Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado DUI
Getting arrested for DUI does not mean you will be convicted. Police misconduct, defective breathalyzers and crime lab mistakes may be enough to get your charges lessened or dismissed. Visit our page on Colorado DUI Laws to learn more.
Colorado In-Depth
It is normal to be frightened and overwhelmed following an arrest. Therefore our lawyers are devoted to demystifying major topics in Colorado criminal defense law.
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Call Us NowIn Colorado criminal law, misdemeanors are less serious crimes than felonies but more serious than petty offenses.
In this article, our Colorado criminal defense attorneys will discuss:
Misdemeanor offenses are the middle tier of Colorado crimes below felonies but above petty offenses. They are divided into two classes. Class 1 is the most serious, class 2 is the least serious. (Prior to March 1, 2022, there was a third, more minor class of misdemeanors called class 3 misdemeanors.)1
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There are also some unclassified misdemeanors, such as DUI.
Misdemeanor penalties in Colorado depend on the class:
Class of misdemeanor |
Punishment in Colorado |
Class 1 |
On or after March 1, 2022:
For extraordinary risk class 1 misdemeanors, the maximum jail sentence is 18 months. For 3rd-degree assault (CRS 18-3-204), the maximum sentence can be 36 months if the victim was on duty as a:
Before March 1, 2022:
For extraordinary risk class 1 misdemeanors, the maximum jail sentence is 24 months. For 3rd-degree assault (CRS 18-3-204), the maximum sentence can be 48 months if the victim was on duty as a:
|
Class 2 |
On or after March 1, 2022:
Before March 1, 2022:
|
Class 3 (which are no longer prosecuted as of March 1, 2022) |
|
The judge can grant probation in lieu of jail.
Three common class 1 misdemeanors in Colorado include:
Three common class 2 misdemeanors in Colorado include:
Misdemeanor convictions in Colorado can be sealed two years after the case closes. But if the charge gets dismissed, then the case can be sealed right away.
Note that convictions for
Learn how to get criminal records sealed in Colorado.
Misdemeanors that qualify as crimes involving moral turpitude or that involve drugs or firearms are likely deportable. Therefore, aliens facing misdemeanor charges should hire an experienced lawyer to try to fight the charges to avoid a criminal conviction. Learn more about the criminal defense of immigrants in Colorado.4
Yes. People charged with a Colorado misdemeanor can have a jury trial of six jurors. Alternatively, defendants can opt for a bench trial instead.5
Colorado’s criminal statute of limitations for misdemeanors is 18 months after the crime allegedly occurred. (For theft crimes, the 18-month clock starts running after the theft is discovered.) Once the statute of limitations has passed, the district attorney cannot press charges.
Note that the criminal statute of limitations for traffic misdemeanors is only one year after the crime allegedly occurred.6
Colorado defendants lose their gun rights following convictions of either:
Otherwise, misdemeanor convictions do not threaten gun rights.
Learn how to get firearm rights restored through a Governor’s Pardon.7