As of March 1, 2022, class 3 misdemeanors are no longer an active category of crime in Colorado.
Prior to March 1, 2022, class 3 misdemeanors were a category of crimes punishable by up to 6 months of county jail and/or $50 to $750 in fines. The court could grant probation in lieu of jail time. Convictions can typically be sealed from the defendant’s criminal record after two years have passed since the case ended.
Crimes allegedly committed on or after March 1, 2022 are no longer charged as class 3 misdemeanors.
In this article, our Denver Colorado criminal defense attorneys discuss:
- 1. What are class 3 misdemeanors?
- 2. What is the sentence for class 3 misdemeanors in Colorado?
- 3. What are examples?
- 4. When are class 3 misdemeanors sealable?
- 5. Can defendants be deported?
- 6. Can a jury hear my case?
- 7. What is the criminal statute of limitations for class 3 misdemeanors?
- 8. Can I keep my firearms?
1. What are class 3 misdemeanors?
Prior to March 1, 2022, class 3 misdemeanors were the least serious tier of misdemeanor offenses in the Colorado justice system. They were one level less serious than class 2 misdemeanors and two levels less serious than class 1 misdemeanors.
As of March 1, 2022, no Colorado crimes are classified as class 3 misdemeanors.1
Read our related article on traffic misdemeanors.
2. What is the sentence for class 3 misdemeanors in Colorado?
Class 3 misdemeanors in Colorado have penalties of up to six months in jail and/or $50 to $750 in fines. But the maximum jail sentence is 12 months if:
- The conviction is for reckless endangerment (CRS 18-3-208), and
- The victim was a mental health professional, and
- The victim was on duty at the Department of Human Services
The court can grant probation rather than jail time.2
As of March 1, 2022, no Colorado criminal offenses are prosecuted as class 3 misdemeanors.
3. What are examples?
Prior to March 1, 2022, nine common examples of class 3 misdemeanor charges in Colorado were:
- Unlawful use of a driver’s license (CRS 42-2-136)
- Unlawful ownership of a dangerous dog (CRS 18-9-204.5) (1st offense)
- Disorderly conduct (CRS 18-9-106)
- Hazing (CRS 18-9-124)
- Harassment (CRS 18-9-106)
- Prostitution (CRS 18-7-201)
- Child abuse (CRS 18-6-401), criminally negligent and causing no injury
- Fourth-degree arson (CRS 18-4-405)
- Theft of property (CRS 18-4-401) from $50 to $300
See the state government’s official list of prior class 3 misdemeanors.
There were never any extraordinary risk class 3 misdemeanors.
4. When are class 3 misdemeanors sealable?
Class 3 misdemeanor convictions in Colorado can be sealed two years after the criminal case ends. But if the case gets dropped, then there is no wait before the defendant can petition the court for a seal.
5. Can defendants be deported?
Class 3 misdemeanors are not as serious as felonies. But some of them are crimes involving moral turpitude. Therefore, alien defendants may be vulnerable to deportation. Read more about the criminal defense of immigrants in Colorado.4
6. Can a jury hear my case?
For crimes allegedly committed on or after March 1, 2022, defendants cannot be charged with class 3 misdemeanors.
7. What is the criminal statute of limitations for class 3 misdemeanors?
In Colorado, the criminal statute of limitations for class 3 misdemeanors is 18 months after the offense allegedly took place. But for theft crimes, the statute of limitation pauses (“tolls”) until the theft is discovered.
Note that the criminal statute of limitations for traffic misdemeanors is one year after the crime allegedly took place.6
New class 3 misdemeanors are no longer charged as of March 1, 2022.
8. Can I keep my firearms?
Defendants convicted of class 3 misdemeanors in Colorado should be able to keep their guns unless the offense was related to domestic violence.
Arrested for a criminal offense? 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. 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 articles on Colorado felony crimes (including unclassified felonies), level 1 drug misdemeanors, petty offenses, and class A traffic infractions.