In Colorado criminal law, misdemeanors are a class of crimes that are less serious than felonies but more serious than petty offenses.
- Class 1 misdemeanors are punishable by up to 364 days in jail and/or a fine of up to $1,000.
- Class 2 misdemeanors in Colorado are punishable by up to 120 days in jail and/or a fine of up to $750.
In this article, our Colorado criminal defense attorneys will discuss:
- 1. What are misdemeanors?
- 2. What is the sentence for misdemeanors in Colorado?
- 3. What are examples?
- 4. When can misdemeanors be sealed?
- 5. Are there deportation consequences?
- 6. Are there misdemeanor jury trials?
- 7. What is the statute of limitations?
- 8. Do I have to give up my gun?
1. What are misdemeanors?
Misdemeanor offenses are the middle tier of Colorado crimes below felonies but above petty offenses. They are divided into two classes. Class 1 is the most serious, class 2 is the least serious. (Prior to March 1, 2022, there was a third, more minor class of misdemeanors called class 3 misdemeanors.)1
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There are also some unclassified misdemeanors, such as DUI.
Colorado misdemeanor penalties typically include fines and/or county jail time.
2. What is the sentence for misdemeanors in Colorado?
Misdemeanor penalties in Colorado depend on the class:
| Class of misdemeanor | Punishment in Colorado |
| Class 1 | On or after March 1, 2022:
For extraordinary risk class 1 misdemeanors, the maximum jail sentence is 18 months. For 3rd-degree assault (CRS 18-3-204), the maximum sentence can be 36 months if the victim was on duty as a:
Before March 1, 2022:
For extraordinary risk class 1 misdemeanors, the maximum jail sentence is 24 months. For 3rd-degree assault (CRS 18-3-204), the maximum sentence can be 48 months if the victim was on duty as a:
|
| Class 2 | On or after March 1, 2022:
Before March 1, 2022:
|
| Class 3 (which are no longer prosecuted as of March 1, 2022) |
|
The judge can grant probation in lieu of jail.
3. What are examples?
Three common class 1 misdemeanors in Colorado include:
- Theft of property (CRS 18-4-401), from $1,000 to less than $2,000
- Criminal mischief (CRS 18-4-501), from $1,000 to less than $2,000
- Indecent exposure (CRS 18-7-302)
Three common class 2 misdemeanors in Colorado include:
- Criminal attempt (CRS 18-2-101) to commit a class 1 misdemeanor
- Theft of property (CRS 18-4-401), with a value of at least $300 but less than $1,000
- Criminal tampering
4. When can misdemeanors be sealed?
Misdemeanor convictions in Colorado can be sealed two years after the case closes. But if the charge gets dismissed, then the case can be sealed right away.
Note that convictions for
- traffic misdemeanor crimes,
- sex offender crimes,
- DUIs, and
- domestic violence can never be sealed under the Colorado criminal justice system.3
Learn how to get criminal records sealed in Colorado.
The statute of limitations for misdemeanors in Colorado is 18 months.
5. Are there deportation consequences?
Misdemeanors that qualify as crimes involving moral turpitude or that involve drugs or firearms are likely deportable. Therefore, aliens facing misdemeanor charges should hire an experienced lawyer to try to fight the charges to avoid a criminal conviction. Learn more about the criminal defense of immigrants in Colorado.4
6. Are there misdemeanor jury trials?
Yes. People charged with a Colorado misdemeanor can have a jury trial of six jurors. Alternatively, defendants can opt for a bench trial instead.5
7. What is the statute of limitations?
Colorado’s criminal statute of limitations for misdemeanors is 18 months after the crime allegedly occurred. (For theft crimes, the 18-month clock starts running after the theft is discovered.) Once the statute of limitations has passed, the district attorney cannot press charges.
Note that the criminal statute of limitations for traffic misdemeanors is only one year after the crime allegedly occurred.6
8. Do I have to give up my gun?
Colorado defendants lose their gun rights following convictions of either:
- extraordinary risk class 1 misdemeanors; or
- misdemeanors related to domestic violence.
Otherwise, misdemeanor convictions do not threaten gun rights.
Learn how to get firearm rights restored through a Governor’s Pardon.7
Legal References
- SB21-271; CRS 18-1.3-501; see also People v. Dunaway, (2004) 88 P.3d 619; see also People ex rel. T.B., (2019) CO 53, 445 P.3d 1049.
- Same.
- CRS 24-72-701 – 708.
- 8 USC 1227.
- CRS 18-1-406.
- CRS 16-5-401.
- CRS 18-12-108; Colorado Constitution, Article IV, § 7; 18 U.S.C. § 922(g).