Being charged with any type of crime is stressful, confusing, and even overwhelming. Of course, not all criminal charges are equally serious. The Colorado Crime Classification Guide divides criminal charges into different “classes” based on their severity. The two broad categories: 1) Misdemeanors (less serious) and 2) Felonies (more serious). At Bruno Lilly LeClere, PLLC, we take on the full range of criminal cases. Within this article, our Colorado criminal defense lawyer provides a detailed explanation of the key points to know about the differences between felonies and misdemeanors.
What is a Misdemeanor in Colorado?
In Colorado, a misdemeanor is a criminal offense that is less severe than a felony but more serious than a mere infraction (non-criminal traffic violation). The specific categories of misdemeanor in our state are as follows:
- Class 3 Misdemeanors: Class 3 misdemeanors in Colorado are the least severe misdemeanor offenses. A conviction carries penalties of up to six months in jail and/or fines up to $750. Examples include criminal trespassing on residential premises and shoplifting items valued under $50. While always a possibility, jail time is often avoidable in these cases.
- Class 2 Misdemeanors: Class 2 misdemeanors in Colorado are more severe than Class 3 and can result in penalties of three to twelve months in jail and/or fines between $250 and $1,000. For example, third-degree assault, which involves knowingly or recklessly causing bodily injury to another person, is a Class 2 misdemeanor offense in Colorado.
- Class 1 Misdemeanors: The most serious type of misdemeanor offense, a Class 1 misdemeanor in Colorado carries penalties of six to 18 months in jail and/or fines of $500 to $5,000. Some notable examples include second-degree assault, DUI with excessive blood alcohol levels, and a second-time DUI offense.
It would be a big mistake to assume that a misdemeanor is not a big deal. All classes of misdemeanor carry the potential for jail. If you are facing any type of charge, contact our Colorado misdemeanor attorney for immediate help with your case.
What is a Felony in Colorado?
A felony is the most serious type of criminal offense in Colorado. All felony charges carry the potential of one year or more in state prison. Felony charges are broken down into six different categories under Colorado state law:
- Class 6 Felonies: Class 6 felonies in Colorado are the least severe felony offenses. The penalty ranges are 12 to 18 months in prison and fines from $1,000 to $100,000. Some examples of Class 6 felony include possession of a controlled substance and forgery. Prosecutors often, but not always, seek prison time in Class 6 felony cases.
- Class 5 Felonies: Class 5 felonies can result in penalties of one to three years in prison and fines between $1,000 and $100,000. An example of a Class 5 felony in Colorado is insurance fraud involving significant sums of money. Indeed, a number of different white-collar offenses are handled as Class 5 felonies.
- Class 4 Felonies: Class 4 felonies in Colorado are punishable by two to six years in prison and fines ranging from $2,000 to $500,000. Some of the most notable examples of Class 4 felony offenses in our state include vehicular assault (serious injury) and vehicular manslaughter. Prosecutors often seek serious prison time in these cases.
- Class 3 Felonies: Class 3 felonies carry penalties of four to twelve years in prison and fines between $3,000 and $750,000. Two of the most common examples of charges that are handled as Class 3 felony offenses are second-degree assault causing serious bodily injury and aggravated robbery.
- Class 2 Felonies: Class 2 felonies in Colorado can result in 8 to 24 years in prison and fines from $5,000 to $1,000,000. An example of a charge that can be brought as a Class 2 felony offense in Colorado is burglary of a residence. These are very serious cases and the state will almost invariably seek a substantial prison sentence.
- Class 1 Felonies: Class 1 felonies are the most serious offenses in Colorado. A conviction for a Class 1 felony can carry a maximum sentence of life imprisonment. Our state abolished the death penalty in 2020—so that is no longer a potential sentence.
All felonies are very serious criminal offenses. You do not want a felony conviction on your record. If you are facing any type of charge, please do not delay: Contact an experienced Colorado felony attorney as soon a possible.
The Key Differences Between Felonies and Misdemeanors in Colorado
The specific classification of a criminal charge makes a difference. Notably, whether you are facing a misdemeanor or a felony is important. Here are key reasons why:
- Penalties (Prison Time): Felony offenses not only carry additional potential prison time, but prosecutors are far more likely to seek incarceration as a penalty.
- Probation Options: Misdemeanor offenses often have considerable options for probation. That is not always the case with felony offenses.
- Second Amendment Rights: While most misdemeanor offenses do not affect Second Amendment rights, convicted felons typically cannot possess a firearm in Colorado.
- Expungement Potential: It is far easier to get a misdemeanor conviction expunged in Colorado than a felony conviction. Indeed, many felonies can never be expunged.
Why Rely On Our Colorado Felony and Misdemeanor Defense Attorney
Facing a criminal charge is stressful. Whether it is a felony or a misdemeanor, it is imperative that you take immediate action to protect your rights, freedom, and future. Our founder Havilah Louise Bruno Lilly and partner Andrew LeClere are experienced Colorado criminal defense lawyers who always put the rights and interests of clients first. We take on the full range of criminal cases in Colorado—from first-time Class 3 misdemeanors to the most serious Class 1 felonies.
Set Up a Confidential Consultation With Our Colorado Criminal Defense Lawyer Today
At Bruno Lilly LeClere, PLLC, we are justice-focused law that provides personalized legal guidance and support to clients. If you have any questions about a misdemeanor charge or a felony charge, our attorneys are more than ready to help. Contact us now for your completely private, no obligation initial consultation. With law offices in Fort Collins and Greeley, we defend both misdemeanor charges and felony charges throughout all of Northern Colorado.