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Misdemeanor

In Colorado, there are several classifications for misdemeanor crimes that are punishable by up to 18 months in county or local jail and/or up to $5,000. If you have been charged with misdemeanor assault, drug or traffic charges, contact Burnham Criminal Defense  immediately.

Misdemeanors in Colorado may be designated as class 1, 2, or 3, or unclassified. In addition, Colorado treats traffic and drug misdemeanors differently from other misdemeanor crimes. 

CLASS 1 MISDEMEANORS

A class 1 misdemeanor is the most serious type of misdemeanor in Colorado. Class 1 misdemeanors are punishable by six to eighteen months in jail, a fine of $500 to $5,000, or both. Examples of class 1 misdemeanors in Colorado include: indecent exposure, defacing a firearm and property theft (where the property is valued between $750-$2000).

CLASS 2 MISDEMEANORS

A class 2 misdemeanor carries a possible jail term of three months to 364 days, a fine of between $250 and $1,000, or both. Examples of class 2 misdemeanors include: theft of property (worth $300 – $750), keeping a place of prostitution, and resisting arrest. 

CLASS 3 MISDEMEANORS

Class 3 misdemeanors are the least serious misdemeanors under Colorado’s laws, punishable by up to six months in jail, a fine of $50 to $750, or both. Examples of class 3 misdemeanors include: disorderly conduct, harassment, and unlawful possession or use of a driver’s license. 

UNCLASSIFIED MISDEMEANORS

In Colorado, unclassified misdemeanors typically have different possible jail sentences and maximum fines as provided for in the laws that define the crimes. However, if a statute designates a crime as a misdemeanor but fails to classify it and set a penalty for it, the offense is punishable by up to 364 days in jail, a fine of as much as $1,000, or both. 

DRUG MISDEMEANORS

Colorado law divides drug misdemeanors into level 1 and level 2. Level 1 drug misdemeanors are punishable by between six and eighteen months in jail, a fine of between $500 and $5,000, or both. A level 2 drug misdemeanor conviction can result in up to 364 days in jail, $50 to $750 in fines, or both. 

TRAFFIC MISDEMEANORS

Traffic misdemeanors are divided into class 1 and class 2. A class 1 traffic misdemeanor carries a sentence of ten days to one year in jail, $300 to $1,000 in fines, or both. Class 2 traffic misdemeanors carry a sentence of ten to ninety days in jail, $150 to $300 in fines, or both. 

Statutes of Limitations

statute of limitations is a time period during which the state must begin criminal prosecution. Charging a case after the statute has “run” enables the defendant to move to have the case dismissed. In Colorado, the state typically must begin prosecution of misdemeanors within 18 months of the date on which the crime is committed. Traffic misdemeanors, however, have a one-year statute of limitations. 

Getting The Legal Representation You Need

All criminal convictions, even misdemeanor convictions for seemingly trivial crimes, have serious consequences. If you are charged with any crime, talk to an experienced Burnham Criminal Defense attorney about your case. An attorney can explain the charges you are facing, how the assigned judge and prosecutor are likely to handle your case, and what to expect in court. An attorney can also determine what defenses apply in your case and how to present the strongest arguments to protect your rights and achieve the best possible outcome.

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JP
Prentiss

Partner

Boulder

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