What is considered a misdemeanor crime in Colorado?
In Colorado, a misdemeanor is a crime punishable by incarceration and sometimes a fine. A misdemeanor is considered a less serious crime than a felony, but more so than an infraction (usually does not involve jail time). Misdemeanors are classified into 3 levels: class 1, class 2 and class 3.
The more severe misdemeanors are charged as class 1 misdemeanors. For example: drug, domestic violence, and some traffic cases could be charged as class 1 and class 2 misdemeanors (or could be left unclassified). The rest less aggravating type of offenses are charged as class 3 misdemeanors.
Extraordinary Risk
Some misdemeanor crimes can be charged as extraordinary risk crimes which increases the presumptive range of punishment for the person charged with this crime. In Colorado if you are charged with an extraordinary risk crime, the minimum sentence established for the offense will remain the same but the maximum sentence will increase by up to 6 months.
Penalties for Class 1 Misdemeanor in Colorado (Extraordinary Risk): Could include between 6 months and up to 24 months in jail and fine between $500-$5000.
Penalties For Non-Drug, Non-Traffic Misdemeanors
- Penalties for Class 1 Misdemeanor in Colorado: Could include between 6 months and up to 18 months in jail and/or a fine between $500-$5000.
- Penalties for Class 2 Misdemeanor in Colorado: Could include between 3 months and up to 12 months in jail and/or a fine between $250-$1000.
- Penalties for Class 3 Misdemeanor in Colorado: Could include up to 6 months in jail and/or a fine between $50-$750.
* For assault cases, please follow this link for additional information: https://garscinlaw.org/blog/f/charged-with-assault-in-colorado.
Penalties for Drug Misdemeanor Charges
Since March 1, 2020 different sentencing options apply to level 1 and level 2 drug possession charges in Colorado.
Before March 1, 2020:
Penalties for Level 1 Misdemeanor in Colorado: Could include between 6 months and up to 18 months in jail and/or a fine between $500-$5000.
Penalties for Level 2 Misdemeanor in Colorado: Could include up to 364 days in jail and fine between $50-$750.
After March 1, 2020:
Penalties for Level 1 Misdemeanor in Colorado: Are punishable by a fine of as much as $1000, and up to 1 year probation with the possibility of 180 total days in jail, or up to 180 days in jail.
Example of this type of offense is: Possession of more than 6 ounces of marijuana.
Penalties for Level 2 Misdemeanor in Colorado: Are punishable by a fine of as much as $500, and up to 1 year probation with the possibility of 120 total days in jail, or up to 180 days in jail.
Example of this type of offense is: Possession of between 2 and 6 ounces of marijuana.
If you accrued a third or subsequent conviction for these type of drug misdemeanors, the penalties will increase. See (Colo. Rev. Stat. Ann. § 18-1.3-501 (2020).).
Penalties for Traffic Misdemeanor
- Penalties for Class 1 Misdemeanor in Colorado: Could include between 10 days and up to 12 months in jail and/or a fine between $300-$1000 (or both).
- Penalties for Level 2 Misdemeanor in Colorado: Could include between 10 days and up to 90 days in jail and/or a fine between $150-$300 (or both).
Statutes of Limitation
In Colorado, the state typically must begin prosecution of misdemeanors within 18 months of the date on which the crime is committed. Traffic misdemeanors, however, have a one-year statute of limitations. See (Colo. Rev. Stat. § 16-5-401 (2020).).
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If you or someone you love has been charged with a crime in Colorado, contact one of our experienced Attorneys at (303) 205-8495. Or, schedule a free consultation by clicking the link below.
