Class 2 Petty Offenses in Colorado

Updated

Class 2 petty offenses are Colorado’s lowest-level category of crimes, usually punishable by a small fine but no actual jail time. The fine amount varies by offense but is usually around $200.00. Petty offense convictions have no effect on gun rights. Convictions can be sealed from the defendant’s criminal record one year after the criminal case has closed.

In this article, our Colorado criminal defense attorneys discuss:

Gavel and some $100 bills

The maximum penalty for class 2 petty offenses is a fine.

1. What are class 2 petty offenses?

Class 2 petty offenses are the least serious class of Colorado crimes. They are one rung below class 1 petty offenses.1

See our related articles about Colorado felonies and Colorado misdemeanors.

2. What is the sentence for class 2 petty offenses in Colorado?

Class 2 petty offense penalties vary by offense. For example, giving cigarettes to a minor carries a $200 fine. But violating mandatory reporter laws carries up to $300 and up to 90 days of jail time.

In certain cases, misdemeanor charges can be lessened to a petty offense as part of a plea bargain.2

3. What are examples?

Four examples of class 2 petty offenses in Colorado include:

  1. Attempting (CRS 18-2-101) to commit a class 1 petty offense
  2. Giving or selling an underage person cigarettes or tobacco (CRS 18-13-121)
  3. Underage person purchasing cigarettes or tobacco (CRS 18-13-121)
  4. Violating mandatory reporter laws (CRS 18-240-139)

Note that law enforcement officers may cite suspects rather than arrest them.

See the state government official list of class 2 petty offenses.

There are no extraordinary risk petty offenses.

4. When can class 2 petty offenses be sealed?

There is a one year wait in Colorado to get a class 2 petty offense conviction sealed after the case ends. But there is no wait to get a criminal record seal if the charge gets dismissed.

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

Learn how to get criminal records sealed in Colorado.

Six jurors listening to attorney during trial

People accused of class 2 petty offenses in Colorado are entitled to a jury trial.

5. Can defendants be deported?

Class 2 petty offense convictions are usually not deportable. But immigration law is always changing, so non-citizen defendants should consult with a lawyer. Read more about the criminal defense of immigrants in Colorado.4

6. Can I have a trial?

Yes. Class 2 petty offense defendants in Colorado may have a bench trial or a jury trial of three to six jurors. But to secure a jury trial, the defendant must petition the court in writing within 21 days of the not guilty plea. And the jury will consist of only three jurors unless the defendant requests four, five, or six jurors in the petition.5

7. What is the criminal statute of limitations for class 2 petty offenses?

Under the Colorado justice system, prosecutors have six months to press charges against people accused of committing a class 2 petty offense. The only exception is if the petty offense was for a theft crime – then the limit is six months after the theft is discovered.

Learn more about criminal statutes of limitations in Colorado.6

8. Can I keep my firearms?

Yes. Class 2 petty offenses are not serious crimes, and convictions do not cause defendants to lose their gun rights.7

Group of law firm receptionists with headsets

Call our DUI / DWAI / criminal law firm for legal advice and to discuss creating an attorney-client relationship. We offer free consultations on your criminal case.

Arrested for a criminal offense? Whether it is for a felony offense, a misdemeanor offense, a petty offense, or a traffic offense 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.

Go to our Colorado petty offense main page.

Legal References

  1. Colorado Revised Statute (criminal code) 18-1.3-503; see also People v. Kent, (2020) CO 85, 476 P.3d 762; see also Russell v. People, (2017) CO 3, 387 P.3d 750.
  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.

Colorado Petty Offense Blog Posts:

How to get early removal of my interlock device in Colorado

Step 1: Meet the preconditions Colorado DUI defendants may be eligible for early removal of their ignition interlock device (IID). First, they would need to meet the following criteria: First-time DUI offender; The blood alcohol content (BAC) was lower than 0.15%; Under 21 years old at the time of the DUI; Colorado residency; and At ...

What are “special circumstances” in a Nevada murder case?

Special circumstances is another term for “aggravating factors” in Nevada capital murder cases. In order for a person to be sentenced to the death penalty for first-degree murder (NRS 200.030), the state court must find that there was at least one aggravating factor. And this aggravating factor(s) must not be outweighed by any mitigating factors. ...

What is considered a firearm in Colorado?

Colorado’s definition of “firearm” under 18-1-901 C.R.S. is “any handgun, automatic, revolver, pistol, rifle, shotgun, or other instrument or device capable or intended to be capable of discharging bullets, cartridges, or other explosive charges.” Colorado open carry laws for firearms Generally, the open carry of firearms in Colorado is allowed except in the following ten circumstances: ...

What’s the difference between jail and prison in Colorado?

Run by the Colorado Department of Corrections (CDOC), Colorado prisons are detention facilities where convicted felons serve out their sentence. They are usually located in rural areas of the state. In contrast, Colorado jails are usually located near a courthouse. They house people who either 1) have been recently arrested, 2) are awaiting trial and ...

    Contact Our Firm

    This form is encrypted and protected by attorney-client confidentiality.



    Menu

    24/7 Help: