In the Colorado justice system, a Class 2 Petty Offense is a very minor criminal offense that is punishable by a small fine but no actual jail time. The amount of the fine is designated by the statute that defines the offense.
Like they sound, petty offenses are a category of Colorado crimes that are less serious than Colorado felonies and Colorado misdemeanors. Petty offenses, in turn, are divided into two categories:
- Colorado class 1 petty offenses, and
- Colorado class 2 petty offenses
Common examples of class 2 petty offenses in Colorado include:
- The Colorado crime of littering
- The California crime of giving or selling an underage person cigarettes or tobacco
- The Colorado crime of an underage person purchasing cigarettes or tobacco (or attempting to)
See the full list of Colorado class 2 petty offenses.
What are class 2 petty offense penalties in Colorado?
The penalty for class 2 petty offenses is defined in the individual crime statutes. The penalties involve only small fines and not jail.
Other class 2 petty offense facts in Colorado
People facing a petty offense charge in Colorado can have a jury trial of no less than three jurors, but he/she has to adhere to proper procedure in order to get it:
- Within twenty-one (21) days after entering a plea of not guilty, the defendant has to put in writing a request to the court to have a jury trial; and
- The defendant must pay a twenty-five dollar fee (unless the defendant is indigent, and it will be returned if the case is dismissed); and
- If the defendant prefers a jury of four, five, or six jurors instead of three, the defendant needs to include that in the written request.
If the defendant opts not to have a jury trial, he/she can have a bench trial (where the verdict is decided by a judge).
Depending on the case, class 2 petty offense may be sealable from the defendant’s criminal record. Even though class 2 petty offenses are the least serious crimes, there is always a possibility that it could be construed as deportable offenses or crimes involving moral turpitude. Therefore, non-citizens facing petty offenses need to consult experienced counsel to help safeguard their resident status.
Arrested in Colorado? Call us . . . .
If you are facing criminal charges in Colorado, contact our Denver Criminal Defense Attorneys at (303) 222-0330 for a free strategy session. We will do everything possible to keep your record clean and keep you out of jail.
Go to our Colorado petty offense main page.