What Is the Difference Between a Colorado Misdemeanor and a Felony?

By H. Michael Steinberg, Colorado Criminal Defense Attorney, Denver · October 13, 2026

If you or someone you love has been charged with a crime in Colorado, one of the first questions is whether the charge is a misdemeanor or a felony. The answer shapes nearly everything that follows: how much time is at stake, which court hears the case, how many jurors decide it, what a conviction costs you years from now, and whether the record can ever be sealed.

This guide explains, in plain English, how Colorado separates the two, what each one carries, and why the line is not always where people expect it to be. It is written from the defense side of the courtroom by a Denver criminal defense lawyer with more than 42 years of Colorado experience, including 13 years as a career prosecutor in Arapahoe and Douglas Counties.

Quick Answer

A felony is Colorado’s most serious category of crime. It is punishable by state prison, with sentences ranging from one year (class 6) up to life (class 1), followed by a mandatory period of parole.

A misdemeanor is less serious: a class 1 misdemeanor carries up to 364 days in county jail and a class 2 misdemeanor up to 120 days, and misdemeanor time is served in county jail rather than state prison. Below both sit petty offenses and civil infractions.

Beyond the sentence, the label changes the court, the jury, the filing deadline, firearm rights, and how long you must wait to ask a court to seal the record.

In This Article

1. How Colorado classifies crimes
2. Colorado felonies: classes and penalties
3. Colorado misdemeanors: classes and penalties
4. Petty offenses and civil infractions
5. Misdemeanor vs. felony side by side
6. Courts, juries, and your right to a lawyer
7. When a misdemeanor becomes a felony (and back again)
8. Consequences that outlast the sentence
9. Sealing a misdemeanor or felony record
10. What to do if you are charged
11. Frequently asked questions
12. Sources

How Colorado Classifies Crimes

Colorado does not leave the label to a judge’s mood on the day of sentencing. The legislature assigns every offense a category. Under C.R.S. § 18-1-104, there are six classes of felonies, four levels of drug felonies, two classes of misdemeanors, two levels of drug misdemeanors, petty offenses, and civil infractions. Some offenses are “unclassified” and carry whatever penalty is written into their own statute.

One recent change matters if your case involves an older date. For offenses committed before March 1, 2022, Colorado had three misdemeanor classes with longer maximums, including up to 18 months for a class 1. For offenses on or after that date, there are two classes and the shorter maximums described below.

Colorado Felonies: Classes and Penalties

A felony is a crime for which Colorado authorizes a prison sentence in the Department of Corrections, followed by mandatory parole. The presumptive ranges in C.R.S. § 18-1.3-401, as summarized by the Colorado Legislative Council Staff in January 2026, are:

Colorado repealed the death penalty in 2020, so life imprisonment is now the maximum for a class 1 felony. A class 2 felony carries three years of parole if the crime was nonviolent and five if it was violent.

Drug felonies have their own scale under C.R.S. § 18-1.3-401.5: a level 1 drug felony carries 8 to 32 years, level 2 carries 4 to 8 years, level 3 carries 2 to 4 years, and level 4 carries 6 months to 1 year, each followed by parole.

Enhancements that raise a felony’s range

• Extraordinary risk crimes (for example aggravated robbery, child abuse, and stalking) add time to the range: four years at the top of a class 3, two years for a class 4, one year for a class 5, and six months for a class 6.
• Crimes of violence under C.R.S. § 18-1.3-406 carry a mandatory minimum at the midpoint of the extraordinary risk range and a maximum of up to twice the top of the range. A class 3 crime of violence, for example, runs 10 to 32 years.
• Prior felony convictions can matter enormously. Colorado’s habitual criminal statute sharply increases sentences for people with qualifying prior felonies.

A felony does not always mean prison

Colorado law allows alternatives to prison, including deferred judgment, probation, and community corrections. A court may also impose up to 90 days in county jail as a condition of probation under C.R.S. § 18-1.3-202. Prison is more likely for class 1 through 4 felonies, while alternatives are more common for class 5 and 6 felonies, but every case depends on the facts and the defendant’s history.

Colorado Misdemeanors: Classes and Penalties

For offenses committed on or after March 1, 2022, C.R.S. § 18-1.3-501 sets two misdemeanor classes:

A judge may impose jail, a fine, or both, and may sentence a defendant to community service. Probation is far more common for misdemeanors than a jail term. Four rules are worth knowing:

• A misdemeanor sentence is served in county jail. It cannot be served in a state prison unless it runs concurrently with a felony sentence.
• The maximum consecutive county jail time for misdemeanors charged in a single case is 24 months.
• Many misdemeanors are unclassified, and their penalties are written into the statute that defines them.
• Certain victims or circumstances, such as assault on a peace officer, can raise a misdemeanor’s maximum sentence.

Drug misdemeanors

Most simple drug possession is now a misdemeanor, and the legislature has said it should be treated primarily as a health concern. For a level 1 drug misdemeanor possession offense, a court may impose up to two years of probation with up to 180 days in jail (up to 364 days for a third or subsequent offense) and a fine of up to $1,000. For a level 2 drug misdemeanor, the limit is one year of probation with up to 120 days in jail (180 days for a third or subsequent offense) and a fine of up to $500. See C.R.S. § 18-1.3-501(1)(d.5).

Petty Offenses and Civil Infractions

Below misdemeanors, C.R.S. § 18-1.3-503 provides for petty offenses, punishable by up to 10 days in county jail, a fine of up to $300, or both, and civil infractions, which are civil matters with a fine of up to $100. A petty offense is still a criminal charge. It can still lead to a conviction and a record, so it deserves a real answer rather than a quick plea at the counter.

Misdemeanor vs. Felony Side by Side

Courts, Juries, and Your Right to a Lawyer

Felony cases are heard in district court and misdemeanor cases in county court, although a district attorney may file a misdemeanor in district court because the two courts share jurisdiction over misdemeanors (C.R.S. § 13-6-106). In Denver, misdemeanors go to Denver County Court.

Under C.R.S. § 18-1-406, a person accused of a felony is entitled to a jury of twelve with a unanimous verdict, and a person accused of a misdemeanor is entitled to a jury of six. Petty offense jury trials are governed by C.R.S. § 16-10-109: the defendant must request a jury in writing within 21 days of the plea, and the jury is three jurors unless the defendant asks for up to six.

The Constitution guarantees counsel in serious cases. Gideon v. Wainwright, 372 U.S. 335 (1963), requires appointed counsel for people who cannot afford a lawyer in felony cases, and Argersinger v. Hamlin, 407 U.S. 25 (1972), extends that right to misdemeanors where a jail sentence is imposed. Whatever the charge, the time to involve a lawyer is before you make statements or decisions that cannot be undone.

When a Misdemeanor Becomes a Felony (and Back Again)

Colorado fixes the class of each offense by statute, but the facts of your case often decide which version of the offense applies. Four things commonly move a charge across the line.

1. The value of the property

Theft is the clearest example. Under C.R.S. § 18-4-401, theft of less than $300 is a petty offense, $300 to under $1,000 is a class 2 misdemeanor, and $1,000 to under $2,000 is a class 1 misdemeanor. At $2,000 it becomes a class 6 felony, and the class rises with the value up to a class 2 felony at $1,000,000. Thefts committed within six months can be added together and charged in one count, so repeated shoplifting can become a felony. Theft of a firearm is a class 6 felony regardless of its value under HB 25-1062, signed in 2025. Learn more about theft crimes.

2. Prior convictions

A first, second, or third DUI is generally a misdemeanor, but a fourth is a class 4 felony under C.R.S. § 42-4-1301. Possessing one gram or less of a substance containing fentanyl is a level 1 drug misdemeanor, but a fourth or subsequent offense is a level 4 drug felony. See our page on DUI defense.

3. Injury and the level of harm

Assault shows the ladder clearly. Third degree assault (C.R.S. § 18-3-204) is a class 1 misdemeanor. Second degree assault (C.R.S. § 18-3-203) is a class 4 felony, and first degree assault (C.R.S. § 18-3-202) is a class 3 felony. A DUI that causes serious bodily injury is vehicular assault, a class 4 felony (C.R.S. § 18-3-205), and a DUI that causes a death is vehicular homicide, a class 3 felony (C.R.S. § 18-3-106). See our pages on assault and domestic violence charges.

4. The type and amount of a controlled substance

Under C.R.S. § 18-18-403.5, possession of more than four grams of a Schedule I or II controlled substance is a level 4 drug felony, as is possession of any quantity of certain substances such as ketamine or GHB. For fentanyl compounds the felony line is lower: more than one gram, up to four grams, is a level 4 drug felony. Smaller amounts are generally misdemeanors. See our page on drug crimes.

Charging decisions and plea negotiations

The prosecutor decides what to file, and a charge can be filed higher than the evidence supports. Our articles on what a prosecutor looks for before filing charges and how prosecutors “stack” charges explain how this works. Many felony cases are resolved by negotiation, and a plea to a misdemeanor can change the outcome. Statements made in plea talks are protected only within limits, which we discuss in Colorado Rule 410 and plea negotiations. For eligible drug possession cases, Colorado law also requires a court to vacate a felony drug conviction and enter a level 1 drug misdemeanor after the defendant successfully completes a probation or community corrections sentence, unless exclusions such as a prior violent conviction or two or more prior felony drug convictions apply (C.R.S. § 18-1.3-103.5).

Consequences That Outlast the Sentence

A felony carries heavier long-term consequences, but a misdemeanor is never “nothing.” Both leave a public record unless sealed, and both can affect work, housing, licensing, and family cases.

• Firearms. Colorado law bars possession after a felony conviction (C.R.S. § 18-12-108), and federal law bars possession by anyone convicted of a crime punishable by more than one year (18 U.S.C. § 922). Federal law also bars firearms for people convicted of a misdemeanor crime of domestic violence, so a misdemeanor can cost you your gun rights as well.
• Voting. In Colorado you cannot vote while serving a sentence of incarceration for a felony, but you can vote on parole or probation, and you can vote while in jail awaiting trial or serving a misdemeanor sentence. See the Colorado Secretary of State’s FAQ.
• Employment. Colorado’s Chance to Compete Act limits asking about criminal history on an initial job application, for any misdemeanor or felony. Employers may still run background checks later in the hiring process.
• Immigration. Both misdemeanors and felonies can trigger deportation or bar relief for non-citizens. Defense counsel must advise on this risk before a plea under Padilla v. Kentucky, 559 U.S. 356 (2010). See the removal grounds in 8 U.S.C. § 1227.
• Future cases. A prior conviction can raise the charge, the bond, and the sentence in any later case.

Deadlines to file charges

Under C.R.S. § 16-5-401, prosecutors generally have three years to file felony charges, 18 months for most misdemeanors, and six months for petty offenses. Many exceptions apply, including longer periods for some sex offenses and no deadline for the most serious crimes.

Sealing a Misdemeanor or Felony Record

Colorado’s main remedy is record sealing rather than expungement. Under C.R.S. § 24-72-706, you can generally petition to seal a conviction after waiting from the later of final disposition or release from supervision: one year for a petty offense, two years for a class 2 misdemeanor or drug misdemeanor, three years for a class 1 misdemeanor, a class 4, 5, or 6 felony, or a level 3 or 4 drug felony, and five years for other eligible offenses. Colorado also has an automatic sealing process with longer waits, discussed in the Colorado Bar Association’s Colorado Lawyer article “Automatic Record Sealing in Colorado”.

Not every conviction qualifies. Some offenses, including certain DUI, domestic violence, and sex offenses, are excluded unless narrow exceptions apply. Sealing also has limits: it does not block access by courts, law enforcement, or others entitled by law to run a criminal history check (C.R.S. § 24-72-703). The Judicial Branch publishes forms and instructions at its Seal My Case page.

What to Do If You Are Charged

1. Do not discuss the case with police or anyone else without a lawyer. Our article on why innocent people hurt their cases by talking to police explains the risk.
2. Find out exactly what you are charged with and its class. Do not assume a charge is minor because it is a misdemeanor, or hopeless because it is a felony.
3. Write down every court date and deadline, and keep any paperwork you receive.
4. Preserve evidence, including messages, photos, receipts, and witness names, and do not delete anything.
5. Learn how the process works from arrest through trial in The Colorado Criminal Case: From Investigation Through Trial.
6. Speak with a Colorado criminal defense lawyer early, before you decide how to respond to any plea offer.

The Law Office of H. Michael Steinberg defends misdemeanor and felony cases throughout Colorado. Mr. Steinberg has more than 42 years of experience on both sides of the courtroom, and the firm practices exclusively Colorado criminal defense. To discuss your case, call 303-627-7777 or 720-220-2277, or use the free consultation form. Learn more about the attorney and the firm’s practice areas.

Frequently Asked Questions

Is a misdemeanor or a felony worse in Colorado?

A felony is more serious. It can mean state prison, mandatory parole, and heavier lasting consequences. A misdemeanor still carries up to 364 days in county jail for a class 1, a permanent record unless sealed, and potential loss of gun rights, work, and immigration status.

How long can you go to jail for a misdemeanor in Colorado?

For offenses committed on or after March 1, 2022, a class 1 misdemeanor carries up to 364 days in county jail and a class 2 up to 120 days. A petty offense carries up to 10 days. Total consecutive jail time for misdemeanors charged in one case is capped at 24 months.

Can a felony be reduced to a misdemeanor in Colorado?

Yes. It often happens through plea negotiation, when the prosecutor agrees to a lesser charge. In eligible drug possession cases, a court must also vacate a felony drug conviction and enter a misdemeanor after the defendant successfully completes a probation or community corrections sentence. Whether it is possible depends on the facts, the evidence, and the offense.

Is DUI a felony or a misdemeanor in Colorado?

Most DUIs are misdemeanors. A fourth DUI is a class 4 felony, DUI causing serious bodily injury is a class 4 felony, and DUI causing death is a class 3 felony.

At what dollar amount does theft become a felony in Colorado?

Theft of $2,000 or more is a felony, starting as a class 6 felony. Theft of $300 to under $2,000 is a misdemeanor, and theft of a firearm is a class 6 felony regardless of value.

Can a misdemeanor or felony be sealed in Colorado?

Many can, after a waiting period and by court order, but some offenses are excluded. Waiting periods range from one year for petty offenses to five years for other eligible offenses.

Sources

• C.R.S. § 18-1-104 (offenses classified); § 18-1.3-401 (felonies); § 18-1.3-401.5 (drug felonies); § 18-1.3-406 (crimes of violence); § 18-1.3-501 (misdemeanors); § 18-1.3-503 (petty offenses)
• C.R.S. § 18-1-406 (jury trial); § 16-10-109 (petty offense jury); § 13-6-106 (county court jurisdiction); § 16-5-401 (statutes of limitations)
• C.R.S. § 18-4-401 (theft); § 18-18-403.5 (drug possession); § 42-4-1301 (DUI); §§ 18-3-202, 18-3-203, 18-3-204 (assault); § 18-3-205 (vehicular assault); § 18-3-106 (vehicular homicide)
• C.R.S. § 18-12-108 (firearms); § 8-2-130 (Chance to Compete Act); § 24-72-703 and § 24-72-706 (record sealing); § 18-1.3-102 (deferred judgment); § 18-1.3-103.5 (vacating felony convictions); § 18-1.3-202 (probation); § 18-1.3-801 (habitual criminals)
• Colorado Legislative Council Staff, Fiscal Notes Considerations for Bills with Criminal Justice System Impacts (Jan. 30, 2026)
• Abbey Moffitt Hruby, Automatic Record Sealing in Colorado, Colorado Lawyer (Dec. 2025)
• Colorado Judicial Branch: Seal My Case; Colorado Secretary of State: Voters with Convictions FAQs; HB 25-1062, Penalty for Theft of Firearms
• *Gideon v. Wainwright*, 372 U.S. 335 (1963); *Argersinger v. Hamlin*, 407 U.S. 25 (1972); *Padilla v. Kentucky*, 559 U.S. 356 (2010); 18 U.S.C. § 922; 8 U.S.C. § 1227

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