Colorado Misdemeanor Classes

Steve Prager
Written By: Attorney Steve Prager

Colorado’s legal system classifies offenses into two main categories: felonies and misdemeanors. Misdemeanors, being less severe than felonies, still carry consequences that can impact individuals’ lives.

Misdemeanors in Colorado are categorized into two classes, ranging from Class 1 to Class 2. The classification is based on the nature and severity of the offense, with Class 1 being the most serious and Class 2 being the least severe. Previously, there were three types of misdemeanors. Some older cases may still carry Class 3 misdemeanor penalties.

The penalties for misdemeanors are as follows:

Class 1 Misdemeanor

  • Serious misdemeanors, e.g. assault in the third degree
  • Up to 18 months in jail
  • Fines up to $5,000

Class 2 Misdemeanor

  • Moderate offenses, e.g. theft
  • Up to 12 months in jail
  • Fines up to $1,000

Class 3 Misdemeanor

  • Lesser offenses, e.g. low level criminal mischief
  • Up to 6 months in jail
  • Fines up to $750

The potential penalties for misdemeanors in Colorado include incarceration and fines. However, it’s crucial to note that these are general guidelines, and the actual sentencing may vary based on case specifics, the presence of aggravating or mitigating factors, and the discretion of the judge.

Aggravating factors, such as a prior criminal record, may lead to harsher penalties, while mitigating factors, like cooperation with law enforcement or genuine remorse, may result in a more lenient sentence. These can include:

  1. Prior Criminal Record:
    • A history of prior convictions, especially for similar offenses, may be considered an aggravating factor. Individuals with a repeated pattern of criminal behavior may face more severe penalties.
  2. Use of Violence:
    • If the misdemeanor offense involves the use of violence or the threat of violence, it can be viewed as an aggravating factor. Acts such as assault or domestic violence may lead to harsher consequences.
  3. Victim Impact:
    • The impact of the misdemeanor on the victim may be considered when determining the severity of the sentence. If the victim suffered significant harm or emotional distress, it could be deemed an aggravating factor.
  4. High Level of Discretion:
    • If the offense involved a high level of discretion or planning, it may be considered an aggravating factor. This could apply to crimes where the defendant exhibited a deliberate intent to commit the offense.
  5. Violation of Probation or Court Orders:
    • If the individual was on probation or subject to court orders at the time of committing the misdemeanor, the violation of such orders can be an aggravating factor, leading to increased penalties.
  6. Resistance or Obstruction of Law Enforcement:
    • Resisting arrest or obstructing law enforcement officers in the performance of their duties can be considered an aggravating factor, leading to additional charges and increased penalties.

In addition to incarceration and fines, Colorado’s legal system often emphasizes alternatives such as community service and probation for misdemeanor offenses. These alternatives aim to rehabilitate individuals and reintegrate them into society while addressing the underlying issues that may have contributed to the offense.

At Prager Law, we have the experience to help you through these serious allegations.

Steve Prager

Steve Prager

Criminal Defense Attorney, Founder at Prager Law

Steve Prager is criminal defense attorney and founder of Prager Law, a Denver-based criminal defense firm with a focus on domestic violence defense. A former prosecutor who once led the domestic violence unit in El Paso County, Steve brings a modern, strategic approach to every case—drawing from nearly a decade of experience on both sides of the courtroom. A fourth-generation Denver native, Steve is committed to protecting the rights of the accused with energy, empathy, and an unwavering belief in justice.