Misdemeanors and Felonies in Colorado

How Colorado Organizes Criminal Charges

Colorado sorts nearly every offense into one of a few ladders, from most serious to least serious:

• Felonies, classes 1 through 6. Class 1 is the most serious and class 6 is the least. A felony conviction can mean state prison, and it carries lasting consequences for gun rights, housing, employment, and immigration status.
• Drug felonies, levels DF1 through DF4. Since 2013, most drug crimes have lived on their own ladder with their own sentencing rules, set out in C.R.S. 18-1.3-401.5.
• Misdemeanors, classes 1 and 2. These are punishable by county jail time, not prison. Drug misdemeanors, DM1 and DM2, form a parallel track.
• Petty offenses. Minor crimes with a maximum of 10 days in jail.
• Civil infractions. These are not crimes at all. The penalty is a fine, and there is no jail exposure.

A major reform law, Senate Bill 21-271, took effect on March 1, 2022. It collapsed what used to be three misdemeanor classes into two, reduced two levels of petty offenses to one, created the civil infraction category, and reclassified hundreds of individual offenses. Because of that law, and earlier changes to felony sentencing, the date of the alleged offense matters. The ranges on this page apply to current offense dates. Older conduct can be governed by older ranges, which is one of the first things we check in any case.

A few offenses are unclassified, meaning the statute that creates the crime sets its own penalty instead of borrowing from the class system. DUI is the most common example. Its penalties come from its own statutes rather than from the misdemeanor grid.

Felony Classes and Sentencing Ranges

For most felonies, C.R.S. 18-1.3-401 sets a presumptive range, which is the window a judge normally sentences within if the court orders a prison sentence, plus a fine range and a period of mandatory parole. A prison sentence is not always required: for many felonies the court can order probation, community corrections, or another sentence instead, and the ranges below describe the exposure when prison is imposed. Mandatory parole is supervision that follows prison and is added on top of the prison term, not carved out of it. The figures below apply to offenses committed on or after July 1, 2018, and are current as of August 16, 2026.

Colorado repealed the death penalty in 2020, so a class 1 felony now carries life in prison.

When the range moves

• Aggravated and mitigated sentencing. If a judge finds extraordinary aggravating circumstances, the top of the range can double. Extraordinary mitigation can cut the bottom in half. Certain facts, such as being on parole or probation at the time of the offense, require an aggravated sentence.
• Crimes of violence. Offenses charged under Colorado's crime of violence statute, C.R.S. 18-1.3-406, require a prison sentence in a higher range. For example, a class 2 crime of violence carries 16 to 48 years with 5 years of parole.
• Extraordinary risk crimes. Some offenses, like second degree assault, carry an increased maximum under C.R.S. 18-1.3-401(10).
• Proposition 128. Voters approved this measure in November 2024. For certain violent crimes committed on or after January 1, 2025, a person must serve at least 85 percent of the prison sentence before becoming eligible for parole.
• Habitual criminal charges. Prior felony convictions can multiply a sentence under Colorado's habitual offender statutes.

Prison is not automatic for most felonies. Probation, community corrections, and deferred judgments are possible outcomes in many class 3 through class 6 cases, depending on the charge and the person's history.

Drug Felonies and Drug Misdemeanors

Drug crimes use their own classification ladder under C.R.S. 18-1.3-401.5 and C.R.S. 18-1.3-501. Each drug felony level has a presumptive range and a higher aggravated range that applies when specific circumstances exist, such as committing the offense while on bond, probation, or parole. The figures below are current as of August 16, 2026.

A level 1 drug felony is the only drug offense that requires a prison sentence. For lower levels, probation and treatment based sentencing are common, and Colorado law favors treatment in many possession cases.

For drug misdemeanors committed on or after March 1, 2020, sentencing is built around probation and treatment first, with jail as a backstop rather than the starting point. A level 1 drug misdemeanor carries up to 2 years of probation, and a level 2 carries up to 1 year. The jail figures below are the ceilings.

Since a 2019 reform law, simple possession of up to 4 grams of most schedule I and II controlled substances is a level 1 drug misdemeanor rather than a felony, with jail limits and a strong tilt toward probation for first and second offenses. Fentanyl is the major exception. Possession of more than 1 gram of a substance containing fentanyl can be charged as a level 4 drug felony under a 2022 law. Selling, manufacturing, and distributing controlled substances remain felonies, with the level driven mostly by drug quantity.

Misdemeanors, Petty Offenses, and Civil Infractions

For offenses committed on or after March 1, 2022, C.R.S. 18-1.3-501 sets these maximums. Misdemeanor sentences are served in county jail, not prison, and there is no mandatory parole afterward.

Two details worth knowing:

• The 364 day maximum is deliberate. Federal immigration law treats a conviction with a possible sentence of one year or more far more harshly. Colorado capped class 1 misdemeanors at 364 days partly to protect noncitizens from automatic deportation consequences.
• A misdemeanor is still a criminal conviction. It appears on background checks, and some misdemeanors, such as those involving domestic violence, carry federal firearm consequences. Sealing may be available later for many convictions, and we can talk through eligibility in a consultation.

Common Colorado Charges by Category

Below is a reference list of frequently charged Colorado offenses and their typical classification. Many of these move up or down based on facts like injury, weapon use, dollar value, drug quantity, or prior record, so treat these as starting points, not certainties.

Offenses against a person

• First degree murder, C.R.S. 18-3-102: class 1 felony.
• Second degree murder, C.R.S. 18-3-103: class 2 felony.
• Manslaughter, C.R.S. 18-3-104: class 4 felony.
• Criminally negligent homicide, C.R.S. 18-3-105: class 5 felony.
• First degree assault, C.R.S. 18-3-202: class 3 felony, usually charged as a crime of violence.
• Second degree assault, C.R.S. 18-3-203: class 4 felony in most forms.
• Third degree assault, C.R.S. 18-3-204: class 1 misdemeanor.
• Menacing, C.R.S. 18-3-206: class 1 misdemeanor, or a class 5 felony if a deadly weapon is involved.
• Second degree kidnapping, C.R.S. 18-3-302: felony, commonly class 4, rising with aggravating facts.
• Robbery, C.R.S. 18-4-301: class 4 felony.
• Aggravated robbery, C.R.S. 18-4-302: class 3 felony.
• Stalking, C.R.S. 18-3-602: class 5 felony, class 4 on repeat or when a protection order is in place.
• Domestic violence, C.R.S. 18-6-800.3: not a standalone charge. It is a label attached to an underlying crime that adds consequences, including firearm restrictions and mandatory treatment.
• Child abuse, C.R.S. 18-6-401: ranges from a misdemeanor to a class 2 felony depending on injury and mental state.

Property crimes

• First degree arson, C.R.S. 18-4-102: class 3 felony.
• First degree burglary, C.R.S. 18-4-202: class 3 felony.
• Second degree burglary, C.R.S. 18-4-203: class 4 felony, class 3 if the building is a dwelling or the object is a controlled substance.
• Third degree burglary, C.R.S. 18-4-204: breaking into safes, vaults, or coin operated machines. Once a felony, it is now a class 2 misdemeanor for current offense dates, or a class 1 misdemeanor if the objective is a controlled substance.
• First degree criminal trespass, C.R.S. 18-4-502: class 1 misdemeanor for entering another person's dwelling, rising to a class 6 felony if the dwelling is inhabited or occupied. Entering a motor vehicle with intent to commit a crime inside is a class 1 misdemeanor.
• Criminal mischief, C.R.S. 18-4-501: property damage, graded by dollar amount from a petty offense to a class 2 felony on the same value ladder as theft.

Theft and fraud

Theft under C.R.S. 18-4-401 is graded by the value of what was taken. As of August 16, 2026: under $300 is a petty offense, $300 to under $1,000 is a class 2 misdemeanor, $1,000 to under $2,000 is a class 1 misdemeanor, $2,000 to under $5,000 is a class 6 felony, $5,000 to under $20,000 is a class 5 felony, $20,000 to under $100,000 is a class 4 felony, $100,000 to under $1,000,000 is a class 3 felony, and $1,000,000 or more is a class 2 felony.

• Motor vehicle theft, C.R.S. 18-4-409: rewritten by a 2023 law. Stealing a car is now a felony regardless of the vehicle's value. Third degree is a class 5 felony, second degree a class 4 felony, and first degree a class 3 felony.
• Forgery, C.R.S. 18-5-102: class 5 felony.
• Identity theft, C.R.S. 18-5-902: class 4 felony.
• Fraud by check, C.R.S. 18-5-205: graded by amount, misdemeanor to felony.

Drug offenses

• Possession of schedule I or II substances up to 4 grams, C.R.S. 18-18-403.5: level 1 drug misdemeanor, with the fentanyl exception described above.
• Possession of more than 1 gram of a fentanyl compound: level 4 drug felony.
• Distribution or manufacturing, C.R.S. 18-18-405: drug felony, level driven by quantity, from DF3 for small amounts up to DF1 for large quantities or sales to minors.
• Marijuana: adults 21 and over may possess up to 2 ounces. Public consumption and possession beyond legal limits remain chargeable, mostly at the petty offense and misdemeanor levels.

Weapons offenses

• Possession of a weapon by a previous offender, C.R.S. 18-12-108: class 5 felony in most firearm cases.
• Prohibited use of weapons, C.R.S. 18-12-106: misdemeanor, including handling a firearm while intoxicated.
• Illegal discharge of a firearm, C.R.S. 18-12-107.5: class 5 felony.
• Unlawfully carrying a concealed weapon, C.R.S. 18-12-105: misdemeanor.

Sex offenses

These charges carry consequences beyond the standard grid, including sex offender registration and, for many felonies, indeterminate sentencing under the Lifetime Supervision Act, C.R.S. 18-1.3-1004, which means the top of the sentence can be open ended.

• Sexual assault, C.R.S. 18-3-402: class 4 felony at baseline, rising to class 3 or class 2 with force or other aggravating facts.
• Unlawful sexual contact, C.R.S. 18-3-404: class 1 misdemeanor, or a class 4 felony if compelled by force.
• Sexual assault on a child, C.R.S. 18-3-405: class 4 felony, class 3 with a pattern of abuse or other aggravators.
• Sexual exploitation of a child, C.R.S. 18-6-403: felony, commonly class 3.
• Indecent exposure, C.R.S. 18-7-302: class 1 misdemeanor, felony on repeat convictions.

Public order offenses

• Disorderly conduct, C.R.S. 18-9-106: petty offense in most forms, misdemeanor when a weapon is displayed.
• Obstructing a peace officer, C.R.S. 18-8-104: class 2 misdemeanor.
• Resisting arrest, C.R.S. 18-8-103: class 2 misdemeanor.
• Violation of a protection order, C.R.S. 18-6-803.5: class 1 misdemeanor when a criminal protection order is violated.
• False reporting, C.R.S. 18-8-111: class 2 misdemeanor in most forms.

Traffic crimes

• DUI and DWAI, C.R.S. 42-4-1301: unclassified misdemeanors with their own penalty scheme for the first three offenses. A fourth DUI is a class 4 felony, as is a DUI causing serious injury charged as vehicular assault.
• Vehicular assault, C.R.S. 18-3-205: class 5 felony if reckless, class 4 felony if committed while under the influence.
• Vehicular homicide, C.R.S. 18-3-106: class 4 felony if reckless, class 3 felony if committed while under the influence.
• Vehicular eluding, C.R.S. 18-9-116.5: class 5 felony, rising with injury or death.
• Leaving the scene of an accident, C.R.S. 42-4-1601: traffic misdemeanor for property damage, class 4 felony with serious bodily injury, class 3 felony with death.
• Reckless driving, C.R.S. 42-4-1401: class 2 misdemeanor traffic offense.

Municipal Offenses

Not every charge comes from state law. Colorado cities and towns have their own ordinances, and violations of those ordinances are prosecuted in municipal court rather than county or district court. Common examples include municipal shoplifting, trespass, assault and battery ordinances, and disturbing the peace.

Municipal cases can feel smaller, but they are real cases. Depending on the city, they can carry fines, probation, and in some cities jail, and a municipal case still creates a record that can follow you. The rules, penalties, and procedures vary city by city, which is exactly why they deserve real attention.

We handle municipal cases as well. For more on how these courts work, see our municipal offenses page.

What a Classification Means for Your Case

The class attached to a charge tells you the outer boundaries, but it does not decide the outcome. Most Colorado criminal cases resolve short of the maximum, through dismissal, reduction to a lower class, deferred judgments, probation, or treatment based sentencing. The classification also controls practical questions: felonies are handled in district court while most misdemeanors are handled in county court, felony charges begin with different procedural rights, and eligibility for record sealing later depends heavily on the level of the conviction.

If you or someone you love is facing a charge, the first steps are understanding exactly what class the charge is, whether any enhancer applies, and what realistic outcomes look like. We defend people facing charges at every level of this system, and we are glad to walk through those questions with you. Reach out to set up a consultation.