What are the penalties for a felony in Colorado?

Felony penalties in Colorado range from 1–1 years for the lowest class to life imprisonment for the most serious [§ 18-1.3-401]. Fines, [def:probation], [def:restitution], and collateral consequences (employment, housing, civil rights) are additional.

Should I talk to the police before getting a lawyer?

No. You have the constitutional right to remain silent and to have an attorney present during questioning. Anything you say can and will be used against you. Politely invoke your rights: 'I am exercising my right to remain silent and I want to speak with an attorney.'

Does Colorado have a speedy trial requirement?

Yes. Colorado requires trial within 182 days under certain conditions [§ 18-1-405]. 6 months (182 days) from plea of not guilty. Among the most specific statutory speedy trial rights. Extensions for good cause shown. Failure results in dismissal.

What is the difference between a misdemeanor and a felony?

Felonies are more serious offenses carrying potential state prison time (over 1 year) [§ 18-1.3-401]. Misdemeanors carry county jail time (up to 1 year) [§ 18-1.3-501]. Felony convictions also carry greater collateral consequences — loss of voting rights, firearm restrictions, professional licensing barriers, and immigration consequences.

OverviewUpdated 2026-02-27

Colorado Criminal Defense Guide — Charges & Process

Q: Can I get my criminal record expunged in Colorado?

Yes, for eligible offenses [§ 24-72-706 et seq.]. Waiting periods: Varies: 1–3 years for misdemeanors; 3–5 years for certain felonies; immediate for acquittals/dismissals. Colorado expanded record sealing significantly (HB 22-1100). Petty offenses, misdemeanors, and select drug felonies eligible. Some offenses seal automatically.

Charges, classifications, your rights, and the criminal process — what to know when facing criminal charges in Colorado.

Jump to:

Drug Charges — Penalties & Defenses Assault & Domestic Violence Charges Theft & Property Crime — Charges & Penalties The Colorado Criminal Process — Step by Step Your Rights in an Colorado Criminal Case Expungement — How to Clear Your Record

From Arrest to Resolution

A criminal case moves through a series of stages — from arrest through resolution — and the decisions you make at each stage directly affect the outcome. The process may feel overwhelming, but it follows a predictable sequence. Understanding that sequence, and knowing where your rights apply, is the first step toward an effective defense. Below is the general path a criminal case follows, with the critical decision points that shape what happens next.

🚨

Arrest

rights attach here

🔒

Bail / Bond

release or detention

📜

Arraignment

charges & plea

🔍

Pretrial

motions & discovery

⚖️

Trial or Plea

negotiate or defend

🏛️

Sentencing

penalties determined

High-level illustration only. Every case is unique. Rights, procedures, and timelines vary by jurisdiction.

How Colorado classifies criminal offenses §18-1.3-401

Colorado divides criminal offenses into felonies and misdemeanors. The classification determines the maximum and minimum penalties a court may impose.

Felony classifications

Class 1 felony: varies to life, up to $1,000,000 fine - Class 2 felony: 8–24 years, up to $1,000,000 fine - Class 3 felony: 4–12 years, up to $750,000 fine - Class 4 felony: 2–6 years, up to $500,000 fine - Class 5 felony: 1–3 years, up to $100,000 fine - Class 6 felony: 1–1 years, up to $100,000 fine

Misdemeanor classifications §18-1.3-501

Class 1 misdemeanor: up to 18 months, $5,000 fine - Class 2 misdemeanor: up to 12 months, $1,000 fine - Class 3 misdemeanor: up to 6 months, $750 fine

✓The classification of an offense determines not just the potential jail or prison time, but also fines §18-1.3-401 et seq., Probation length, and long-term consequences like employment restrictions and loss of civil rights.

Felony vs. Misdemeanor comparison

	Misdemeanor	Felony
Severity	Less serious offenses	More serious offenses
Incarceration	County jail (up to 1 year) §18-1.3-501	State prison (1 year or more) §18-1.3-401
Examples	Simple assault, petty theft, disorderly conduct	Aggravated assault, robbery, drug trafficking
Jury trial	12-member jury	12-member jury
Voting rights	Retained	Lost until restored
Firearm rights	Retained	Permanently prohibited §18 U.S.C. § 922
Employment impact	Moderate — visible on background checks	Severe — bars certain professions
Expungement	More offenses eligible §24-72-706 et seq.	Fewer offenses eligible §24-72-706 et seq.

The criminal process: arrest through resolution

Arrest

Law enforcement may arrest with or without a warrant §16-3-102. You have the right to remain silent and the right to an attorney from this point forward.

Bail and pretrial release

Colorado adopted major bail reform (HB 19-1225): presumption of release on personal recognizance or unsecured bond for most offenses. Cash bail reduced. Pretrial risk assessment used.

Arraignment

The court formally presents charges, and the defendant enters a plea. Nolo contendere (no contest) pleas are permitted.

Pretrial motions

The defense may file motions to suppress evidence, dismiss charges, or challenge procedures. This stage can determine the outcome of the case.

Trial or plea

Most criminal cases resolve through plea negotiations. If the case goes to trial, the state must prove guilt beyond a reasonable doubt to a 12-member jury that must reach a unanimous verdict.

Sentencing

If convicted, the judge imposes a sentence within the statutory range for the offense classification. Sentencing may include incarceration, Probation §18-1.3-202 et seq., fines, Restitution, and community service.

Your rights in a criminal case

Every person accused of a crime in Colorado has constitutional protections:

Right to remain silent — You cannot be compelled to testify against yourself §U.S. Const. amend. V
Right to an attorney — If you cannot afford one, one will be appointed §21-1-101 et seq.. Office of the State Public Defender provides defense statewide through regional offices. Alternate Defense Counsel handles conflict cases.
Right to a speedy trial — Colorado provides a specific speedy trial deadline: 182 days §18-1-405. 6 months (182 days) from plea of not guilty. Among the most specific statutory speedy trial rights. Extensions for good cause shown. Failure results in dismissal.
Presumption of innocence — The prosecution bears the entire burden of proof. You do not have to prove anything.
Right to confront witnesses — You may cross-examine every witness the state calls against you

After a conviction: what comes next

Probation in Colorado: Length at court's discretion; may exceed the maximum incarceration term but shall not exceed 5 years for any misdemeanor or petty offense §18-1.3-202 et seq..

⚠Colorado has a habitual offender law §18-1.3-801. Habitual criminal: 3+ prior felony convictions triggers enhanced sentencing (4x maximum of current offense). Prior convictions must be from separate events.

Clearing your record

Colorado does allow certain criminal records to be sealed or expunged §24-72-706 et seq.. Waiting periods: Varies: 1–3 years for misdemeanors; 3–5 years for certain felonies; immediate for acquittals/dismissals. Colorado expanded record sealing significantly (HB 22-1100). Petty offenses, misdemeanors, and select drug felonies eligible. Some offenses seal automatically.

Common offense categories

Drug offenses

Possession, distribution, and trafficking carry penalties that vary dramatically by substance and amount §18-18-403.5. Marijuana possession: Legal (up to 2 oz recreational per Amendment 64); possession penalties begin above legal limits.

Assault and domestic violence

Ranges from Misdemeanor simple assault to Felony aggravated assault §18-3-202 et seq.. Domestic violence offenses carry additional consequences including protective orders §18-6-800.3.

Theft and property crimes

Classification depends on the value of property taken §18-4-401. Felony threshold: $2,000 (Class 6 felony for $2,000–$4,999, §18-4-401(2)(f)).

⚠If you have been arrested or charged, your early decisions can affect the outcome. Exercise your right to remain silent §U.S. Const. amend. V and request an attorney §U.S. Const. amend. VI before answering questions.

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