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“Class 1 Misdemeanors” in Colorado – Law & Penalties

Class 1 misdemeanors are the most serious class of misdemeanor offenses in Colorado. A conviction is punishable by
  1. up to 364 days in jail and/or
  2. a fine of up to $1,000.
Convictions can usually be sealed from your criminal record three years after the case ends.
Misdemeanor class Colorado penalties
Class 1 misdemeanor
  • Up to 364 days in jail, and/or
  • Up to $1,000 in fines
Class 2 misdemeanor
  • Up to 120 days in jail, and/or
  • Up to $750 in fines
In this article, our Denver Colorado criminal defense attorneys will address the following key topics:
shoplifter in the electronic store supermarket stealing new gadget
Stealing property worth from $1,000 to less than $2,000 is a class 1 misdemeanor in Colorado.

1. Class 1 Misdemeanors

Class 1 misdemeanors are Colorado’s most serious class of misdemeanor offenses, right below felony crimes. Meanwhile, class 1 misdemeanors are one level above class 2 misdemeanors. (As of March 1, 2022, no new crimes are classified as class 3 misdemeanors.)1 See our related article on traffic misdemeanors.

2. Penalties

Class 1 misdemeanors in Colorado have a presumptive penalty of up to 364 days in jail and/or up to $1,000 in fines. For cases that occurred prior to March 1, 2022, class 1 misdemeanors carried:
  • six to 18 months of jail time and/or
  • fines of $500 to $5,000.
But extraordinary risk class 1 misdemeanors had a maximum jail sentence of 24 months. Courts may grant probation instead of jail for class 1 misdemeanors.2

3. Examples

Some common class 1 misdemeanor charges 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)
  4. Defacing a firearm (CRS 18-12-104)
  5. Obstruction of telephone service (CRS  18-9-306.5)
  6. Harassment (CRS 18-9-111) when the aggressor either touches the victim, follows the victim in a public place, or otherwise commits harassment as a hate crime
  7. Child abuse (CRS 18-6-401)
  8. Third degree assault (CRS 18-3-204)
  9. Failure to register as a sex offender (CRS 18-3-412.5) if the person was convicted of misdemeanor unlawful sexual behavior
See the state government’s former official list of class 1 misdemeanors.

4. Record Seals

Convictions for class 1 misdemeanors can be sealed three years after the case ends. However, convictions for are always unsealable. You can petition for a record seal immediately if the charge gets dismissed. Note that the waiting period to seal drug misdemeanor convictions is two years after the case ends.3 Learn how to get criminal records sealed in Colorado.
Side view of a empty jury box in the courthouse
Defendants charged with class 1 misdemeanors can have a trial by six jurors.

5. Immigration Consequences

Non-citizens convicted of misdemeanor crimes involving moral turpitude could face deportation from the U.S. Therefore, non-citizens are advised to hire experienced counsel to try to persuade prosecutors to dismiss the charges or have them changed to non-deportable offenses. Learn more about the criminal defense of immigrants in Colorado.4

6. Jury Trials

If you are accused of a class 1 misdemeanor in Colorado, you have the right to a jury trial of six people. Or you can choose to have a bench trial instead.5

7. Statute of Limitations

Colorado district attorneys can press criminal charges for most class 1 misdemeanors 18 months after the offense occurred. If the crime involves theft, the 18-month clock does not begin running until after the theft is discovered. For unlawful sexual contact (CRS 18-3-404) charges where the victim is 15 or older, the criminal statute of limitations is five years after the offense occurs. If the victim is under 15, the time limit to press charges is eight-and-a-half years after the offense occurs. Note that the criminal statute of limitations for traffic misdemeanors is one year after the offense occurs.6

8. Gun Rights

Class 1 misdemeanors committed on or after March 1, 2022 no longer bar firearm possession unless the offense is a misdemeanor crime of domestic violence. Learn how to get firearm rights restored through a Governor’s Pardon.7

Legal References

  1. SB21-271; CRS 18-1.3-401; see also Melton v. People, (2019) CO 89, 451 P.3d 415; see also Lawrence v. People, (2021) CO 28, 486 P.3d 269.
  2. Same. Prior to March 1, 2022, extraordinary risk misdemeanors carried enhanced penalties. SB21-271.
  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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