Colorado Misdemeanor Classes, Penalties, and Sentences

Colorado’s misdemeanor classes and penalties break down into two general classes under the criminal code, plus separate two-level tracks for traffic and drug offenses. A Class 1 misdemeanor carries up to 364 days in county jail and a fine of up to $1,000. A Class 2 misdemeanor carries up to 120 days and up to $750. Traffic misdemeanors (T1 and T2) and drug misdemeanors (DM1 and DM2) each have their own penalty ranges, and petty offenses sit just below the misdemeanor line. This structure took its current shape when Senate Bill 21-271 took effect on March 1, 2022, collapsing three misdemeanor classes into two.¹

Class 1 Misdemeanors

A Class 1 misdemeanor is the most serious non-felony offense in the general criminal code. Maximum penalties are 364 days in county jail, a fine of up to $1,000, or both.² Judges can add probation, community service, and restitution.

Common Class 1 charges include third-degree assault, harassment involving physical contact, and theft of property worth $1,000 to less than $2,000.³

The 364-day cap is deliberate. Federal immigration law treats certain offenses carrying a maximum sentence of “at least one year” as aggravated felonies that can trigger deportation.⁴ Capping Class 1 misdemeanors one day short of a full year keeps a Colorado misdemeanor conviction from crossing that federal threshold. The immigration consequence turns on the possible sentence, not the actual one imposed, so the cap matters even when a judge orders far less than the maximum.

Class 2 Misdemeanors

Class 2 misdemeanors carry a maximum of 120 days in county jail, a fine of up to $750, or both.² Typical charges include theft of property valued between $300 and $1,000, criminal mischief causing similar damage, resisting arrest, false imprisonment, and criminal invasion of privacy.³ A criminal attempt to commit a Class 1 misdemeanor is charged at this level.

A Class 2 conviction still creates a permanent criminal record unless the record is later sealed. Immediate penalties are lighter, but a misdemeanor conviction on a background check can affect employment, housing, and professional licensing for years.

Petty Offenses

Some conduct that once qualified as a misdemeanor now sits in the petty offense category. A petty offense carries a maximum of 10 days in county jail, a fine of up to $300, or both.⁵ Theft of property worth less than $300, for example, is a petty offense rather than a misdemeanor.³ These are still criminal charges. A conviction creates a record and shows up on background checks.

Traffic Misdemeanors

Traffic offenses operate on a separate track under Title 42, with two classes.⁶ Both are distinct from traffic infractions like speeding tickets, which carry only fines and license points.

Class T1

T1 offenses carry 10 to 364 days in jail and fines of $300 to $1,000. Reckless driving and driving under restraint related to an alcohol offense are common T1 charges. The 10-day floor operates as a mandatory minimum, so probation alone will not satisfy the incarceration component.

Class T2

T2 offenses carry 10 to 90 days in jail and fines of $150 to $300. Careless driving that results in injury and certain licensing violations fall here. The 10-day mandatory minimum still applies.

Drug Misdemeanors

Drug offenses follow their own two-level system under Title 18, Article 18. The penalty structure is more complicated than for other misdemeanors because the legislature created a reduced sentencing track for certain simple possession offenses beginning in 2020.

Level 1 (DM1)

The standard DM1 range is 6 to 18 months in jail and fines of $500 to $5,000.² This applies to offenses like distribution of small quantities of controlled substances.

Simple possession charges under specific statutes follow a reduced track. A first or second simple possession DM1 carries a maximum of 180 days in jail and a $1,000 fine, with probation available for up to two years. A third or later offense raises the maximum jail term to 364 days.

Level 2 (DM2)

Standard DM2 penalties are up to 12 months in jail and fines of $50 to $750. This level covers possession of smaller amounts and unauthorized use of prescription medications.

The reduced possession track caps a first or second DM2 offense at 120 days in jail (180 days for a third or later offense), a fine of up to $500, and probation of up to one year. Judges at either level often add mandatory treatment, community service, or both.

Drug Offender Surcharge

On top of standard fines, any drug conviction carries a mandatory surcharge that cannot be waived unless the defendant proves financial hardship by clear and convincing evidence:

DM1 or Class 1 misdemeanor drug offense: $1,000
Class 2 misdemeanor drug offense: $600
DM2 or Class 3 misdemeanor drug offense: $300

The surcharge applies even when the court imposes a deferred sentence.⁷ Combined with court costs and fines, the total financial hit from a drug misdemeanor is often several times larger than the fine alone.

Extraordinary Risk Crimes

Colorado law designates certain misdemeanors as extraordinary risk crimes. For offenses committed before March 1, 2022, that label added six months to the maximum jail sentence beyond the standard cap. A pre-2022 Class 1 misdemeanor with the extraordinary risk designation carries a maximum of roughly 18 months rather than 364 days.²

The designated offenses include third-degree assault, unlawful sexual contact, knowing or reckless child abuse resulting in non-serious injury, second and subsequent violations of a protection order, failure to register as a sex offender, and invasion of privacy for sexual gratification. Even after the sentence enhancement stopped applying to post-2022 offenses, the label still blocks these convictions from standard record sealing.⁸

Federal Firearm Ban After a Domestic Violence Misdemeanor

A misdemeanor conviction involving domestic violence triggers a federal firearms prohibition that catches many people off guard. Under 18 U.S.C. § 922(g)(9), anyone convicted of a qualifying misdemeanor crime of domestic violence is barred from possessing any firearm or ammunition, with no exception for law enforcement or military personnel.⁹

A conviction qualifies if it involved the use or attempted use of physical force, or the threatened use of a deadly weapon, against a spouse, former spouse, cohabitant, co-parent, or someone in a dating relationship with the defendant. For offenses against a spouse, cohabitant, or co-parent, the ban is permanent. For offenses involving only a dating relationship, a narrow restoration path opens after five years if the person has no subsequent disqualifying convictions. Violating the ban is a federal felony punishable by up to 15 years in prison. A Colorado Class 2 misdemeanor assault with a domestic violence designation can therefore result in lifetime loss of gun rights and federal prison exposure far exceeding the original state penalty.

Statute of Limitations

Prosecutors have 18 months from the date of the offense to file charges for any misdemeanor, whether Class 1 or Class 2.¹⁰ If no complaint, information, or indictment is filed within that window, the charge is time-barred.

The clock pauses in two situations. Time spent outside Colorado does not count toward the 18-month period, up to a maximum pause of five years. And if a prosecution for the same conduct is already pending, the limitations period is frozen for the duration of that case, even if it is later dismissed or reversed on appeal.

Sealing a Misdemeanor Record

Most misdemeanor convictions can be sealed after a waiting period tied to the offense class. For a single Class 2 misdemeanor or any drug misdemeanor, you can petition the court two years after the final disposition of your case or your release from supervision, whichever is later. For a single Class 1 misdemeanor, the waiting period is three years.¹¹

Multiple convictions extend the wait to five years for Class 2 misdemeanors and ten years for Class 1 misdemeanors, measured from the final disposition or release from supervision on all cases.⁸ You cannot have any new criminal convictions during the waiting period, and any outstanding restitution must be paid or vacated by the court.

Several categories of misdemeanor convictions are ineligible for standard sealing:

DUI and DWAI convictions
Traffic misdemeanors (T1 and T2)
Domestic violence offenses
Unlawful sexual behavior
Child abuse
Extraordinary risk crimes
Identity theft and pandering

Even for those normally ineligible offenses, a misdemeanor can still be sealed if the district attorney consents, or if the court finds by clear and convincing evidence that sealing serves a significant need, the passage of time shows the person is no longer a public safety threat, and ongoing public disclosure is no longer necessary. That is a high bar, but it exists.

1
Colorado General Assembly. SB21-271 Misdemeanor Reform
2
Justia. Colorado Code 18-1.3-501 – Misdemeanor Classifications and Penalties
3
Justia. Colorado Code 18-4-401 – Theft
4
Office of the Law Revision Counsel. 8 USC 1101 – Definitions
5
Justia. Colorado Code 18-1.3-503 – Petty Offenses
6
Justia. Colorado Code 42-4-1701 – Traffic Offenses and Infractions Classified
7
Justia. Colorado Code 18-19-103 – Drug Offender Surcharge
8
Colorado Judicial Branch. Sealing Criminal Records
9
Bureau of Alcohol, Tobacco, Firearms, and Explosives. Misdemeanor Crimes of Domestic Violence Prohibitions
10
Justia. Colorado Code 16-5-401 – Limitation for Commencing Criminal Proceedings
11
Justia. Colorado Code 24-72-706 – Sealing of Criminal Conviction Records