If you have been charged with a crime in Colorado, one of the first things you will want to know is whether it is classified as a felony or a misdemeanor. This distinction carries major implications for the potential penalties you face if convicted. Understanding the key differences between felonies and misdemeanors can help you better comprehend the seriousness of the criminal charges against you.
In Colorado criminal law, offenses are divided into three categories based on severity – felonies, misdemeanors, and petty offenses/infractions. Felonies are the most serious criminal charges, carrying potential prison time and harsher sentences. Misdemeanors are less serious crimes that are typically punishable by fines or short jail sentences. Infractions, or petty offenses, are the least serious category of crimes that generally only incur a small fine as punishment.
Felony Charges Are the Most Serious Criminal Offenses
A felony charge is a criminal offense that Colorado law classifies as the most serious type of crime. Felonies are major crimes that are punishable by imprisonment for over one year. They also carry the possibility of heavy fines and restitution payments.
Some examples of felony charges in Colorado include:
- Murder
- Manslaughter
- Arson
- Robbery
- Burglary
- Kidnapping
- Aggravated assault and battery
- Rape and other sex offenses
- Major drug crimes like distribution and trafficking
- Grand theft
- Fraud and identity theft
- Vehicular homicide
If convicted of a felony offense, you face serving time in a state prison rather than jail. Prison terms can range from one year up to life in prison without parole, depending on the crime and whether there are aggravating factors involved. Felony convictions also result in losing certain rights, like voting, owning a firearm, and holding public office. If you’re facing a felony conviction, you should reach out to an experienced felony defense lawyer as soon as possible for assistance.
Misdemeanors Are Less Serious Criminal Charges
Misdemeanors categorize crimes that Colorado law views as less severe than felonies. They are punishable by shorter jail terms, usually under one year, and smaller fines. Misdemeanors are still criminal offenses that should be taken seriously, but the consequences are not as extreme as felonies.
Some common misdemeanor charges in Colorado include:
- Petty theft and shoplifting
- Low-level drug possession
- DUI and DWI
- Simple assault and battery
- Disorderly conduct
- Trespassing
- Reckless driving
- Public intoxication
- Solicitation
Misdemeanor convictions can still negatively impact your life. Possible penalties include up to one year in jail, fines up to $2,650, probation, and a criminal record. But misdemeanors do not result in prison time or loss of rights like voting. If you’re facing a misdemeanor conviction, you should reach out to an experienced misdemeanor defense lawyer as soon as possible for assistance.
Infractions
Infractions, also called petty offenses, are minor violations of the law that are not criminal offenses. Examples of infractions include minor traffic violations and ordinance violations.
Infractions are punishable by fines but do not carry any jail time. They also do not result in a criminal record, but may leave you with points on your driving record for traffic-related offenses.
Key Difference Between A Misdemeanor And A Felony
Here are some key differences between felonies and misdemeanors:
| Felonies | Misdemeanors | |
| Potential Sentence | Over 1 year in state prison | Up to 1 year in county jail |
| Fines | Up to $1,000,000+ | Up to $2,650 |
| Loss of Rights | Voting, gun ownership, holding office | None |
| Prosecution Level | State courts | State or local courts |
| Use of Grand Jury | Required | Not required |
| Statute of Limitations | Longer period | Shorter period |
| Sex Offender Registration | Required for some crimes | Not required |
| Impact on Record | Very detrimental | Less severe but still damaging |
| Defense Strategy | Aggressive to avoid conviction | Seek charge reductions or dismissals |
How are Crimes Classified as Misdemeanors or Felonies?
Several key factors determine whether a criminal offense will be charged as a felony or misdemeanor in Colorado.
- The inherent seriousness of the crime. Violent offenses and major property crimes are almost always felonies. Minor, non-violent crimes tend towards misdemeanors.
- Statutory classification of the offense. The Colorado Criminal Code assigns felony or misdemeanor status to different crimes.
- Defendant’s criminal history. Repeat offenses often lead prosecutors to upgrade charges to felonies.
- Use of a weapon. Offenses committed using a gun, knife or other weapon are more likely to be charged as felonies.
- Value of property stolen or damaged. Major theft or destruction over $20,000 will likely be a felony.
- Injury to victims. Crimes that cause serious bodily injury or death will almost always be felonies.
- Prosecutor’s discretion. Prosecutors have leeway to charge certain crimes as misdemeanors or felonies.
- Aggravating factors. Things like criminal gang involvement, vulnerability of victims, cruelty, planning, etc. can make misdemeanors into felonies.
Sentencing Differences Between Felonies and Misdemeanors in Colorado
The classification of an offense as a misdemeanor or felony has a huge influence on the potential punishment if convicted.
For felony convictions, sentencing in Colorado depends on the felony class:
- Class 1 felonies – Life in prison or death penalty. Murders, kidnappings, violent assaults, etc.
- Class 2 felonies – 8 to 24 years in prison. Robberies, major frauds, sex assaults, vehicular homicide, etc.
- Class 3 felonies – 4 to 16 years in prison. Burglaries, drug distribution, unlawful sexual contact, etc.
- Class 4 felonies – 2 to 8 years in prison. Some assaults, arson, identify thefts, etc.
- Class 5 felonies – 1 to 4 years in prison. Many drug possession charges, minor burglaries, computer crimes etc.
- Class 6 felonies – 1 year to 2 years in prison. Some drug charges, third degree assault, etc.
Misdemeanor sentences in Colorado are much lower:
- Class 1 misdemeanors – 6 to 24 months jail, up to $5,000 fine
- Class 2 misdemeanors – 3 to 12 months jail, up to $1,000 fine
- Class 3 misdemeanors – Up to 6 months jail, up to $750 fine
Defendants sentenced to a year or more in prison will serve their time in a state correctional facility. Jail terms under a year are served in a local county jail. Fines are typically imposed on all classes and levels of offenses. Probation periods, community service, therapy, and other conditions may also be part of a sentence.
Long-Term Consequences of Felony and Misdemeanor Convictions
Beyond just prison time and fines, there are many long-lasting consequences that come with a criminal conviction in Colorado. These collateral consequences tend to be much more severe and damaging for felony convictions compared to misdemeanors.
Felony convictions permanently strip away many civil rights and privileges. People convicted of Colorado felonies may lose their rights to:
- Vote or hold public office
- Serve on a jury or be a court witness
- Possess firearms
- Certain professional licenses and employment opportunities
- Public housing and government assistance
- Federal student financial aid
Felony convictions also create lifelong barriers to jobs, housing, education, government benefits, financial services, and much more. Even applications for things like bank accounts or apartment leases can be denied due to a person’s criminal record.
While less extreme than felonies, misdemeanor convictions can still carry lasting consequences. Certain careers may be limited, such as finance, medicine, law, education, military, or childcare. Misdemeanors can impact credit scores, increase insurance costs, and hurt housing or loan applications.
Let Right Law Criminal Defense Lawyer Defend Your Rights
The Right Law Group has years of experience defending clients charged with misdemeanors and felonies in Colorado. Our skilled Colorado Springs criminal defense attorneys will thoroughly review the details of your case and help you understand the best options to mitigate penalties or avoid conviction altogether.
