Misdemeanor Crimes in Colorado

The state of Colorado separates criminal offenses into several different categories, including felonies, misdemeanors, petty offenses, and traffic offenses. While misdemeanor crimes are generally considered less severe than felony crimes, they can still carry serious consequences.

A misdemeanor conviction may result in jail time, fines, probation, mandatory classes, protection orders, loss of professional opportunities, and a permanent criminal record. Even when a person is not facing prison, a misdemeanor charge should be taken seriously from the very beginning.

In the following article, we’ll go over what makes a crime a misdemeanor, some of the more common misdemeanor crimes in Colorado, the possible consequences of a conviction, and why it is important to speak with a Denver misdemeanor criminal defense attorney as soon as possible.

Misdemeanor Defense Attorney in Denver, Colorado

If you or a loved one has been charged with a misdemeanor crime in Colorado, you need a criminal defense attorney who understands how to protect your rights from the beginning of the case. The Law Office of Matthew Martin, LLP is ready to provide legal defense for individuals charged under Colorado state law.

A strong defense may involve challenging the evidence, negotiating for reduced charges, seeking dismissal, protecting your record, preparing for trial, or working toward an outcome that limits the long-term consequences of the accusation.

Matthew Martin accepts clients throughout the greater Denver area and surrounding counties, including Douglas County, Broomfield County, Jefferson County, Adams County, and Arapahoe County.

Call now at (303) 725-0017 or fill out our online consultation form to set up your first consultation free of charge.

Overview of Misdemeanor Crimes in Colorado

What Makes a Crime a Misdemeanor?
Common Misdemeanor Crimes in Colorado
Penalties for Colorado Misdemeanors
Collateral Consequences of Misdemeanor Convictions
Frequently Asked Questions
Additional Resources

What Makes a Crime a Misdemeanor?

Whether a crime is treated as a misdemeanor, felony, petty offense, or traffic offense depends on how Colorado law classifies the specific charge. Misdemeanors are less severe than felonies, but they are still criminal offenses that can result in jail time, fines, probation, and a criminal record.

Several factors may affect whether an offense is charged as a misdemeanor or elevated to a felony. These include:

Severity of the alleged conduct: Crimes involving minor injury, lower financial loss, or less serious public safety concerns are more likely to be charged as misdemeanors. However, the same type of conduct may become a felony if the alleged harm is more serious.

Value of property involved: In theft-related cases, the value of the property can determine whether the charge is a petty offense, misdemeanor, or felony. For example, theft involving property worth $300 or more but less than $1,000 is generally treated as a Class 2 misdemeanor, while theft involving property worth $1,000 or more but less than $2,000 is generally treated as a Class 1 misdemeanor under C.R.S. § 18-4-401.

Prior criminal history: A person’s prior record can change the way a case is charged or sentenced. Some crimes that are usually misdemeanors may become felonies after repeated convictions. For example, DUI and DWAI are generally misdemeanor offenses, but they may become felony offenses after multiple prior qualifying convictions.

Victim status: Charges may become more serious when the alleged victim is a protected person, such as an at-risk adult, child, peace officer, emergency medical provider, or another protected individual under Colorado law.

Use of a weapon or aggravating circumstances: A misdemeanor-level offense may become a felony when a deadly weapon is involved, when serious bodily injury occurs, or when another aggravating circumstance is present.

Domestic violence designation: Domestic violence is not a separate crime in Colorado, but it can be attached to many misdemeanor charges. When this designation applies, the case may involve mandatory arrest, protection orders, treatment requirements, firearm restrictions, and other serious consequences.

Common Misdemeanor Crimes in Colorado

The following is a non-exhaustive list of common misdemeanor crimes in Colorado. The exact charge level and penalties may depend on the facts of the case, the person’s criminal history, whether anyone was injured, whether a weapon was involved, and whether any aggravating circumstances apply.

Third-Degree Assault – C.R.S. § 18-3-204 – Third-degree assault generally involves knowingly, recklessly, or with criminal negligence causing bodily injury to another person. This charge may arise from fights, domestic disputes, bar incidents, road rage encounters, or other situations where someone is accused of physically injuring another person.

Harassment – C.R.S. § 18-9-111 – Harassment can involve conduct such as striking, shoving, following, repeatedly contacting, insulting, taunting, or communicating with another person in a way that is intended to harass, annoy, or alarm them. These cases often arise from personal conflicts, neighbor disputes, workplace issues, or online and phone communications.

Misdemeanor Theft – C.R.S. § 18-4-401 – Theft may be charged as a misdemeanor when the value of the property or services involved falls within Colorado’s misdemeanor theft range. These cases may involve shoplifting, taking personal property, failing to return rented property, or accusations of using someone else’s property without permission.

Criminal Mischief – C.R.S. § 18-4-501 – Criminal mischief involves knowingly damaging the real or personal property of another person. Depending on the value of the damage, this offense may be charged as a misdemeanor. Common examples include damaging a vehicle, breaking a phone, punching a wall, vandalizing property, or damaging items during a domestic dispute.

Disorderly Conduct – C.R.S. § 18-9-106 – Disorderly conduct covers several types of disruptive public behavior, including fighting in public, making unreasonable noise, using offensive gestures in certain circumstances, or creating a hazardous or offensive condition. These cases may arise from arguments, public disturbances, nightlife incidents, protests, or confrontations with others.

Trespassing – C.R.S. §§ 18-4-502, 18-4-503, and 18-4-504 – Trespassing involves unlawfully entering or remaining on another person’s property. Depending on the type of property and the circumstances, trespassing may involve entering a building, fenced area, vehicle, land, or restricted area without permission. Some trespassing offenses are misdemeanors, while others may be petty offenses or felonies.

Violation of a Protection Order – C.R.S. § 18-6-803.5 – A violation of a protection order occurs when a person knowingly violates the terms of a court order. These orders may prohibit contact, restrict travel to certain locations, ban firearm possession, or impose other conditions. Violations can happen through phone calls, text messages, social media contact, in-person contact, or third-party communication.

Driving Under the Influence – C.R.S. § 42-4-1301 – DUI and DWAI charges involve allegations that a person drove while impaired by alcohol, drugs, or a combination of substances. These cases can carry jail time, fines, probation, license consequences, alcohol education classes, community service, and ignition interlock requirements. Repeat offenses may lead to harsher penalties and, in some cases, felony charges.

Child Abuse in Certain Cases – C.R.S. § 18-6-401 – Child abuse may be charged as a misdemeanor in certain cases where the allegations involve injury, unreasonable risk of injury, neglect, or mistreatment of a child but do not rise to the level of a felony. These cases can carry serious consequences, including criminal penalties, mandatory reporting issues, and possible involvement from child protective services.

Prostitution-Related Offenses – C.R.S. § 18-7-201 et seq. – Certain prostitution-related offenses may be charged as misdemeanors in Colorado. These cases may involve allegations of prostitution, solicitation, arranging meetings, or related conduct. The consequences can include criminal penalties, reputational harm, employment issues, and mandatory court conditions.

Certain Drug Misdemeanor Offenses – C.R.S. § 18-1.3-501 – Some drug offenses in Colorado are charged as misdemeanors rather than felonies. These may involve unlawful possession of certain controlled substances, depending on the substance, amount, and circumstances. A conviction may lead to probation, treatment requirements, fines, jail time, and a criminal record.

Resisting Arrest – C.R.S. § 18-8-103 – Resisting arrest involves using or threatening physical force, violence, or another means that creates a substantial risk of bodily injury to prevent an officer from making an arrest. A person may face this charge even when the underlying arrest began as a separate misdemeanor, traffic offense, or other investigation.

Obstructing a Peace Officer – C.R.S. § 18-8-104 – Obstructing a peace officer generally involves using or threatening force, interference, an obstacle, or physical action to obstruct, impair, or hinder a peace officer, firefighter, emergency medical provider, rescue specialist, or volunteer in the performance of their duties. These cases may involve tense encounters with police, emergency scenes, or investigations.

Penalties for Colorado Misdemeanors

Colorado misdemeanor penalties depend on the class of the offense, the facts of the case, the defendant’s criminal history, and whether any sentencing enhancements apply.

For many offenses committed on or after March 1, 2022, Colorado misdemeanors are divided into two main classes:

Class 1 Misdemeanor: Punishable by up to 364 days in county jail, a fine of up to $1,000, or both.

Class 2 Misdemeanor: Punishable by up to 120 days in county jail, a fine of up to $750, or both.

Some misdemeanor cases may involve different sentencing rules. Drug misdemeanors, traffic misdemeanors, extraordinary risk crimes, domestic violence cases, protection order violations, and alcohol-related driving offenses may carry additional penalties or requirements.

Depending on the charge, a misdemeanor sentence may include:

County jail time
Probation
Fines and court costs
Restitution
Community service or useful public service
Domestic violence treatment
Anger management classes
Substance abuse evaluation and treatment
Alcohol education or therapy
Protection orders
No-contact orders
Firearm restrictions
Driver’s license consequences
Immigration consequences for non-citizens

A misdemeanor may seem minor compared to a felony, but the consequences can follow a person for years. A conviction can affect employment, housing, education, family relationships, and professional licensing.

Collateral Consequences of Misdemeanor Convictions

Misdemeanor convictions often carry consequences beyond jail time and fines. Even when a person avoids jail, a conviction can still create long-term problems in many areas of life.

Some of the possible collateral consequences of a misdemeanor conviction include:

Employment Problems: Many employers run background checks. A misdemeanor conviction may make it harder to get hired, keep a job, or advance in a career, especially in fields involving children, healthcare, finance, transportation, public safety, or professional trust.

Professional Licensing Issues: Nurses, teachers, real estate agents, commercial drivers, therapists, attorneys, pilots, contractors, and other licensed professionals may be required to report criminal charges or convictions to a licensing board. Even a misdemeanor may trigger discipline, investigation, suspension, or denial of a license.

Housing Difficulties: Landlords may deny rental applications based on criminal history. This can make it harder to secure housing, particularly if the conviction involved violence, drugs, theft, property damage, or domestic violence.

Education Consequences: A misdemeanor conviction may affect school discipline, scholarships, internships, clinical placements, student housing, or entry into certain academic programs.

Driver’s License Consequences: DUI, DWAI, traffic misdemeanors, and certain drug-related offenses may lead to driver’s license suspension, revocation, points, interlock requirements, or increased insurance costs.

Firearm Restrictions: Certain misdemeanor convictions, especially those involving domestic violence or protection orders, may affect a person’s ability to possess firearms under state or federal law.

Immigration Consequences: For non-citizens, some misdemeanor convictions can create serious immigration problems. These may include deportation, denial of admission, denial of naturalization, or other immigration consequences.

Family Law Consequences: A misdemeanor conviction may be raised in divorce, custody, or visitation proceedings, especially when the case involves domestic violence, child abuse, substance abuse, harassment, or threats.

Reputation Damage: A criminal charge can damage a person’s reputation even before the case is resolved. Public records, online court searches, and background checks can make it difficult to move forward.

Future Sentencing Issues: A misdemeanor conviction can also be used against a person in future cases. Prior convictions may increase penalties, affect plea negotiations, or cause a later offense to be charged more seriously.

Frequently Asked Questions

Can you go to jail for a misdemeanor in Colorado?
Yes. Many misdemeanor charges in Colorado can result in county jail time. The possible sentence depends on the charge, the class of misdemeanor, the facts of the case, and the person’s criminal history.

Is a misdemeanor serious in Colorado?
Yes. A misdemeanor is less serious than a felony, but it is still a criminal offense. A conviction can lead to jail time, fines, probation, a criminal record, employment problems, housing issues, and professional licensing consequences.

What is the difference between a misdemeanor and a felony in Colorado?
A felony is generally more serious and can carry a prison sentence. A misdemeanor usually carries lower penalties and is typically punished by time in county jail rather than prison. However, both can create long-term consequences.

Can a misdemeanor be dismissed in Colorado?
In some cases, yes. A misdemeanor case may be dismissed if the evidence is weak, the person’s rights were violated, witnesses are unavailable, or the prosecutor agrees to dismissal as part of a negotiated resolution.

Can a misdemeanor be sealed in Colorado?
Some misdemeanor records may be eligible for sealing, depending on the charge, the outcome of the case, and how much time has passed. Certain offenses may have stricter sealing rules or may not be eligible.

Do I need a lawyer for a misdemeanor charge?
Yes. Even a misdemeanor can affect your record, job, license, housing, and future opportunities. A criminal defense attorney can help protect your rights, challenge the evidence, and work toward the best possible outcome.

Additional Resources

The following Colorado statutes and legal resources may be relevant for misdemeanor criminal cases:

Colorado Misdemeanor Sentencing – C.R.S. § 18-1.3-501 – This statute explains Colorado’s misdemeanor classifications and the general sentencing ranges for Class 1 and Class 2 misdemeanors.

Colorado Judicial Branch – The Colorado Judicial Branch provides information about Colorado courts, court locations, case records, forms, and general court procedures.

Colorado County Courts – County courts generally handle misdemeanor criminal cases, traffic offenses, protection orders, civil cases under a certain dollar amount, and other lower-level matters.

Colorado Bureau of Investigation Records Information – The Colorado Bureau of Investigation provides resources related to criminal history records and background checks.

Hire a Misdemeanor Criminal Defense Attorney in Denver, Colorado

Misdemeanor charges should never be ignored. Even if the offense does not carry the same level of punishment as a felony, a conviction can still result in jail time, fines, probation, loss of rights, and damage to your future.

Call now at (303) 725-0017 to set up your first consultation free of charge.

Matthew Martin accepts clients throughout the greater Denver area and surrounding counties, including Douglas County, Broomfield County, Jefferson County, Adams County, and Arapahoe County.