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Colorado “Misdemeanors” – Classes, Sentencing & Jail Time

In Colorado criminal law, misdemeanors are a class of crimes that are less serious than felonies but more serious than petty offenses.
In this article, our Colorado criminal defense attorneys will discuss: Also listen to our informative podcast:

1. Definition

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, and class 2 is the least serious. (Before March 1, 2022, there was a third, more minor class of misdemeanors called class 3 misdemeanors.)1 Read our related articles on There are also some unclassified misdemeanors, such as DUI.
Closeup of hands in cuffs behind back, and the person is wearing a white t-shirt and blue jeans
Colorado misdemeanor penalties typically include fines and/or county jail time.

2. Penalties

Misdemeanor penalties in Colorado depend on the class:

Class of Misdemeanor

Punishment in Colorado

Class 1

On or after March 1, 2022:

  • Up to 364 days in jail, and/or
  • Up to $1,000 in fines
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:

  • 6 to 18 months in county jail, and/or
  • $500 to $5,000 in fines
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:

  • Up to 120 days in jail, and/or
  • Up to $750 in fines

Before March 1, 2022:

  • 3 to 12 months in county jail, and/or
  • $250 to $1,000 in fines
Class 3 (which are no longer prosecuted as of March 1, 2022)
  • Up to 6 months of county jail, and/or
  • $50 to $750 in fines2
The judge can grant probation instead of jail.

3. Examples

Three standard class 1 misdemeanors in Colorado include:

  1. Theft of property (CRS 18-4-401), from $1,000 to less than $2,000
  2. Criminal mischief (CRS 18-4-501), from $1,000 to less than $2,000
  3. Indecent exposure (CRS 18-7-302)
Three standard class 2 misdemeanors in Colorado include:
  1. Criminal attempt (CRS 18-2-101) to commit a class 1 misdemeanor
  2. Theft of property (CRS 18-4-401), with a value of at least $300 but less than $1,000
  3. Criminal tampering

4. Record Seals

Misdemeanor convictions in Colorado can be sealed two years after the case closes. However, the case can be sealed immediately if the charge is dismissed. Note that convictions for Learn how to get criminal records sealed in Colorado.
Criminal complaint forms on a table with a pair of handcuffs lying on top of the papers
The statute of limitations for misdemeanors in Colorado is 18 months.

5. Immigration Consequences

Misdemeanors that qualify as crimes involving moral turpitude or that include drugs or firearms are likely deportable. Therefore, aliens facing misdemeanor charges should hire an experienced lawyer to contest the charges and avoid a criminal conviction. Learn more about the criminal defense of immigrants in Colorado.4

6. Jury Trials

People charged with a Colorado misdemeanor can have a jury trial of six jurors. Alternatively, defendants can opt for a bench trial instead.5

7. Statute of Limitations

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.) The district attorney cannot press charges once the statute of limitations has passed. The criminal statute of limitations for traffic misdemeanors is only one year after the crime allegedly occurred.6

8. Gun Rights

Colorado defendants lose their gun rights following convictions of either:
  • extraordinary risk class 1 misdemeanors; or
  • misdemeanors related to domestic violence.
Otherwise, misdemeanor convictions do not threaten gun rights. Learn how to get firearm rights restored through a Governor’s Pardon.7

Additional Reading

For more in-depth information, refer to these scholarly articles:

Legal References

  1. SB21-271; CRS 18-1.3-501; see also People v. Dunaway, (2004) 88 P.3d 619; see also People ex rel. T.B., (2019) CO 53, 445 P.3d 1049.
  2. Same.
  3. CRS 24-72-701 – 708.
  4. 8 USC 1227.
  5. CRS 18-1-406.
  6. CRS 16-5-401.
  7. CRS 18-12-108; Colorado Constitution, Article IV, § 7; 18 U.S.C. § 922(g).

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