In Colorado, crimes are categorized as felonies, misdemeanors, or petty offenses, with misdemeanors representing a middle tier of severity. While less serious than felonies, misdemeanor convictions can still lead to significant legal consequences, including jail time, fines, and a lasting criminal record.
Denver Lawyer for Misdemeanor Crimes
If you or someone you love has been charged with a misdemeanor crime in Colorado, you need to contact an experienced defense attorney immediately.
Contact the Law Office of Matthew A. Martin, P.C. today at (303) 725-0017 for a confidential consultation and take the first steps toward protecting your rights. Matthew Martin represents clients throughout the state of Colorado, including the city of Denver in Denver County, and the surrounding areas in the Front Range region including: Brighton in Adams County, Centennial and Littleton in Arapahoe County, Castle Rock in Douglas County, Golden in Jefferson County, and Boulder and Longmont in Boulder County.
Misdemeanor Convictions
Classification of Misdemeanors in Colorado
Colorado law divides misdemeanors into two primary classes based on the severity of the offense:
- Class 1 Misdemeanors: The most serious misdemeanor offenses, punishable by up to 364 days in jail and/or fines up to $1,000.
- Class 2 Misdemeanors: Less severe offenses, carrying penalties of up to 120 days in jail and/or fines up to $750.
Some offenses may also fall under an unclassified category, where penalties are defined by the specific statute governing the crime.
Penalties for Misdemeanor Convictions
Misdemeanor penalties vary based on the classification and circumstances of the offense. Courts may impose a combination of incarceration, fines, probation, community service, or mandatory treatment programs. Additional penalties may include:
- Probation: Some individuals may receive probation in place of jail time, subject to compliance with court-ordered conditions.
- Restitution: In cases where a victim suffered financial losses, the court may require the defendant to compensate them.
- Criminal Record Impact: A misdemeanor conviction can appear on background checks, affecting employment, housing, and professional licensing opportunities.
- Enhanced Penalties: Repeat offenses or crimes involving aggravating factors, such as domestic violence or DUI-related offenses, may result in harsher penalties.
Common Misdemeanor Offenses in Colorado
Some of the most frequently charged misdemeanors in Colorado include:
- Theft (under $2,000)
- Assault in the third degree
- Driving under the influence (DUI)
- Criminal mischief
- Domestic violence
- Stalking
- Disorderly conduct
- Minor drug possession
Each of these offenses carries specific legal consequences, and penalties may be influenced by prior convictions or aggravating circumstances.
Defenses Against Misdemeanor Charges
Several defense strategies may be available depending on the specifics of the case. Common defenses include:
- Lack of Evidence: The prosecution must prove guilt beyond a reasonable doubt. Insufficient or unreliable evidence may lead to a case dismissal or acquittal.
- Self-Defense: In cases involving assault or harassment, demonstrating that the actions were taken in self-defense or the defense of others may negate criminal liability.
- Mistaken Identity: If the defendant was wrongly accused due to misidentification or false allegations, presenting evidence such as alibi witnesses or surveillance footage can be key.
- Illegal Search and Seizure: If law enforcement violated constitutional rights during an arrest or investigation, evidence obtained unlawfully may be inadmissible in court.
- Plea Bargains: In some cases, negotiating a plea deal may result in reduced charges or penalties, avoiding the most severe consequences of a conviction.
Frequently Asked Questions
Can a misdemeanor conviction be expunged in Colorado?
Some misdemeanors may be eligible for record sealing after a waiting period, but others, such as those involving domestic violence or DUIs, cannot be sealed.
Will a misdemeanor appear on a background check?
Yes, a misdemeanor conviction typically appears on background checks and may impact employment and housing opportunities.
Can a misdemeanor conviction lead to jail time?
Yes, but not all misdemeanors result in incarceration. Judges may impose probation or alternative sentencing instead of jail time.
What happens if I fail to appear in court for a misdemeanor charge?
Failing to appear may result in a bench warrant for your arrest and additional charges.
Should I hire an attorney for a misdemeanor case?
Legal representation can help you understand your rights, build a strong defense, and potentially reduce penalties or have charges dismissed.
Hire an Attorney for Misdemeanor Convictions in Denver, Colorado
Misdemeanor convictions should still be taken seriously. Setting aside potential jail time and possible fines, misdemeanor convictions stick with you for a long time.
Contact the Law Office of Matthew A. Martin, P.C. today at (303) 725-0017 for a confidential consultation and take the first steps toward protecting your rights. Matthew Martin represents clients throughout the state of Colorado, including the city of Denver in Denver County, and the surrounding areas in the Front Range region including: Brighton in Adams County, Centennial and Littleton in Arapahoe County, Castle Rock in Douglas County, Golden in Jefferson County, and Boulder and Longmont in Boulder County.