Class 1 Petty Offenses in Colorado – Law & Penalties

As of March 1, 2022, Colorado has only one type of petty offense. The penalties for petty offenses are

1. up to 10 days in jail and/or
2. a fine of up to $300.

Before March 1, 2022, petty offenses were divided into two classes. Class 1 petty offenses were punishable by up to 6 months of county jail time and/or $500 in fines. Class 2 petty offense penalties depended on the statute.

Petty offense convictions usually do not affect gun rights. Convictions can be sealed from your criminal record one year after the case ends.

In this article, our Denver criminal defense attorneys will address the following key topics regarding class 1 petty offenses in Colorado:

• 1. Meaning
• 2. Penalties
• 3. Examples
• 4. Record Seals
• 5. Immigration Consequences
• 6. Jury Trials
• 7. Statute of Limitations
• 8. Gun Rights
• Additional Resources

Prior to March 1, 2022, the maximum penalty for class 1 petty offenses in Colorado is $500 and 6 months in jail.

1. Meaning

Petty offenses are the least serious category of Colorado crimes under Colorado felonies and Colorado misdemeanors. Prior to March 1, 2022, petty offenses were divided into two categories:

1. Class 1 petty offenses, and
2. Class 2 petty offenses¹

Class 1 petty offenses carried harsher penalties than class 2 petty offenses.

2. Penalties

The penalty for class 1 petty offenses in Colorado was six months in jail and/or $500 in fines. Although the maximum sentence included jail, many first-time offenders are sentenced only to a fine. And depending on the case, certain misdemeanor charges may be reduced to a petty offense as part of a plea bargain.²

As of March 1, 2022, minor offenses are prosecuted simply as petty offenses. The penalty is up to 10 days in jail and/or a fine of up to $300.

Prior to March 1, 2022, common examples of class 1 petty offenses in Colorado included:

1. Theft of property (CRS ), if the property is valued at less than $50
2. Check fraud (CRS 18-5-205), if the amount is less than $50
3. Third-degree criminal trespass (CRS 18-4-504), if the land has not been classified as agricultural
4. Prostitute making display (CRS 18-7-201)
5. Public indecency (CRS 18-7-301), for a first offense
6. Disorderly conduct (CRS 18-9-106), by making offensive utterances or gestures or unreasonable noise
7. False swearing (CRS 18-8-504(2))
8. Illegal gambling (CRS 18-10-103)
9. Defacing Posted Notice (CRS 18-4-510)
10. Accessory to a crime (CRS 18-8-105), if the crime is a misdemeanor
11. Escape (CRS 18-8-208), if you were charged with a misdemeanor or petty offense
12. Official misconduct (CRS 18-8-404), in the second-degree
13. Loitering near a school (CRS 18-9-112)
14. Owning a dangerous dog (CRS 18-9-204.5), and the dog damages property
15. Refusing to aid a police officer (CRS 18-8-107)
16. Failure to carry and produce a CCW permit and valid photo identification upon demand by a law enforcement officer or peace officer (CRS 18-12-204)

See state government’s former official list of class 1 petty offenses.

There are no extraordinary risk petty offenses.

4. Record Seals

Colorado class 1 petty offense convictions can be sealed from your criminal record one year after the case ends. But if the charge got dropped, then there is no wait before you can petition the court for a record seal.

Note that convictions for sex crimes, DUIs, and domestic violence cannot be sealed.³

Learn how to get criminal records sealed in Colorado.

Even though class 1 petty offenses are not serious crimes, they can negatively impact background checks.

5. Immigration Consequences

Unless the charge is a crime involving moral turpitude, it is unlikely that a class 1 petty offense conviction would trigger deportation proceedings. If you are a non-citizen facing any criminal charge, you should consult with an attorney to discuss your options.

Read more about the criminal defense of immigrants in Colorado.⁴

6. Jury Trials

If you were accused of a class 1 petty offense in Colorado, you could have a jury trial of three to six jurors.

To get a jury trial, you must properly petition the court in writing no later than 21 days after entry of the not guilty plea. If you wish for four, five, or six jurors instead of three, you have to include that request in the written petition.

If you do not wish to have a jury trial, you have a bench trial (where a judge, not a jury, hands down the verdict).⁵

7. Statute of Limitations

If you were accused of a class 1 petty offense in Colorado, you must be prosecuted within six months of the alleged offense. Though if the charge involves theft, then the six-month clock does not begin running until the theft is discovered.

Learn more about criminal statutes of limitations in Colorado.⁶

8. Gun Rights

Class 1 petty offense convictions in Colorado do not affect gun rights. You do not have to surrender your firearms.⁷

Additional Resources

For more information, refer to the following:

• How Criminal Cases Work – Explanation by the Denver, Colorado District Attorney.
• Criminal Court Self-Help Forms – Provided by the Colorado Judicial Branch.
• Colorado Rules of Criminal Procedure – Rules that apply to all criminal cases in Colorado.
• Colorado Criminal Code: Title 18 of the C.R.S. – The principal body of laws defining and governing federal criminal offenses for Colorado.
• Steps in the Federal Criminal Process – Overview by the Offices of the United States Attorneys.

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Legal References

1. SB21-271. Colorado Revised Statute (criminal code) 18-1.3-503; see also People v. Vidauri (Colo. 2021) 486 P.3d 239; see also People v. Kent (Colo. 2020) 476 P.3d 762.
2. Same.
3. CRS 24-72-701 – 708.
4. 8 USC 1227.
5. CRS 16-10-109.
6. CRS 16-5-401.
7. CRS 18-12-108; Colorado Constitution, Article IV, § 7.