What Is the Difference Between a Misdemeanor and a Felony in Colorado?
If you’ve been arrested or charged with a crime in Colorado, one of the first questions you’ll face is whether the offense is classified as a misdemeanor or a felony. At first glance, the difference may seem like a matter of severity — and in many ways, it is. But there’s much more to it than that.
Understanding this distinction is key to building a smart, strategic criminal defense in Colorado. The type of charge you’re facing will impact your legal options, possible penalties, future record, and even your freedom.
Let’s break it down clearly and simply — and help you understand why this classification matters so much.
Misdemeanor vs. Felony: The Basics
In Colorado, criminal charges are grouped into three main categories:
- Petty offenses (the least serious)
- Misdemeanors
- Felonies (the most serious)
The major differences between misdemeanors and felonies involve:
- Potential penalties
- Where the case is handled
- Long-term consequences
- Eligibility for certain plea deals or diversion programs
Getting the right criminal defense in Colorado early in the process can mean the difference between a short-term setback and a life-altering consequence.
What Is a Misdemeanor in Colorado?
Misdemeanors are mid-level criminal offenses. They’re more serious than petty offenses like traffic violations but less serious than felonies.
Examples of common misdemeanors:
- Shoplifting under $2,000
- First-time DUI
- Simple assault or harassment
- Minor drug possession
- Disorderly conduct
In Colorado, misdemeanors are classified as either Class 1 or Class 2:
- Class 1 Misdemeanor: Punishable by up to 364 days in county jail and/or a fine up to $1,000
- Class 2 Misdemeanor: Punishable by up to 120 days in county jail and/or a fine up to $750
While jail time is possible, many first-time offenders qualify for probation or alternative sentencing.
But don’t be fooled: A misdemeanor conviction can still result in a permanent criminal record, job loss, and immigration consequences. That’s why taking it seriously — and hiring an attorney focused on criminal defense in Colorado — is so important.
What Is a Felony in Colorado?
Felonies are the most serious criminal charges. They often involve violence, significant financial loss, or harm to others. Felony cases are handled in district court and carry far more severe penalties than misdemeanors.
Examples of felonies:
- Burglary
- Drug trafficking
- Sexual assault
- Aggravated assault
- Robbery
- Homicide
Felonies in Colorado are divided into six classes, with Class 1 being the most serious.
- Class 1 Felony: Life in prison or the death penalty (e.g., first-degree murder)
- Class 2 Felony: 8–24 years in prison and fines up to $1 million
- Class 3 Felony: 4–12 years in prison
- Class 4–6 Felonies: 1–6 years in prison depending on the class
Some felonies are “extraordinary risk” offenses and carry enhanced sentencing. If you’re facing a felony charge, your entire future may be on the line — this is when strong, strategic criminal defense in Colorado is critical.
Key Differences Between Misdemeanors and Felonies
Your legal strategy will differ drastically depending on the charge. That’s why speaking to an attorney experienced in criminal defense in Colorado right away is crucial.
What Happens If Your Charge Is Upgraded from a Misdemeanor to a Felony?
Even after you serve your sentence, a criminal conviction can follow you for years — or even a lifetime. But the impact of a felony is much more severe.
Felony consequences:
- Permanent loss of firearm rights
- Ineligibility for certain professional licenses
- Loss of voting rights while incarcerated
- Barriers to employment and housing
- Immigration consequences, including deportation
- Restrictions on travel and military service
Misdemeanor consequences:
- Criminal record
- Difficulty securing jobs in sensitive industries
- Loss of gun rights (for certain domestic violence misdemeanors)
- Mandatory treatment, education, or monitoring
While both are serious, a felony conviction can significantly limit your opportunities long after your court case ends. The right criminal defense in Colorado helps you avoid the harshest penalties and work toward a second chance.
Can You Seal or Expunge a Misdemeanor or Felony?
Yes — in some cases. Colorado allows record sealing for certain misdemeanors and felonies if:
- Enough time has passed since your sentence was completed
- You meet eligibility criteria
- You have not reoffended
But not all crimes can be sealed. Serious felonies, crimes involving violence, or sexual offenses may be ineligible.
An attorney experienced in criminal defense in Colorado can help you explore your options and file the proper motions if you’re eligible to clear your record.
Real-Life Scenario: Why the Classification Matters
A young man in Denver was arrested for stealing a laptop from a car — a crime originally charged as a felony due to the value of the property. His attorney discovered that the laptop was overvalued and successfully negotiated the charge down to a misdemeanor.
That downgrade kept the man out of prison, allowed him to keep his job, and avoided the lifelong stigma of a felony conviction.
Had he tried to handle the case alone, he likely would have accepted a plea to a felony — all because he didn’t know his options.
This is the power of a strong criminal defense in Colorado.
What to Do If You’re Facing Charges
If you’ve been arrested or charged with any crime, don’t try to classify it yourself or assume it’s not serious. Even a misdemeanor can derail your future. The smartest move is to speak with an experienced criminal defense attorney who can:
- Review your charges and possible penalties
- Determine whether your case is a misdemeanor or felony
- Identify ways to reduce or dismiss charges
- Protect your rights throughout the legal process
From the first hearing to the final decision, having the right criminal defense in Colorado gives you a fair shot at justice.
What to Do Next
Charged with a crime in Colorado? Whether it’s a misdemeanor or felony — you need to act now.
- Call today for a free consultation
- Get a personalized case review and defense plan
- Protect your future with experienced legal representation
Meet Dion Custis: A Criminal Defense Lawyer in Colorado Who Knows How to Win
For over 30 years, Dion J. Custis has fought for people just like you — individuals facing criminal charges and unsure of what comes next. Licensed in both Colorado and Wyoming, he’s handled thousands of cases in state and federal courtrooms, including:
- Felony assault charges
- Self-defense claims
- Allegations involving police officers
- Complex, high-stakes trial cases.
You don’t need to know the law. You need a criminal defense lawyer who knows how to use the law to protect you.
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Start Building Your Defense Now — While You Still Have Time
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