When facing a criminal charge, you may hear terms such as “felony,” “petty offense,” or “misdemeanor” without fully understanding their meanings. The differences may seem inconsequential yet can make a big difference in your future. Finding out the severity of your charge is the first step to knowing what you’re up against.
Understanding the differences between misdemeanor and felony charges in Colorado is essential for anyone facing criminal charges. The legal process can be complex and overwhelming, but knowing how Colorado law distinguishes between misdemeanors and felonies can help you better navigate the legal system, whether you’re facing charges yourself or supporting someone who’s been charged.
At Wolf Law LLC, we know that facing a charge and being unsure of the full repercussions can be frightening. Our law firm was founded on the belief that anyone accused, investigated, or facing criminal charges deserves an excellent and compassionate criminal defense.
Defining Misdemeanor and Felony Charges
In Colorado, criminal offenses are categorized as petty offenses, felonies, or misdemeanors. These categories reflect the severity of the offense and the potential legal penalties involved. While petty offenses are the least severe, often resulting in less substantial fines or shorter jail sentences, the other two types of charges are more serious.
Misdemeanor offenses may lead to time in county jail. Further incarceration in prison (rather than county jail) is not possible for misdemeanors. Additionally, some crimes that start out as misdemeanors can become felonies if repeated.
A felony conviction is the most serious and can result in community corrections sentences (sometimes called a “halfway house”), long prison sentences, or the worst-case scenario in Colorado, life imprisonment. Felonies include a wide range of serious crimes that often involve violence, significant property loss, or public endangerment. Some misdemeanor offenses may escalate to felonies if repeated or if aggravating factors are present.
Colorado Misdemeanors by Category
Misdemeanor offenses in Colorado are divided into the following groups: regular misdemeanors, drug misdemeanors, and traffic misdemeanors. Each is divided by severity into two classes, Class 2 being less severe.
Examples of misdemeanors in Colorado include criminal mischief, indecent exposure, unlawful use of a driver’s license, unlawful use of a controlled substance, petty theft, and some forms of domestic violence.
Regular misdemeanors
Class 2 misdemeanors in Colorado can mean penalties including:
- Up to 120 days in jail
- Fines of up to $750, and/or;
- Probation
Class 1 misdemeanor convictions can result in:
- Jail time of up to 364 days
- Fines ranging up to $1000, and/or;
- Probation
As for Class 1 misdemeanors subclassified as being of “extraordinary risk,” the jail sentence is to be increased by 6 months.
Drug misdemeanors
Class 2 drug misdemeanors carry the following penalties:
- Up to 12 months in jail
- Up to $750 in fines
- Probation, and/or;
- Community service
Class 1 drug misdemeanor penalties include:
- Up to 18 months in jail
- Up to $5000 in fines
- Probation and/or;
- Community service
Traffic misdemeanors
Class 2 traffic violations may incur:
- Up to 30 days in jail, and/or;
- Up to $300 in fines, and;
- DMV points on your driving record
Class 1 traffic misdemeanors have the following penalties:
- Up to 12 months in jail, and/or;
- Up to $1,000 in fines, and;
- DMV points on your driving record
Although these penalties may seem less severe compared to felony offenses, a misdemeanor sentence can still carry significant legal consequences. A permanent criminal record may limit employment opportunities, housing options, and your right to possess firearms.
The fact that an offense is classified as a misdemeanor speaks to its relative lack of seriousness when compared to felonies. If you are facing a misdemeanor and have questions, contact a compassionate criminal defense lawyer.
Felony Charges in Colorado by Type
Under Colorado law, there are 2 types of felonies. Felonies are subcategorized into 6 classes, while drug felonies have 4. Class 1 felonies are the most serious offenses.
Depending on the circumstances, felony cases can result in harsher penalties, especially for those with a prior criminal history. Class 1 felonies, such as first-degree murder, can result in life imprisonment, while lower classes of felonies may carry shorter prison sentences and smaller fines.
Felonies in Colorado are punishable by at least 1 year up to a maximum of life imprisonment. Penalties might also include:
- Loss of civil rights (gun ownership)
- Long-term probation or parole
- Hefty fines
- Permanent criminal record
- Mandatory counseling
Facing a felony can be extremely daunting. In these cases, it may be in your best interest to seek legal advice in order to increase your chances of more lenient sentencing. A qualified defense attorney can help you make the best of your situation and look for ways to improve your case’s outcome.
Colorado Misdemeanors and Felonies: Key Differences
While both misdemeanors and felonies are criminal in nature, their differences lie in the severity of the crime and the legal repercussions that follow. A felony is typically reserved for severe crimes involving serious bodily injury or a threat to public safety. Misdemeanors, on the other hand, tend to involve less serious conduct but can still lead to significant legal consequences.
The distinction is crucial because it affects whether you face county jail or state prison, whether you’re entitled to a 12 or 6 person jury trial, your eligibility for certain types of diversionary programs, and the long-term impact on your criminal record.
The legal process varies little depending on whether you are facing a misdemeanor or felony charge. For example, at arrest and booking, you are taken into custody. At arraignment, you are formally charged, depending on the severity of the offense. From initial appearance to pre-trial hearings, your trial or plea deal and sentencing will all depend on the legal options you choose to pursue.
Consequences of a Criminal Conviction
Both misdemeanor and felony convictions can come with lasting consequences. Beyond jail or prison time and legal penalties, individuals may face a damaged reputation, difficulty securing employment, limitations on professional licenses, travel restrictions, and even child custody issues.
Additionally, a criminal record, especially for felonies in Colorado, may follow you for life, limiting your future in ways many people don’t initially realize. Colorado law takes prior criminal history seriously. Repeated offenses often result in harsher penalties and fewer opportunities for reduced sentences.
This is particularly important for individuals with prior misdemeanor convictions who are later charged with felonies. The court may view this pattern as a reason to impose more severe sentences.
Wolf Law Wants to Help
The full-service criminal defense law firm of Wolf Law LLC has a team that understands the nuances of criminal law and has extensive experience in defending clients facing misdemeanor and felony charges. Whether you’re accused of a traffic violation, drug misdemeanor, or felony offense like sexual assault or aggravated robbery, having the right defense attorney backing you can mean the difference between a harsh sentence and a more favorable outcome.
The legal repercussions of both misdemeanor charges and felony offenses can reshape your life in profound ways. The legal process is a series of steps, much the same whether a charge is a misdemeanor or a felony. However, the outcome depends heavily on the skill and experience of your criminal defense team.
At Wolf Law LLC, we believe that all people deserve strong legal representation, fair treatment, and clarity in the legal proceedings they face. If you or a loved one is dealing with misdemeanor or felony charges, don’t wait to seek legal advice. Contact us today for trusted guidance and committed representation.
