
Colorado Springs Misdemeanor Lawyers — Misdemeanor Defense in El Paso County
A misdemeanor conviction in Colorado Springs is not a minor matter. It carries up to 364 days in jail, fines, probation, and a permanent criminal record that appears in background checks for employment, housing, and professional licensing. For military personnel and defense contractors in Colorado Springs, a misdemeanor conviction — particularly for an offense involving violence, dishonesty, or controlled substances — can also affect security clearances and military career advancement in ways that far exceed the civilian sentence. Burnham Law’s Colorado Springs misdemeanor defense attorneys take every case seriously and fight for dismissal, diversion, and the best available outcome.
Meet our Colorado Springs criminal defense team below — attorneys experienced in misdemeanor defense throughout El Paso County.




Misdemeanor Charges in Colorado
Colorado classifies misdemeanors into three classes. Class 1 misdemeanors — the most serious — carry up to 364 days in county jail and up to $1,000 in fines. They include offenses like assault causing bodily injury, first-offense DUI, theft between $300 and $750, and driving under restraint. Class 2 misdemeanors carry up to 120 days in jail and up to $750 in fines, covering offenses like harassment, reckless driving, and criminal mischief in the $300–$750 range. Class 3 misdemeanors carry lesser penalties and include lower-level traffic and minor offenses.
For Colorado Springs’ significant military population, the collateral consequences of misdemeanor convictions can be far more severe than the criminal sentence itself. Misdemeanor domestic violence convictions trigger the Lautenberg Amendment’s permanent federal firearm prohibition — which disqualifies military personnel from carrying service weapons and effectively ends their military career. Misdemeanor theft or dishonesty convictions can affect security clearance adjudications significantly. Misdemeanor drug convictions can affect clearance eligibility and certain occupational specialties. We address these military-specific consequences in every misdemeanor defense for Colorado Springs clients.
Even for non-military Colorado Springs residents, misdemeanor convictions have real and lasting consequences. Healthcare workers, teachers, financial professionals, and many other licensed professionals face specific misdemeanor disqualifiers from licensing boards. A conviction for an offense involving violence, sexual misconduct, theft, or dishonesty can affect virtually any employment involving trust. The stakes in misdemeanor cases are higher than the charge level suggests, which is why our defense investment matches the stakes.
What Our Colorado Springs Misdemeanor Defense Attorneys Do
Evaluate dismissal and suppression: Misdemeanor charges are sometimes filed on insufficient evidence, one-sided accounts of disputed incidents, or in circumstances where constitutional violations make the evidence inadmissible. We evaluate every case for suppression motions and dismissal options from the first day.
Pursue diversion for eligible clients: El Paso County has diversion programs for eligible misdemeanor defendants — particularly first-time offenders facing non-violent charges. Successful completion results in dismissal without a conviction. We identify eligibility early and advocate effectively for our clients’ acceptance into diversion.
Negotiate military-consequence-aware plea agreements: When dismissal or diversion is not available, we negotiate plea agreements with explicit attention to military career and security clearance consequences — structuring outcomes to avoid the specific legal triggers that create the most serious military career harm.
Try cases when the evidence supports it: Some misdemeanor cases should go to trial — when the evidence is weak, when constitutional violations affected the case, or when the client has a strong factual defense. We try misdemeanor cases in El Paso County when that is the right strategy.
Advise on collateral consequences: Beyond the sentence, we advise Colorado Springs clients — civilian and military — on the specific collateral consequences of a misdemeanor conviction in their circumstances, and structure defense strategy to minimize those consequences as much as possible.
How Misdemeanor Cases Work in El Paso County
Misdemeanor cases in Colorado Springs are typically handled in El Paso County Court (the county court level) for offenses at or below the Class 1 misdemeanor level that are not connected to felony charges. The process begins with an arraignment, proceeds to a pre-trial conference where potential resolution is discussed, and moves to trial if no resolution is reached. Most misdemeanor cases in El Paso County resolve at or before the pre-trial conference stage.
El Paso County has diversion programs for eligible defendants — typically first-time offenders charged with appropriate non-violent misdemeanors. The diversion program involves a period of supervision with specific requirements, at the successful completion of which the charge is dismissed. Identifying eligibility and advocating for acceptance into diversion is one of the most valuable defense actions on a misdemeanor case for eligible clients.
Cases that don’t resolve through diversion or plea go to trial. Misdemeanor trials in El Paso County follow Colorado’s Rules of Criminal Procedure. The prosecution must prove every element beyond a reasonable doubt. For Class 1 and 2 misdemeanors, the defendant has the right to a jury trial.
Why Burnham Law for Misdemeanor Defense in Colorado Springs
Military career consequence expertise. Colorado Springs’ military community makes misdemeanor defense a higher-stakes practice here than in most Colorado cities. We understand the Lautenberg Amendment implications, the security clearance adjudication standards, and the specific military career consequences that flow from different types of misdemeanor convictions — and we factor all of that into defense strategy.
Diversion program knowledge. We know El Paso County’s diversion programs and how to advocate effectively for our clients’ acceptance. Diversion is often the best available outcome for eligible first-time misdemeanor defendants.
Taking misdemeanors seriously. Many defense attorneys treat misdemeanor cases as routine. We don’t — because the consequences of a misdemeanor conviction in Colorado Springs are anything but routine, particularly for the significant portion of our client base connected to the military community.
El Paso County court knowledge. We appear regularly in El Paso County courts on misdemeanor matters and understand how the local DA’s office approaches these cases and what the realistic range of outcomes is for specific charges and fact patterns.
Frequently Asked Questions — Colorado Springs Misdemeanor Defense
Can a misdemeanor conviction affect a military career in Colorado Springs?
Yes — significantly, depending on the offense. A misdemeanor domestic violence conviction triggers the Lautenberg Amendment’s permanent federal firearm prohibition, which disqualifies military personnel from carrying service weapons and effectively ends their career. Misdemeanor theft, fraud, or dishonesty convictions can materially affect security clearance adjudications. Misdemeanor drug convictions can affect clearance eligibility and occupational specialty qualifications. Even offenses that seem minor in the civilian context can have career-ending consequences for military personnel. We address these implications explicitly in every misdemeanor defense for Colorado Springs military clients.
What is Colorado’s diversion program for misdemeanors?
Colorado’s misdemeanor diversion program — available in El Paso County for eligible defendants — allows first-time or appropriate low-level offenders to complete a supervision period with specific requirements (community service, classes, counseling, or other conditions depending on the offense) in exchange for dismissal of the charge upon successful completion. Diversion avoids a conviction, preserves the ability to seek record sealing, and in many cases provides a genuinely better outcome than any plea agreement available for the same charge.
What misdemeanor convictions cannot be sealed in Colorado?
DUI and DWAI convictions cannot be sealed in Colorado regardless of their age. Class 1 misdemeanor traffic offenses are not sealable. Convictions for offenses involving unlawful sexual behavior have sealing restrictions. Beyond these specific categories, most other misdemeanor convictions can be sealed after applicable waiting periods — 2 years for Class 2 and 3 misdemeanors, 3 years for Class 1 misdemeanors — following completion of the sentence.
Can I get a misdemeanor dismissed in El Paso County?
Yes. Misdemeanor charges are dismissed in El Paso County through pretrial suppression motions, successful diversion program completion, the DA’s decision not to prosecute, and acquittal at trial. The availability of each route depends on the specific charge, the facts, and the defendant’s history. For first-time defendants on non-violent charges, diversion leading to dismissal is a realistic and frequently achieved outcome with the right defense counsel.
What misdemeanor charges are most common in Colorado Springs?
The most common misdemeanor charges we handle in Colorado Springs include DUI and DWAI, domestic violence-designated assault and harassment, theft and shoplifting, trespass, criminal mischief, disorderly conduct, drug possession, driving under restraint or revocation, and harassment. Each charge has its own elements, defenses, and range of potential outcomes — and each carries its own specific implications for military career and security clearance in Colorado Springs’ unique community context.
Schedule a Consultation with a Colorado Springs Misdemeanor Lawyer
A misdemeanor charge in Colorado Springs deserves serious defense — particularly for the military and defense contractor community where the collateral consequences can be career-ending. Burnham Law’s Colorado Springs misdemeanor defense attorneys will fight for the best available outcome in your case.
Call (303) 990-5308 or schedule a confidential consultation online. We defend misdemeanor charges throughout El Paso County.