“Class 2 Misdemeanors” in Colorado – Law & Penalties

In Colorado, a Class 2 misdemeanor is a category of misdemeanor offense that is punishable by up to 120 days in jail and/or a fine of up to $750. However, if the crime occurred prior to March 1, 2022, class 2 misdemeanors carry 3 to 12 months in county jail and/or $250 to $1,000 in fines.

Judges can grant probation instead of jail time for class 2 misdemeanors. Convictions can usually be sealed from your criminal record two years after the case ends.

In this article, our Colorado criminal defense attorneys discuss:

• 1. What are class 2 misdemeanors?
• 2. What is the sentence for class 2 misdemeanors in Colorado?
• 3. What are examples?
• 4. When are class 2 misdemeanors sealable?
• 5. Are there deportation consequences?
• 6. Can I have a jury trial?
• 7. What is the criminal statute of limitations for class 2 misdemeanors?
• 8. Will my gun rights be affected?

1. What are class 2 misdemeanors?

Class 2 misdemeanors are the lower tier of Colorado misdemeanors in the state justice system. This type of misdemeanor is one degree less serious than class 1 misdemeanor offenses. (Class 3 misdemeanors are no longer being prosecuted in connection to crimes committed on or after March 1, 2022.)¹

Read our related article on misdemeanor traffic offenses. Note that every class of misdemeanor – including unclassified misdemeanors and drug misdemeanors – is more serious than petty offenses and infractions.

The maximum jail sentence for class 2 misdemeanors is 120 days (for crimes committed on or after March 1, 2022).

2. What is the sentence for class 2 misdemeanors in Colorado?

Class 2 misdemeanors in Colorado carry penalties of up to 120 days in jail and/or a fine of up to $750. Prior to March 1, 2022, the penalties were three to 12 months in jail and/or $250 to $1,000 in fines. Judges may grant probation rather than jail time.²

1. Criminal attempt (CRS 18-2-101) to commit a class 1 misdemeanor
2. False imprisonment (CRS 18-3-303), without force or threats, and detainment lasts less than 24 hours
3. Second-degree arson (CRS 18-4-103), causing damage of $300 to less than $1,000
4. Theft of property (CRS 18-4-401), with a value of at least $300 but less than $1,000
5. Criminal mischief (CRS 18-4-501), causing damage of at least $300 but less than $1,000
6. Criminal tampering
7. Obtaining signatures by deception (CRS 18-5-112)
8. Keeping a place of prostitution (CRS 18-7-204)
9. Criminal invasion of privacy (CRS 18-7-801)
10. Resisting arrest by law enforcement, a peace officer, or a police officer (CRS 18-8-103)

See the state government’s former official list of class 2 misdemeanor charges.

There are no extraordinary risk class 2 misdemeanors.

4. When are class 2 misdemeanors sealable?

Class 2 misdemeanor convictions in Colorado must remain on your criminal record for two years before you can petition the court for a record seal. But if the charge gets dismissed, then there is no wait before you can pursue a seal.

Note that convictions for traffic misdemeanor crimes, sex crimes, DUIs, and domestic violence can never be sealed.³

Learn how to get criminal records sealed in Colorado.

The maximum fine for class 2 misdemeanors is $750 (for crimes committed on or after March 1, 2022).

5. Are there deportation consequences?

It is unlikely for Colorado class 2 misdemeanor convictions to result in deportation unless the crimes qualify as crimes involving moral turpitude. Learn more about the criminal defense of immigrants in Colorado.⁴

6. Can I have a jury trial?

Defendants charged with class 2 misdemeanors in Colorado are legally entitled to a jury trial of six jurors. Alternatively, defendants can choose to have a bench trial instead.⁵

7. What is the criminal statute of limitations for class 2 misdemeanors?

The criminal statute of limitations in Colorado for class 2 misdemeanors is 18 months after the offense occurred. But if it was a theft crime, the 18-month clock starts running only after the theft is discovered.

Note that the criminal statute of limitations for traffic misdemeanors is one year after the crime happened.⁶

8. Will my gun rights be affected?

People convicted of class 2 misdemeanors in Colorado can keep their guns unless the offense involved domestic violence.

Learn how to get firearm rights restored through a Governor’s Pardon.⁷

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Legal References

1. 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.
2. Same.
3. CRS 24-72-701 – 708.
4. 8 USC 1227.
5. CRS 18-1-406.
6. CRS 16-5-401.
7. CRS 18-12-108; Colorado Constitution, Article IV, § 7.