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Class 2 Misdemeanors in Colorado (CRS 18-1.3-501)

Updated

Class 2 Misdemeanor Crimes in Colorado: Four Things to Know [2022 UPDATES IN DESCRIPTION]

Class 2 misdemeanors in Colorado are punishable by up to 120 days in jail and/or a fine of up to $750. Though if the crime allegedly 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. And convictions can usually be sealed from the defendant’s criminal record two years after the case ends.

In this article, our Colorado criminal defense attorneys discuss:

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.

Man in jail behind bars

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

3. What are examples?

Ten common class 2 misdemeanors in Colorado include:

  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 the defendant’s criminal record for two years before he/she can petition the court for a record seal. But if the charge gets dismissed, then there is no wait before the defendant 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.

Gavel and some dollars banknotes.

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

Our experienced Colorado criminal defense lawyers want to provide legal help to you and fight for the best possible outcome. Our Colorado law firm fights to get criminal charges reduced or dismissed while avoiding a jail sentence. Contact our law offices for a criminal case evaluation. We help clients throughout the state of Colorado, including Denver, Colorado Springs, Boulder, Golden, and more.

Return to our Colorado misdemeanor main page. Also see our article on Colorado felony crimes.

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.

 

Colorado Misdemeanor Blog Posts:

What’s the difference between “reckless driving” and “careless driving” in Colorado?

The Colorado crime of reckless driving (42-4-1401 C.R.S.) is typically more dangerous than the Colorado crime of careless driving (42-4-1402). But they are both Colorado class 2 traffic misdemeanors that carry identical criminal penalties for a first-time offense: a fine of $150 to $300, and/or 10 days to 90 days in county jail People can ...

Can I be extradited back to Colorado for a misdemeanor?

Yes. Although in practice, Colorado police rarely take the time and expense to extradite fugitives to Colorado who are facing only Colorado misdemeanor charges. 1. What is the definition of extradition to Colorado? Extradition is how a state government physically brings back a fugitive to that state to face charges for crimes the fugitive allegedly ...

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