We defend people accused of all criminal charges in Colorado, including the following:
In Colorado there are three categories of criminal charges: petty offenses, misdemeanor offenses, and felony offenses.
Petty Offenses in Colorado – Laws & Penalties
Petty offenses are the least serious of criminal charges, but still carry the potential for jail time and a mark on your criminal record.
Class 1 Petty offenses carry a potential sentence of 6 months in jail and fines up to $500.
Class 2 Petty offenses are sentenced according to the charge. This means that if you are charged with a Class 2 petty offense, the law concerning that particular offense will dictate your sentence. Maximum punishments are typically less than that of class 1 petty offenses.
Colorado Misdemeanor Offenses
Slightly more serious than petty offenses, misdemeanors bring longer jail terms and heftier fines.
| Misdemeanor Classifications | Penalties – Fines | Penalties – Jail |
| Class 1 Misdemeanor | $500- $5,000 | 6- 18 months |
| Class 2 Misdemeanor | $250- $1,000 | 3 months- 1 year |
| Class 3 Misdemeanor | $50 | Up to 6 months |
Common misdemeanor offenses we defend include:
- Simple Assault (3rd Degree Assault)
- Bad Checks (Fraud by check)
- Criminal Mischief (Defacing Property)
- Disorderly Conduct
- Domestic Assault
- Driving on a Suspended License
- Drug Possession
- Possession of Marijuana (having more than 1oz is still illegal!)
- DUI
- Failure to Appear in Court
- Harassment
- Hit & Run
- Shoplifting or Theft under $1000
- Unlawful Possession of Weapons
Colorado Felony Offenses
Felonies are the most serious of criminal offenses. Under Colorado law, felonies carry serious prison terms and fines
| Felony Classifications | Penalties – Fines | Penalties – Imprisonment |
| Class 1 Felony | Up to $1 million | Life Sentence- Death Penalty |
| Class 2 Felony | $5,000- $1 million | 8- 24 years |
| Class 3 Felony | $3,000- $750,000 | 4- 12 years |
| Class 4 Felony | $2,000- $500,000 | 2-6 years |
| Class 5 Felony | $1,000- $100,000 | 1-3 years |
| Class 6 Felony | $1,000- $100,000 | 1 year- 18 months |
Ref: CRS 18-1.3
Aside from what the statutes recommend the judge will also take your criminal history and other factors about you into consideration. That information is compiled in a pre-sentence report.
Common felony offenses we defend include:
- Assault, 1st & 2nd Degree
- Criminal Mischief, Destruction of property over $1000
- Drug Possession
- Drug Distribution, Sale, or Intent to Distribute
- DUI, Multiple Offense
- Forgery
- Hit & Run with Serious Injury
- Reckless Driving / Careless Driving
- Stalking
- Theft over $1000
- Possession of a Firearm by a Convicted Felon
- Violation of a Restraining Order
Colorado Criminal Sentencing
When the criminal process has run its course and you are ready for sentencing, you may be relieved to finally be getting some closure. However, depending on the charges you face, you may also be feeling apprehension about what comes next.
Several things are considered when determining your sentence. The judge will first look at the law and the offense you have been charged with. There are guidelines based on the class of the criminal offense – whether it is a petty offense, misdemeanor offense, or felony offense.
Presentence investigation and report
A probation officer employed by the state of Colorado will do an investigation on you, your past, and your offense and compile it for the judge. The presentence investigation will be completed through the use of interviews with you, your family and friends, and possibly even your victim.
The presentence report can include many things to aid in the sentencing decision. Some of those include:
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One of the most vital pieces of information on the presentence report, however, is the officer’s recommendation. While the judge is not required to follow the recommendation there is no doubt that it will be considered.
This recommendation is based on the officer’s experience in supervising people within the community. The officer may recommend you serve probation rather than prison time. Needless to say, the information in the presentence report is very important.
An experienced defense attorney can help show the judge why your sentence should be more lenient. We can even increase the chance that you will serve probation rather than active jail or prison time. Call today to discuss what sentencing day will look like for you and how we can help make your outcome a more positive one.