Misdemeanors

Under Colorado Law, certain criminal charges are deemed "misdemeanor" charges. As opposed to felony charges, misdemeanors do not carry a possible sentence to imprisonment in the Department of Corrections. Colorado classifies misdemeanor charges into three classes. A Class 1 Misdemeanor carries a possible sentence between 6 and 18 months in the county jail. Some Class 1 Misdemeanors are considered "extraordinary risk" misdemeanors and those charges carry a possible sentence to imprisonment in the county jail of 6 to 24 months. Class 2 misdemeanors carry a possible sentence of 3 to 12 months in the county jail. Class 3 misdemeanors carry a possible sentence of 0 to 6 months in the county jail. Misdemeanors may also be punished by fines.

For those who are convicted of a misdemeanor offense, the sentence may be a sentence to probation instead of jail, but may require extensive negotiation with the District Attorney as well as a persuasive argument made to the Judge overseeing the case. Having legal advice and representation from a licensed attorney to assist in arguing for probation instead of jail can be invaluable.

Those charged with misdemeanor cases will have their cases heard in the county court, rather than the district court, and jury trials are typically held in front of 6 jurors instead of 12, as in felony cases. Generally, the rules of evidence, statutes and criminal procedure that apply in misdemeanor cases also apply in felony cases, so navigating through a misdemeanor case can be just as difficult as a felony case. Having an experienced attorney can help simplify the process and ensure that your rights are protected.

In Colorado, some examples of misdemeanor cases are: 3rd Degree Assault, Harassment, Criminal Mischief (Less than $1,000), Theft (Less than $1,000), 2nd Degree Trespass, Tampering, Unlawful Sexual Contact, Resisting Arrest, and many other offenses.