Petty offenses are Colorado’s lowest-level crimes. Class 1 petty offenses are punishable by up to 6 months of county jail time and/or $500 in fines. Class 2 petty offense penalties vary by offense. And drug petty offenses carry sentences of up to $100.
In this article, our Colorado criminal defense attorneys discuss:
- 1. What are petty offenses?
- 2. What is the sentence for petty offenses in Colorado?
- 3. What are examples?
- 4. When can petty offenses be sealed?
- 5. Are they deportable?
- 6. Can I get a jury trial?
- 7. What is the criminal statute of limitations for petty offenses?
- 8. What about gun rights?
1. What are petty offenses?
- Class 1 petty offenses,
- Class 2 petty offenses,
- Drug petty offenses1
2. What is the sentence for petty offenses in Colorado?
The punishment for class 1 petty offenses in Colorado is six months in jail or $500 in fines, or both. Class 2 petty offense penalties depend on the specific statute. And the punishment for drug petty offenses is up to $100.2
3. What are examples?
Three examples of class 1 petty offenses in Colorado include:
- Theft of property (CRS ), if the property is valued at less than $50
- Check fraud (CRS 18-5-205), if the amount is less than $50
- Third-degree criminal trespass (CRS 18-4-504), if the land has not been classified as agricultural
Three examples of class 2 petty offenses in Colorado include:
- Attempting (CRS 18-2-101) to commit a class 1 petty offense
- Giving or selling an underage person cigarettes or tobacco (CRS 18-13-121)
- Underage person purchasing cigarettes or tobacco (CRS 18-13-121)
The only three drug petty offenses in Colorado are:
- Possessing up to two ounces of marijuana (CRS 18-18-406)
- Possession of drug paraphernalia with the knowledge that it could be used as drug paraphernalia (CRS 18-18-428)
- Possessing prescribed controlled substances in a container it was not dispensed in, and being unable to show legal ownership (CRS 18-18-413)
4. When can petty offenses be sealed?
Colorado petty offense convictions can be sealed from criminal records one year after the case closes. But if the charge gets dropped, then the court requires no waiting period before granting a petition to seal.3
5. Are they deportable?
Drug petty offenses may be deportable. Otherwise, it is unlikely that a petty offense would be deportable unless it qualifies as a crime involving moral turpitude. Read more about the criminal defense of immigrants in Colorado.4
6. Can I get a jury trial?
7. What is the criminal statute of limitations for petty offenses?
People accused of committing a Colorado petty offense can be prosecuted within six months of the offense. But if the crime involved theft, the six-month clock tolls (pauses) until the theft is discovered – which can be long after it actually occurred.
Learn more about criminal statutes of limitations in Colorado.6
8. What about gun rights?
Petty offense convictions usually do not affect gun rights. But note that drug users or addicts are not allowed to possess firearms, even if they have no criminal convictions.7
Arrested for a criminal offense? Whether it is for a felony offense, a misdemeanor offense, a petty offense, or a traffic infraction, our experienced Colorado criminal defense lawyers want to provide legal help to you. 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. Disclaimer: Results cannot be guaranteed.