5 Most Common Colorado Misdemeanor Charges & Penalties (2025 Guide)

Facing misdemeanor charges in Colorado can be overwhelming, especially when you’re unsure about the potential consequences and your legal options. While misdemeanors are less serious than felonies, they still carry significant penalties and long-term implications that can affect your employment, housing, and personal relationships.

This comprehensive guide examines Colorado’s current misdemeanor classification system and the most frequently prosecuted misdemeanor offenses across the state. Understanding these charges and their potential consequences is the first step toward protecting your future.

Colorado’s Current Misdemeanor Classification System

Understanding Colorado’s current criminal charges classification system is essential, as it differs significantly from the difference between felonies and misdemeanors in other states. Colorado underwent significant changes to its misdemeanor classification system in 2022.

Current Classification Structure (Effective March 1, 2022)

Class 1 Misdemeanors:

• Maximum penalty: 364 days imprisonment and/or fine up to $1,000
• Extraordinary Risk: up to 18 months of imprisonment.

Class 2 Misdemeanors:

• Maximum penalty: 120 days imprisonment and/or fine up to $750

Drug Misdemeanors (Special Categories):

• Level 1 Drug Misdemeanor (DM1): Up to 18 months imprisonment and/or $5,000 fine
• Level 2 Drug Misdemeanor (DM2): Up to 364 days imprisonment and/or $750 fine
• Longer jail sentences possible for repeat offenders. 

Important Note: The previous three-class system (Class 1, 2, and 3) applies only to offenses committed before March 1, 2022. The streamlined two-class system now governs all new cases.

Don’t face these charges alone. If you’re dealing with any criminal charges in Colorado, consulting with an experienced criminal defense attorney can make a significant difference in protecting your rights and achieving the best possible outcome.

What Are Common Misdemeanors Charged in Colorado?

The Five Most Frequently Prosecuted Misdemeanor Charges

1. Driving Under the Influence (DUI) – Unclassified Misdemeanor

DUI remains one of the most common misdemeanor charges in Colorado, with law enforcement conducting regular checkpoints and targeted enforcement campaigns throughout the state.

Legal Definition:

• Operating a motor vehicle while impaired by alcohol, drugs, or a combination of both. 

Current Penalties for First Offense:

• Five days to one year in jail (10-day minimum if BAC is .20% or higher)
• Fines ranging from $600 to $1,000
• 48-96 hours of community service
• Mandatory alcohol education and treatment programs
• Driver’s license suspension
• Potential ignition interlock device requirement

Long-term Consequences:

• Career implications for professional license holders like healthcare workers, commercial drivers, and educators
• Increased insurance premiums
• Possible housing complications
• Potential immigration consequences for non-citizens

If you’re facing DUI charges, consulting with an attorney who specializes in Colorado DUI defense is crucial for protecting your driving privileges and minimizing long-term consequences.

2. Domestic Violence-Related Charges 

Domestic violence is not a standalone crime but a designation that can be applied to various underlying offenses when they occur between current or former intimate partners.

Common Underlying Charges:

• Third-degree assault (Class 1 misdemeanor)
• Harassment (Class 2 misdemeanor under current system)
• Criminal mischief (Class 1 or 2 misdemeanor depending on damage amount)
• Violation of protection orders (Class 1 or 2 misdemeanor)

Unique Aspects of Domestic Violence Cases:

• Mandatory arrest policies when probable cause exists
• Automatic temporary restraining orders issued upon filing
• No-contact provisions that can affect housing and child custody
• Prosecutors may proceed even without victim cooperation
• Potential firearm restrictions under federal law

The complexity of domestic violence cases often involves underlying charges like third-degree assault, requiring specialized legal expertise.

Why These Cases Require Specialized Defense: The intersection of criminal law and family dynamics makes domestic violence cases particularly complex. Even seemingly minor charges can have far-reaching consequences.

3. Theft Offenses (Under $2,000) – Class 1 or 2 Misdemeanor

Theft charges encompass a wide range of conduct, from shoplifting to employee theft, and the penalties vary based on the value of the property involved.

Classification by Value:

• Under $300: Class 2 misdemeanor
• $300 to $2,000: Class 1 misdemeanor
• Over $2,000: Felony charges apply

Common Theft Scenarios:

• Retail theft (shoplifting)
• Theft from employers
• Taking property from vehicles
• Identity theft involving smaller amounts
• Receiving stolen property

Professional and Personal Impact: Theft convictions can be particularly damaging for individuals in positions of trust, including those in finance, healthcare, education, and retail management. Many employers conduct background checks, and theft convictions often result in immediate termination or disqualification from employment.

4. Harassment – Class 1 or 2 Misdemeanor

Harassment charges often arise from situations that individuals don’t initially recognize as criminal conduct, including workplace disputes, neighbor conflicts, and relationship disagreements.

Potential Legal Elements:

• Striking, shoving, kicking, or otherwise subjecting another person to physical contact
• Following someone in a public place
• Repeatedly attempting to communicate with someone who has made it clear they don’t want contact
• Making threats or using obscene language in public

Modern Applications:

• Social media interactions and online communications
• Text message exchanges during relationship breakups
• Workplace conflicts that escalate beyond normal disagreements
• Neighbor disputes involving unwanted contact

Defense Considerations: Many harassment cases involve First Amendment considerations, particularly when speech is involved. The distinction between protected expression and criminal harassment can be subtle but legally significant.

5. Drug Possession Offenses – Level 1 or 2 Drug Misdemeanors

Despite marijuana legalization in Colorado, drug-related misdemeanor charges remain common, particularly for possession of controlled substances and violations of marijuana regulations.

Current Drug Possession Classifications:

• Level 1 Drug Misdemeanor: Up to 180 days jail for first offense, up to 364 days for third or subsequent offense
• Level 2 Drug Misdemeanor: Up to 120 days jail for first offense, up to 180 days for third or subsequent offense

Common Drug-Related Charges:

• Possession of controlled substances (cocaine, heroin, methamphetamine)
• Marijuana possession exceeding legal limits
• Public consumption of marijuana
• Possession of drug paraphernalia
• Prescription drug violations

Colorado’s approach to drug crime defense has evolved significantly, making experienced legal representation essential for navigating current statutes.

Special Considerations for Fentanyl Cases: Colorado law recognizes the high risk of addiction and death associated with fentanyl, carfentanil, benzimidazole opiate, or any analog thereof, requiring special education and treatment procedures even for misdemeanor-level possession.

Geographic Variations in Prosecution Approaches

Colorado’s judicial districts vary significantly in their approach to misdemeanor prosecution, making local legal knowledge crucial for effective defense.

Denver Metro Area (Denver, Arapahoe, Douglas, and Jefferson Counties)

• High case volume leads to structured plea negotiation processes
• Specialized courts for DUI and domestic violence cases
• Generally more resources for alternative sentencing programs
• Strict DUI prosecution
• Well-resourced prosecutor’s office

Southern Colorado or More Rural Areas: (El Paso; Pueblo; Fremont; Teller Counties):

• Conservative prosecution approach
• Limited flexibility in plea negotiations
• Strong emphasis on punishment over rehabilitation
• Limited diversion program availability

Collateral Consequences of Misdemeanor Convictions

The penalties imposed by the court represent only the beginning of the consequences following a misdemeanor conviction.

Employment Impact

• Background checks reveal convictions to potential employers
• Professional licenses may face suspension or revocation proceedings
• Security clearances can be affected or denied
• Certain industries have zero-tolerance policies for specific offenses

Housing Consequences

• Rental applications commonly include criminal background checks
• Public housing eligibility may be affected
• Homeowners insurance rates can increase
• Mortgage applications may face additional scrutiny

Educational Opportunities

• College admissions processes often inquire about criminal history
• Financial aid eligibility can be impacted by drug convictions
• Professional school applications require disclosure of criminal history

Personal Relationships

• Child custody arrangements may be modified
• Immigration status can be affected for non-citizens
• Professional and social reputation damage
• Restrictions on firearm ownership

Alternative Sentencing and Diversion Programs

Some Colorado counties offer programs designed to help first-time offenders avoid  long-term consequences.

Deferred Judgment and Sentence

This program allows defendants to complete probation successfully in exchange for dismissal of charges. Upon successful completion, defendants can sometimes seal their records.

Pretrial Diversion Programs

These programs allow defendants to complete community service, counseling, or educational classes before trial. Successful completion typically results in the dismissal of charges. 

Specialized Problem-Solving Courts

• DUI Court: Intensive supervision and treatment for repeat DUI offenders
• Domestic Violence Court: Specialized approach focusing on accountability and behavior change
• Mental Health Court: Treatment-focused approach for defendants with mental health issues
• Veterans Court: Specialized services for military veterans

Drug Court Programs

Colorado’s drug court system provides intensive supervision and treatment instead of traditional jail sentences, recognizing that drug use and possession is primarily a health concern.

Building an Effective Defense Strategy

Building an effective defense requires understanding the burden of proof in criminal cases and evaluating whether plea bargaining serves your best interests. Successful misdemeanor defense requires understanding both the specific elements of the charged offense and the broader context of the defendant’s life and circumstances.

Case Evaluation Factors

• Strength of the prosecution’s evidence
• Potential constitutional violations during investigation or arrest
• Availability of alternative explanations for the defendant’s conduct
• Defendant’s criminal history and personal circumstances
• Collateral consequences specific to the defendant’s situation

Common Defense Strategies

• Constitutional Challenges: Unlawful searches, improper stops, Miranda violations
• Factual Disputes: Challenging the prosecution’s version of events
• Lack of Intent: Demonstrating the absence of criminal intent
• Self-Defense: Applicable in some cases like assault and harassment 
• Necessity: Unusual circumstances that justified otherwise illegal conduct

Negotiation Considerations

Not every case should proceed to trial, but premature plea negotiations can result in unnecessarily harsh outcomes. Effective defense counsel evaluates:

• Likelihood of success at trial
• Potential sentences following conviction
• Availability of alternative sentencing options
• Client’s personal and professional circumstances
• Prosecutor’s willingness to negotiate

Record Sealing

Colorado’s record sealing process allows individuals to limit public access to their criminal records under certain circumstances. Issues surrounding sealing are often very complex. The process usually requires that a motion be filed with the Court, and sometimes requires a Court hearing. 

Benefits of Record Sealing

• Limited public access to criminal records
• Ability to legally deny the existence of sealed records in most contexts
• Improved employment and housing opportunities
• Restored eligibility for certain professional licenses

Protecting Your Rights: Essential Steps After an Arrest

Immediate Actions

1. Exercise your right to remain silent – Anything you say can be used against you
2. Request an attorney immediately – Do not attempt to handle the case yourself
3. Avoid discussing your case – This includes conversations with cellmates, family members on recorded jail calls, and social media posts
4. Comply with all bond conditions – Violations can result in additional charges and bond revocation

Common Mistakes to Avoid

• Attempting to explain your side of the story to law enforcement
• Waiting to hire an attorney until after the first court appearance
• Missing court dates or failing to comply with bond conditions
• Discussing the case on social media or with friends and family
• Assuming a misdemeanor charge is not serious enough to warrant legal representation

The Importance of Experienced Legal Representation

Misdemeanor cases involve complex legal and procedural issues that can significantly impact the outcome. Experienced defense counsel provides:

Legal Expertise

• Understanding of current Colorado statutes and case law
• Knowledge of local court procedures and practices
• Experience with prosecutors and judges in the relevant jurisdiction
• Ability to identify and pursue constitutional challenges

Strategic Advantage

• Evaluation of all available defense options
• Negotiation of favorable plea agreements when appropriate
• Preparation for trial when necessary
• Coordination with expert witnesses and investigators

Personal Advocacy

• Protection of client’s rights throughout the process
• Guidance through complex legal procedures
• Advocacy for alternative sentencing options
• Support through the stress and uncertainty of criminal prosecution

Frequently Asked Questions

Q: Should I represent myself in a misdemeanor case? A: Self-representation in criminal cases is strongly discouraged. The procedural rules are complex, prosecutors are experienced attorneys, and the consequences of conviction can be severe. Even attorneys hire other attorneys when they face criminal charges.

Q: Will a misdemeanor conviction appear on background checks? A: Yes, misdemeanor convictions typically appear on background checks unless the record has been sealed. Many employers, landlords, and licensing boards conduct background checks that reveal misdemeanor convictions.

Q: How long does a misdemeanor case typically take to resolve? A: The timeline varies significantly based on case complexity, court schedules, and whether the case goes to trial. Simple cases may resolve in 2-4 months, while complex cases or those proceeding to trial can take 8-12 months or longer.

Q: Can I get a misdemeanor conviction removed from my record? A: Colorado allows record sealing for eligible misdemeanor convictions. The process requires meeting specific criteria and waiting periods, but successful sealing significantly limits public access to criminal records.

Q: What should I do if I’m contacted by law enforcement about a potential charge? A: Contact an attorney immediately before speaking with law enforcement. You have the right to remain silent and the right to an attorney, and exercising these rights cannot be used against you in court.

Still have questions about your specific situation? Speaking with an experienced attorney who understands Colorado’s misdemeanor laws can provide the personalized guidance you need to protect your rights and future.

Conclusion: Taking Action to Protect Your Future

Misdemeanor charges in Colorado carry serious consequences that extend far beyond the immediate penalties imposed by the court. The most common charges—DUI, domestic violence-related offenses, theft, harassment, and drug possession—each present unique legal challenges and potential long-term consequences.

Understanding Colorado’s current legal framework is essential, but it’s only the first step. Effective defense requires experienced legal representation that can navigate the complexities of the criminal justice system while protecting your rights and interests.

Colorado’s misdemeanor classification system, which was significantly revised in 2022, reflects the state’s evolving approach to criminal justice. However, these changes also create additional complexity for individuals facing charges and their attorneys.

If you’re facing misdemeanor charges in Colorado, don’t navigate this complex process alone. Contact an experienced Colorado misdemeanor attorney who can protect your rights and explore all available options for your case. Time is often critical, as bond conditions, protection orders, and procedural deadlines can all significantly impact your case.

Remember that every case is unique, and the information provided here is for educational purposes only. For specific legal advice regarding your situation, consult with an experienced Colorado criminal defense attorney who can evaluate your case and provide personalized guidance based on your circumstances.

This article is for educational purposes only and does not constitute legal advice. Laws and procedures can change, and each case involves unique facts and circumstances. If you are facing criminal charges, contact an experienced attorney immediately for personalized legal advice.