Colorado Felony vs Misdemeanor in Colorado: What It Means for You

Learn What is At Stake in Your Case if You Are Facing Criminal Charges in Colorado

Understanding the Colorado felony vs misdemeanor distinction is essential, while misdemeanors are generally considered less serious offenses, felony convictions and misdemeanor convictions can both lead to steep penalties. Having a criminal record (misdemeanor or felony) can negatively impact your life in many other ways as well. Learn more about the potential penalties (and other consequences) you are facing from Colorado criminal defense lawyer J.B. Katz.

If you have been charged with a crime under Colorado law, it is important to make sure you know what is at stake in your case. Are you facing time in county jail? Or, are you facing a lengthy prison sentence? Will your charge become eligible for expungement? Or, will a conviction stay on your record indefinitely?

The answers to these questions depend, in part, on whether you have been charged with a misdemeanor or a felony. While misdemeanors and felonies both have serious legal consequences in Colorado, misdemeanors are generally less serious crimes. With that said, misdemeanor convictions can still have life-altering legal consequences, so it is critical to execute an informed defense strategy with the help of an experienced criminal defense attorney.

Felony Charges in Colorado

Felonies are serious criminal offenses. Compared to misdemeanors, felonies carry longer prison sentences—including life imprisonment in some cases. Felony convictions can result in other severe penalties as well, including substantial fines and mandatory parole, among others.

Whether prosecutors can pursue felony charges depends on the specific allegations involved in your case. For example, while simple drug possession is typically a misdemeanor, if you are being accused of drug trafficking, you could be facing the potential consequences of a felony conviction. In cases involving assault and other violent crimes, causing serious bodily injury and other aggravating factors can lead to your criminal cases being handled as a felony prosecution as well.

Colorado has six classes of felonies (along with four separate classes of drug felonies). Class 6 felonies are the lowest level and carry a potential sentence of 12 to 18 months of prison time, a $1,000 to $100,000 fine, and one year of mandatory parole. Class 1 felonies are the highest level and carry the potential for life behind bars.

Misdemeanor Charges in Colorado

As discussed above, while misdemeanors are less serious than felonies and generally carry lighter penalties, a misdemeanor conviction can still negatively impact your life for years to come.  In Colorado, misdemeanors are classified as follows:

Class 1 Misdemeanors

Class 1 misdemeanors carry up to 364 days of jail time and a $1,000 fine.

Class 2 Misdemeanors

Class 2 misdemeanors carry up to 120 days of jail time and a $750 fine.

Drug Misdemeanors

Drug misdemeanors carry jail time of up to 18 months and up to a $5,000 fine.

Additional Consequences of a Criminal Conviction in Colorado

In both felony and misdemeanor cases, convictions can lead to other consequences as well. Additional consequences of a criminal conviction (misdemeanor or felony) in Colorado can include:

• Your conviction will show up on background checks and limit your future opportunities
• You could face professional licensing action
• Your conviction could negatively impact your personal relationships
• Your conviction could negatively impact your immigration status (if you are a non-U.S. citizen)
• Your prior record could increase the penalties you will face for a future arrest (including higher fines and increased jail or prison time)

From mistaken identity to self-defense to violations of your civil rights, you may have various defenses available. Depending on the circumstances of your case, you could be eligible for deferred judgment or other options for avoiding a conviction as well. Due to the long-term consequences you are facing, you owe it to yourself to fight your case by all means available, and this starts with putting an experienced defense lawyer on your side.

FAQs: Facing Charges in Colorado Criminal Court

What are Colorado’s misdemeanor classes?

Colorado currently has two classes of misdemeanor offenses that cover disorderly conduct, petty theft, simple assault, and other petty offenses. Colorado law establishes two classes of misdemeanor drug offenses as well.

Is domestic violence a misdemeanor or felony in Colorado?

Allegations of domestic violence can lead to misdemeanor or felony charges depending on the circumstances involved. If you have a prior criminal history (i.e., prior convictions for domestic violence), this can impact the severity of the charges you are facing as well.

Can I face jail time for a drug misdemeanor in Colorado? What about a drug felony?

Yes, drug misdemeanors and drug felonies both carry the potential for jail (or prison) time in Colorado’s legal system. As a result, if you have been charged with a drug crime in Colorado, you need an experienced attorney who can help you effectively navigate the legal process.

Request a Free Consultation with Experienced Criminal Defense Attorney J.B. Katz

Do you have a court date scheduled in Colorado? If so, attorney J.B. Katz can help, but it is important that you get in touch promptly. Call 970-485-2261 or contact us online to request a free and confidential consultation today.