Defending Your Rights, Protecting Your Freedom
Colorado Code of Criminal Penalties
In Colorado criminal law, crimes are classified in 3 ways: petty offenses, misdemeanors and felonies.
PETTY OFFENSES
The punishment for petty offenses in Colorado is up to 10 days in jail and/or a fine of up to $300. And the punishment for drug petty offenses is up to $100.
MISDEMEANORS
Class 1 misdemeanor Extraordinary Risk Crime | Up to 364 days in county jail and/or $1000 fine Up to 18 months in County jail |
Class 2 misdemeanor | Up to 120 days county jail and/or $750 fine |
Extraordinary Risk crimes are deemed to be more dangerous or harmful for society and public safety and therefore, have a harsher penalty.
The criminal offenses that fall into this category include:
- Assault in the 3rd degree
- Sexual Assault
- Sexual Assault in the 2nd degree
- Unlawful sexual contact
- Sexual Assault in the 3rd degree
- Child Abuse
- Second or subsequent violation of a protective order
- Misdemeanor failure to register as a sex offender
- Misdemeanor invasion of privacy for sexual gratification
If convicted of assault in the 3rd degree and the individual is a peace officer, emergency service provider, emergency medical care provider, or firefighter engaged performing official duties, maximum prison term is doubled. If convicted of assault in the 3rd degree or reckless endangerment and the victim is a mental health professional employed by the Department of Human Services performing official duties, maximum term of imprisonment doubled.
FELONIES
Class | Minimum | Maximum | Mandatory Parole Period |
1 | Life Imprisonment | Death | None |
2 | 8 years | 24 years | 5 Years |
3 Extraordinary Risk Crime | 4 years | 12 years | 5 Years |
4 years | 16 years | 5 Years | |
4 Extraordinary Risk Crime | 2 years | 6 years | 3 Years |
2 years | 8 years | 3 Years | |
5 Extraordinary Risk Crime | 1 year | 3 years| | 2 Years |
1 year | 4 years | 2 Years | |
6 Extraordinary Risk Crime | 1 year | 18 months | 1 Year |
1 year | 2 years | 1 Year |
Extraordinary Risk crimes are deemed to be more dangerous or harmful for society and public safety and therefore, have a harsher penalty.
- Felony crimes that fall into this category include the following offenses:
- Aggravated robbery
- Child abuse,
- Unlawful distribution, manufacturing, sale, or possession of a controlled substance
- Any crime of violence
- Stalking
- Sale or distribution of materials to manufacture controlled substances
- Felony invasion of privacy for sexual gratification
DRUG CHARGES
Drug Misdemeanors (DM)
Level Minimum Sentence Maximum Sentence
DM1 6 months jail, $500 fine or both 18 months jail, $5,000 fine, or both
DM2 $50 fine 12 months jail, $750, or both
Drug Felonies (DF)
Level Presumptive Range Mandatory Parole Period
DF1 8 to 32 years prison, $5,000 to $1 million fine or both 3 years
DF2 4 to 8 years prison, $3,000 to $750,000 fine or both 2 years
DF3 2 to 4 years prison, $2000 to $500,000 fine or both 1 year
DF4 6 months to 1 year prison, $1,000 to $100,000 fine or both 1 year
Level Aggravated Range Mandatory Parole Period
DF2 8 to 16 years prison, $3,000 to $750,000 fine or both 2 years
DF3 4 to 6 years prison, $2,000 to $500,000 fine or both 1 year
DF4 1 to 2 years prison, $1,000 to $100,000 fine or both 1 year
NOTE: DF1 crimes carries a minimum sentence of 8 years in prison.
TRAFFIC MISDEMEANORS
A class 1 traffic misdemeanor carries 10 to 364 days in jail, $300 to $1,000 in fines, or both.
A Class 2 traffic misdemeanors carries 10 to 90 days in jail, $150 to $300 in fines, or both.
Sentencing Options
The law authorizes several different sentencing options, including:
- incarceration
- probation
- community corrections program
- home detention program
- specialized restitution and community service programs
- restorative justice, and
- payment of fines, fees, costs, and restitution.