You’re charged with a misdemeanor-what does that mean?

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 were previously categorized into three classes, ranging from Class 1 to Class 3. The classification is based on the nature and severity of the offense, with Class 1 being the most serious and Class 3 being the least severe.

The penalties for misdemeanors are as follows:

Class 1 Misdemeanor

Serious misdemeanors, e.g. assault in the third degree

Up to 18 months

Up to $5,000

Class 2 Misdemeanor

Moderate offenses, e.g. theft

Up to 12 months

Up to $1,000

Class 3 Misdemeanor

Lesser offenses, e.g. low level criminal mischief

Up to 6 months

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. Contact us today!