggravating provisions that apply.
What is a preliminary hearing and how is it used in Boulder County felony defense?
A preliminary hearing is a court proceeding at which the prosecution must establish probable cause to believe the defendant committed the charged felony. The defense can cross-examine prosecution witnesses, challenge the evidence presented, and argue that probable cause has not been established. If the court finds no probable cause, the charges are dismissed or reduced. Preliminary hearings are available as of right for Class 1 through 3 felonies in Colorado. They are among the most important defense tools available in Boulder County felony cases — an early opportunity to challenge the evidence and sometimes the vehicle for securing dismissal or significant charge reduction.
How does a felony charge at CU affect a student’s enrollment?
A felony charge — even before conviction — can trigger CU’s Office of Student Conduct process, which can result in interim suspension pending resolution of the criminal case. A felony conviction can result in expulsion. The university conduct process operates on its own standard of proof (preponderance of the evidence) and its own procedures, entirely independent of the criminal case. A criminal acquittal does not automatically resolve the university conduct matter. We address both the criminal defense and the university conduct implications simultaneously for CU student clients facing felony charges.
Can a felony conviction be appealed in Colorado?
Yes. A felony conviction can be appealed to the Colorado Court of Appeals on grounds including legal errors at trial, improperly admitted or excluded evidence, constitutional violations, and legally insufficient evidence. The appeal must be filed within 49 days of the final judgment. Appellate courts do not retry cases — they review for legal error. A successful appeal can result in reversal, remand for a new trial, or modification of the sentence. Post-conviction relief — including motions for new trial based on newly discovered evidence — is a separate but related avenue for challenging felony convictions after the direct appeal.
What happens to a felony case if a witness recants in Boulder County?
A witness recantation in a Boulder County felony case significantly affects the prosecution’s position but does not automatically result in dismissal. The DA’s office can proceed using other evidence — physical evidence, other witnesses, surveillance footage, and in some cases prior statements made by the recanting witness. The defense can use the recantation effectively at trial to challenge the reliability of prior statements. Whether a recantation leads to dismissal, reduced charges, or simply a stronger trial defense depends on the overall strength of the prosecution’s case without the cooperating witness.
Schedule a Consultation with a Boulder Felony Lawyer
A felony charge in Boulder County requires serious, experienced defense from the very first appearance. The early stages of a felony case — bond, preliminary hearing, suppression motions — shape everything that follows. Burnham Law’s Boulder felony defense attorneys are ready to fight for you from day one.
Call (303) 990-5308 or schedule a confidential consultation online. We defend felony charges throughout Boulder County and the 20th Judicial District.