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:
- 1. What are class 2 petty offenses?
- 2. What is the sentence for class 2 petty offenses in Colorado?
- 3. What are examples?
- 4. When can class 2 petty offenses be sealed?
- 5. Can defendants be deported?
- 6. Can I have a trial?
- 7. What is the criminal statute of limitations for class 2 petty offenses?
- 8. Can I keep my firearms?
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
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:
- 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)
- Violating mandatory reporter laws (CRS 18-240-139)
Note that law enforcement officers may cite suspects rather than arrest them.
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.
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
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.