Colorado Criminal Charges
A Complete Guide

By William Bacharach, Criminal Defense Attorney | Bacharach Law, Denver

Last updated: April 2026.

This reference covers every criminal charge in Colorado — statutory definitions, offense classifications, penalty ranges, sentence enhancers, and available defenses. Each offense includes the statutory language that defines the crime and the exact classification under current Colorado law.

If you are facing any of the charges described below, call (720) 303-5778 for a free, confidential consultation with attorney William Bacharach — available 24/7.

How Colorado Classifies Criminal Offenses

Colorado divides criminal offenses into four categories: felonies, misdemeanors, drug offenses (which have their own classification system), and petty offenses. The classification determines the maximum and minimum penalties a court can impose. Following the passage of SB 21-271 (effective March 1, 2022), Colorado restructured all offense classifications. The current system uses: F1–F6 (felonies), DF1–DF4 (drug felonies), M1–M2 (misdemeanors), DM1–DM2 (drug misdemeanors), and petty offenses.

Felony Sentencing Ranges — § 18-1.3-401

Presumptive ranges for felonies committed on or after July 1, 2020:

Class 1 felony (F1): Life imprisonment. No fine. Reserved for first-degree murder.

Class 2 felony (F2): 8 to 24 years DOC. Mandatory parole: 5 years (crime of violence) or 3 years (non-violent). Fine: $5,000 to $1,000,000.

Class 3 felony (F3): 4 to 12 years DOC. 3 years mandatory parole. Fine: $3,000 to $750,000.

Class 4 felony (F4): 2 to 6 years DOC. 3 years mandatory parole. Fine: $2,000 to $500,000.

Class 5 felony (F5): 1 to 3 years DOC. 2 years mandatory parole. Fine: $1,000 to $100,000.

Class 6 felony (F6): 1 year to 18 months DOC. 1 year mandatory parole. Fine: $1,000 to $100,000.

Felony sentences are served in the Colorado Department of Corrections (state prison). The mandatory parole period cannot be waived by the offender or the court. Fines may be imposed in addition to or in lieu of imprisonment, except that twice-convicted felons cannot receive a fine in lieu of imprisonment.

Misdemeanor Sentencing Ranges — § 18-1.3-501

Current ranges (offenses on or after March 1, 2022):

Class 1 misdemeanor (M1): Up to 364 days in county jail. Fine up to $1,000.

Class 2 misdemeanor (M2): Up to 120 days in county jail. Fine up to $750.

Maximum consecutive misdemeanor jail in a single case: 24 months (§ 18-1.3-501(1)(c.5)). Misdemeanor sentences are served in county jail, not DOC. The M1 maximum of 364 days (not 365) is intentional — Colorado's legislature set it one day below the federal threshold that triggers certain immigration consequences for non-citizens.

Petty offenses: No jail. Fine varies by statute.

Drug Offense Sentencing Ranges

Drug felonies under § 18-1.3-401.5:

DF1: 8 to 32 years DOC. 3 years mandatory parole. Fine: $5,000 to $1,000,000.

DF2: 4 to 8 years DOC (aggravated: 8 to 16 years). 2 years mandatory parole. Fine: $3,000 to $750,000.

DF3: 2 to 4 years DOC (aggravated: 4 to 6 years). 1 year mandatory parole. Fine: $2,000 to $500,000.

DF4: 6 months to 1 year DOC (aggravated: 1 to 2 years). 1 year mandatory parole. Fine: $1,000 to $100,000.

Drug misdemeanors under § 18-1.3-501(1)(d.5):

DM1: Probation up to 2 years with up to 180 days jail (364 days for 3rd+ offense), or straight jail up to 180 days (364 for 3rd+). Fine up to $1,000.

DM2: Probation up to 1 year with up to 120 days jail (180 days for 3rd+), or straight jail up to 120 days (180 for 3rd+). Fine up to $500.

Legislative intent: Drug possession is primarily a public health concern; sentencing should prioritize treatment over incarceration (§ 18-1.3-501(1)(d.5)(I)).

Assault

Third-Degree Assault — § 18-3-204

Statutory language: A person commits the offense of assault in the third degree if the person knowingly or recklessly causes bodily injury to another person, or with criminal negligence causes bodily injury to another person by means of a deadly weapon.

Classification: Class 1 misdemeanor (M1) — § 18-3-204(3). Up to 364 days jail, $1,000 fine.

"Bodily injury" means physical pain, illness, or any impairment of physical or mental condition. With a DV enhancer, mandatory arrest, protection order, DV treatment, and firearms prohibition apply.

Second-Degree Assault — § 18-3-203

Statutory language: A person commits the offense of assault in the second degree if: (a) with intent to cause bodily injury, the person causes such injury to any person by means of a deadly weapon; (b) with intent to prevent a peace officer, firefighter, or emergency medical service provider from performing a lawful duty, the person intentionally causes bodily injury to such person; (c) the person recklessly causes serious bodily injury to another person by means of a deadly weapon; (d) while lawfully confined, the person knowingly and violently applies physical force against the person of a peace officer or detention facility employee; (e) for a purpose other than lawful medical or therapeutic treatment, the person intentionally causes stupor, unconsciousness, or other physical or mental impairment to another person by administering a drug, substance, or preparation without the other person's consent; (f) while engaged in the commission of a felony, the person causes serious bodily injury; (i) the person intentionally causes bodily injury to another by means of strangulation or suffocation.

Classification: Class 4 felony (F4) — § 18-3-203(2)(b). 2 to 6 years DOC. Heat of passion: class 6 felony (F6) — § 18-3-203(2)(a), 1 year to 18 months. Causing SBI during commission of an enumerated felony: class 3 felony (F3) — § 18-3-203(2)(b.5).

Assault by strangulation (§ 18-3-203(1)(i)) is an extraordinary risk crime — maximum increases from 6 to 8 years. If a crime of violence finding applies, the minimum becomes the midpoint (4 years) with no probation.

First-Degree Assault — § 18-3-202

Statutory language: A person commits the offense of assault in the first degree if: (a) with intent to cause serious bodily injury to another person, the person causes serious bodily injury to any person by means of a deadly weapon; (b) with intent to disfigure another person seriously and permanently, or to destroy, amputate, or disable permanently a member or organ of the body, the person causes such injury to any person; (c) under circumstances manifesting extreme indifference to the value of human life, the person knowingly engages in conduct which creates a grave risk of death to another person and thereby causes serious bodily injury to any person.

Classification: Class 3 felony (F3) — § 18-3-202(2)(b). 4 to 12 years DOC, 3 years mandatory parole. Heat of passion: class 5 felony (F5) — § 18-3-202(2)(a), 1 to 3 years.

Almost always triggers a crime of violence finding: mandatory minimum 8 years, maximum 24 years. No probation.

Vehicular Assault — § 18-3-205

Statutory language: A person who operates or drives a motor vehicle in a reckless manner, or while under the influence of alcohol or drugs, or while the person's ability is impaired, and this conduct is the proximate cause of serious bodily injury to another, commits vehicular assault.

DUI-related: Class 4 felony (F4) — § 18-3-205(1)(c). 2 to 6 years DOC.
Reckless or impaired: Class 5 felony (F5) — § 18-3-205(1)(c). 1 to 3 years DOC.

Homicide and Manslaughter

Murder in the First Degree — § 18-3-102

Statutory language: A person commits the crime of murder in the first degree if: (a) after deliberation and with the intent to cause the death of a person other than himself, he causes the death of that person or of another person; or (b) acting either alone or with one or more persons, he or she commits or attempts to commit certain enumerated felonies, and in the course of or in furtherance of the crime or immediate flight therefrom, the death of a person, other than one of the participants, is caused by anyone (felony murder).

Classification: Class 1 felony (F1). Life imprisonment without parole.

Murder in the Second Degree — § 18-3-103

Statutory language: A person commits the crime of murder in the second degree if the person knowingly causes the death of a person.

Classification: Class 2 felony (F2) — § 18-3-103(3)(a). 8 to 24 years DOC. Heat of passion (§ 18-3-103(3)(b)): class 3 felony (F3), 4 to 12 years.

Manslaughter — § 18-3-104

Statutory language: A person commits the crime of manslaughter if such person recklessly causes the death of another person, or if such person intentionally causes or aids another person to commit suicide.

Classification: Class 4 felony (F4). 2 to 6 years DOC.

Criminally Negligent Homicide — § 18-3-105

Statutory language: A person commits the crime of criminally negligent homicide if, by conduct amounting to criminal negligence, such person causes the death of another person.

Classification: Class 5 felony (F5). 1 to 3 years DOC.

Vehicular Homicide — § 18-3-106

Statutory language: If a person operates or drives a motor vehicle in a reckless manner, or while under the influence of alcohol or drugs, or while the person's ability is impaired, and such conduct is the proximate cause of the death of another, such person commits vehicular homicide.

DUI-related: Class 3 felony (F3) — § 18-3-106(1)(c). 4 to 12 years DOC.
Reckless: Class 4 felony (F4) — § 18-3-106(1)(c). 2 to 6 years DOC.
Impaired (DWAI level): Class 4 felony (F4) — § 18-3-106(1)(c). 2 to 6 years DOC.

Menacing — § 18-3-206

Statutory language: A person commits the crime of menacing if, by any threat or physical action, he or she knowingly places or attempts to place another person in fear of imminent serious bodily injury.

Without a weapon: Class 1 misdemeanor (M1). Up to 364 days jail.
With a deadly weapon or any article used or fashioned to be used to cause death or serious bodily injury, or simulated weapon: Class 5 felony (F5). 1 to 3 years DOC.

Kidnapping

First-Degree Kidnapping — § 18-3-301

Statutory language: Any person who does any of the following acts with the intent thereby to force the victim or any other person to make any concession or give up anything of value in order to secure the victim's release commits first degree kidnapping: (a) forcibly seizes and carries any person from one place to another; or (b) entices or persuades any person to go from one place to another; or (c) imprisons or forcibly secretes any person.

Classification: Class 1 felony (F1) if the victim suffers bodily injury (life imprisonment). Class 2 felony (F2) if no injury, 8 to 24 years DOC.

Second-Degree Kidnapping — § 18-3-302

Statutory language: Any person who knowingly seizes and carries any person from one place to another, without the person's consent and without lawful justification, commits second degree kidnapping.

Classification: Class 4 felony (F4). 2 to 6 years DOC. Class 2 felony (F2) if the victim is robbed or sexually assaulted, or if the defendant has a prior kidnapping conviction.

Sexual Offenses

Sexual Assault — § 18-3-402

Statutory language: Any actor who knowingly inflicts sexual intrusion or sexual penetration on a victim commits sexual assault if: the actor causes submission of the victim by means of sufficient consequence reasonably calculated to cause submission against the victim's will; the actor knows that the victim is incapable of appraising the nature of the conduct; the victim is physically helpless; the actor has substantially impaired the victim's power to appraise or control the victim's conduct by employing any drug, intoxicant, or other means for the purpose of causing submission.

Base offense: Class 4 felony (F4) — § 18-3-402(2). 2 to 6 years DOC.

Physically helpless victim: Class 3 felony (F3) — § 18-3-402(3.5). 4 to 12 years.

Force, threat, or drugs: Class 3 felony (F3) — § 18-3-402(4). 4 to 12 years.

Aided by others, serious bodily injury, or weapon: Class 2 felony (F2) — § 18-3-402(5). 8 to 24 years.

Age gap (15-16 victim, actor 10+ years older): Class 6 felony (F6) — § 18-3-402(3). 1 year to 18 months.

Sex offenses committed on or after November 1, 1998 carry indeterminate sentences under § 18-1.3-1004: court sets minimum within presumptive range, maximum is life. Release determined by the Sex Offender Management Board. Sex offender registration required.

Unlawful Sexual Contact — § 18-3-404

Statutory language: Any actor who knowingly subjects a victim to any sexual contact commits unlawful sexual contact if: the actor knows that the victim does not consent; the actor knows the victim is incapable of appraising the nature of the conduct; the victim is physically helpless and the actor knows or should know the victim is physically helpless; the actor has substantially impaired the victim's power to appraise or control conduct by employing any drug or intoxicant.

Base offense: Class 1 misdemeanor (M1). Up to 364 days jail.

With force, intimidation, threat, or weapon, or where victim is physically helpless: Class 4 felony (F4). 2 to 6 years DOC. Indeterminate sentencing (post-11/1/1998).

Sexual Exploitation of a Child — § 18-6-403

Statutory language: A person commits sexual exploitation of a child if, for any purpose, he or she knowingly possesses or controls any sexually exploitative material that includes an image of a child, or causes, induces, entices, or permits a child to engage in any sexually exploitative material.

Possession: Class 3 felony (F3). 4 to 12 years DOC. Extraordinary risk crime (§ 18-6-403(5.5)).

Production/distribution: Class 3 felony (F3) with enhanced sentencing.

Human Trafficking

Trafficking for Involuntary Servitude — § 18-3-503

Statutory language: A person commits trafficking in adults for involuntary servitude if the person knowingly sells, recruits, harbors, transports, transfers, isolates, entices, provides, receives, or obtains by any means a person for the purpose of coercing the person to perform labor or services.

Classification: Class 3 felony (F3). 4 to 12 years DOC. Extraordinary risk crime. Crime of violence eligible (added 2024/2025).

Trafficking for Sexual Servitude — § 18-3-504

Statutory language: A person commits trafficking in adults for sexual servitude if the person knowingly sells, recruits, harbors, transports, transfers, isolates, entices, provides, receives, or obtains by any means a person for the purpose of coercing the person to engage in commercial sexual activity.

Adult victim: Class 3 felony (F3). Extraordinary risk crime. Crime of violence eligible.
Minor victim: Class 2 felony (F2). 8 to 24 years DOC.

Criminal Extortion — § 18-3-207

Statutory language: A person commits criminal extortion if the person, without legal authority, and with the intent to induce another person against that person's will to perform an act or to refrain from performing a lawful act, makes a substantial threat to confine or restrain, cause economic hardship, or cause bodily injury to, or damage the property or reputation of, the threatened person or another person.

Classification: Class 4 felony (F4). 2 to 6 years DOC. Crime of violence eligible under § 18-1.3-406.

Stalking — § 18-3-602

Statutory language: A person commits stalking if directly, or indirectly through another person, the person knowingly: (a) makes a credible threat to another person and, in connection with the threat, repeatedly follows, approaches, contacts, or places under surveillance that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship; or (b) makes a credible threat to another person and, in connection with the threat, repeatedly makes any form of communication with that person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship, regardless of whether a conversation ensues; or (c) repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication with another person, a member of that person's immediate family, or someone with whom that person has or has had a continuing relationship, in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person to suffer serious emotional distress.

First offense: Class 5 felony (F5) — extraordinary risk crime. 1 to 4 years DOC (extraordinary risk adds 1 year to maximum).

Second offense within 7 years: Class 4 felony (F4). 2 to 6 years DOC.

With active protection order: Class 4 felony (F4). 2 to 6 years DOC.

Robbery

Robbery — § 18-4-301

Statutory language: A person who knowingly takes anything of value from the person or presence of another by the use of force, threats, or intimidation commits robbery.

Classification: Class 4 felony (F4). 2 to 6 years DOC.

Aggravated Robbery — § 18-4-302

Statutory language: A person commits aggravated robbery if the person commits robbery and during the act or immediate flight: (a) is armed with a deadly weapon with intent, if resisted, to kill, maim, or wound the person robbed or any other person; or (b) knowingly wounds or strikes the person robbed or any other person with a deadly weapon or by use of force, threats, or intimidation with a deadly weapon causes the person robbed to reasonably believe he or she or any other person has been or is being wounded; or (c) has present a confederate armed with a deadly weapon with intent to kill, maim, or wound the person robbed or any other person; or (d) possesses any article used or fashioned in a manner to lead any person reasonably to believe it to be a deadly weapon.

Classification: Class 3 felony (F3) — extraordinary risk crime. 4 to 16 years DOC (extraordinary risk adds 4 years). Almost always triggers a crime of violence finding: midpoint minimum (8 years), up to 24 years.

Theft — § 18-4-401

Statutory language: A person commits theft when he or she knowingly obtains, retains, or exercises control over anything of value of another without authorization or by threat or deception, and: (a) intends to deprive the other person permanently of the use or benefit of the thing of value; or (b) knowingly uses, conceals, or abandons the thing of value in such manner as to deprive the other person permanently of its use or benefit; or (c) uses, conceals, or abandons the thing of value intending that such use, concealment, or abandonment will deprive the other person permanently of its use or benefit; or (d) demands any consideration to which he or she is not legally entitled as a condition of restoring the thing of value; or (e) knowingly retains the thing of value more than seventy-two hours after the agreed-upon time of return.

Classification by value — § 18-4-401(2):

Under $300: Petty offense. No jail. Fine only.
$300 to $999: Class 2 misdemeanor (M2). Up to 120 days jail.
$1,000 to $1,999: Class 1 misdemeanor (M1). Up to 364 days jail.
$2,000 to $4,999: Class 6 felony (F6). 1 year to 18 months DOC.
$5,000 to $19,999: Class 5 felony (F5). 1 to 3 years DOC.
$20,000 to $99,999: Class 4 felony (F4). 2 to 6 years DOC.
$100,000 to $999,999: Class 3 felony (F3). 4 to 12 years DOC.
$1,000,000 or more: Class 2 felony (F2). 8 to 24 years DOC.

Theft of a firearm: Always class 6 felony regardless of value — § 18-4-401(2.3), HB 25-1062, effective June 2, 2025.

Theft from a person (not by force or threat): Class 5 felony regardless of value — § 18-4-401(5).

Aggravated Motor Vehicle Theft — § 18-4-409

Statutory language: A person commits aggravated motor vehicle theft if the person knowingly obtains or exercises control over the motor vehicle of another without authorization or by threat or deception.

First degree (vehicle value exceeds $20,000, or vehicle taken by threat/force, or 2+ prior convictions): Class 4 felony (F4). 2 to 6 years DOC.

Second degree (all other cases): Class 5 felony (F5). 1 to 3 years DOC.

Burglary

First-Degree Burglary — § 18-4-202

Statutory language: A person commits first degree burglary if the person knowingly enters unlawfully, or remains unlawfully after a lawful or unlawful entry, in a building or occupied structure with intent to commit therein a crime against another person or property, and if in effecting entry or while in the building or occupied structure or in immediate flight therefrom, the person or another participant in the crime assaults or menaces any person, or the person or another participant is armed with explosives or a deadly weapon.

Classification: Class 3 felony (F3). 4 to 12 years DOC. Crime of violence eligible under § 18-1.3-406.

Second-Degree Burglary — § 18-4-203

Statutory language: A person commits second degree burglary if the person knowingly breaks an entrance into, enters unlawfully in, or remains unlawfully after a lawful or unlawful entry in a building or occupied structure with intent to commit therein a crime against another person or property.

Classification: Class 4 felony (F4). 2 to 6 years DOC. If committed to obtain a controlled substance: class 3 felony (F3), 4 to 12 years.

Third-Degree Burglary — § 18-4-204

Statutory language: A person commits third degree burglary if, with intent to commit a crime, he enters or breaks into any vault, safe, cash register, coin vending machine, product dispenser, money depository, safety deposit box, coin telephone, coin-operated machine, or other apparatus or equipment.

Classification: Class 5 felony (F5). 1 to 3 years DOC.

Criminal Trespass

First-Degree Criminal Trespass — § 18-4-502

Statutory language: A person commits the crime of first degree criminal trespass if such person knowingly and unlawfully enters or remains in the dwelling of another.

Classification: Class 5 felony (F5). 1 to 3 years DOC.

Second-Degree Criminal Trespass — § 18-4-503

Statutory language: A person commits the crime of second degree criminal trespass if such person unlawfully enters or remains in or upon the premises of another which are enclosed in a manner designed to exclude intruders or are fenced.

Enclosed premises/building: Class 3 misdemeanor. Unimproved/unoccupied land: Petty offense.

Third-Degree Criminal Trespass — § 18-4-504

Statutory language: A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another.

Classification: Petty offense. Fine only.

Criminal Mischief — § 18-4-501

Statutory language: A person commits criminal mischief when he or she knowingly damages the real or personal property of one or more other persons.

Classification: Same dollar thresholds as theft — § 18-4-501(4). Petty offense under $300 through class 2 felony at $1,000,000+.

Arson

First-Degree Arson — § 18-4-102

Statutory language: A person who knowingly sets fire to, burns, causes to be burned, or by the use of any explosive damages or destroys, or causes to be damaged or destroyed, any building or occupied structure of another without the consent of the owner commits first degree arson.

Classification: Class 3 felony (F3). 4 to 12 years DOC. Crime of violence eligible under § 18-1.3-406.

Second-Degree Arson — § 18-4-103

Statutory language: A person who knowingly sets fire to, burns, causes to be burned, or by the use of any explosive damages or destroys, or causes to be damaged or destroyed, any property of another without consent of the owner commits second degree arson.

Classification: Class 4 felony (F4). 2 to 6 years DOC.

Forgery — § 18-5-102

Statutory language: A person commits forgery if, with intent to defraud, such person falsely makes, completes, alters, or utters a written instrument which is or purports to be, or which is calculated to become or to represent if completed, a written instrument officially issued or created by a public office, public servant, or government agency; or a written instrument that provides a legal right or obligation.

Classification: Class 5 felony (F5). 1 to 3 years DOC.

Fraud

Theft by deception: Theft through deception or false representations falls under the general theft statute (§ 18-4-401) and is classified by value using the same theft thresholds — petty offense through class 2 felony.

Credit/debit card fraud — § 18-5-702: Using a stolen, forged, or revoked credit or debit card to obtain goods, services, or anything of value. Classification follows the theft value thresholds.

Check fraud / insufficient funds — § 18-5-205: Issuing a bad check with intent to defraud. Misdemeanor to felony depending on the amount, following theft value thresholds.

Insurance fraud — § 18-5-211: Knowingly presenting false claims or documentation to an insurance company with intent to defraud. Class 5 felony (F5). 1 to 3 years DOC.

Identity Theft — § 18-5-902

Statutory language: A person commits the crime of identity theft if he or she knowingly uses the personal identifying information, financial identifying information, or financial device of another without permission or lawful authority with the intent to obtain cash, credit, or anything of value, or to make a financial transaction.

Classification: Class 4 felony (F4). 2 to 6 years DOC.

Criminal Impersonation — § 18-5-113

Statutory language: A person commits criminal impersonation if the person knowingly assumes a false or fictitious identity or capacity, and in such identity or capacity, does any act with intent to unlawfully gain a benefit or to injure or defraud another person.

Classification: Class 6 felony (F6). 1 year to 18 months DOC.

Drug Possession — § 18-18-403.5

Statutory language: It is unlawful for a person to knowingly or recklessly possess a controlled substance.

Classification by substance and amount:

Schedule I/II (cocaine, meth, heroin, MDMA) — 4 grams or less: DM1. Up to 180 days jail. 4th+ offense becomes DF4.
Schedule I/II — more than 4 grams: DF4. 6 months to 1 year DOC.
Schedule III/IV/V (prescription drugs without valid prescription) — any amount: DM1. 4th+ offense becomes DF4.
Fentanyl, carfentanil, benzimidazole — 1 gram or less: DM1. 4th+ offense becomes DF4.
Fentanyl — more than 1 gram to 4 grams: DF4. 6 months to 1 year DOC.
Fentanyl — more than 60% composition: DF2. 4 to 8 years DOC (pending CBI certification).
Flunitrazepam, GHB, ketamine, cathinones — any amount: DF4.

Drug Distribution and Manufacturing — § 18-18-405

Statutory language: It is unlawful for any person knowingly to manufacture, dispense, sell, or distribute, or to possess with intent to manufacture, dispense, sell, or distribute, a controlled substance.

Schedule I/II classification by amount:

225+ grams (or 50+ grams fentanyl): DF1 (mandatory). 8 to 32 years DOC.
14 to 225 grams (or 4 to 50 grams fentanyl): DF2. 4 to 8 years.
14 grams or less (or 4 grams or less fentanyl): DF3. 2 to 4 years.
Shared use / no compensation — 4 grams or less: DF4. 6 months to 1 year.
Schedule V or small transfer Schedule III/IV: DM1.
Adult selling any Schedule I/II to a minor (2+ years older): DF1 (mandatory). 8 to 32 years.
Fentanyl distribution causing death: DF1 (mandatory). 8 to 32 years.

Drug distribution is an extraordinary risk crime under § 18-1.3-401(10).

DUI and DWAI

DUI — § 42-4-1301(1)(a)

Statutory language: A person who drives a motor vehicle or vehicle while under the influence of alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, commits driving under the influence. "Under the influence" means that the person has consumed alcohol or one or more drugs, or a combination of both, which alcohol alone, or one or more drugs alone, or alcohol combined with one or more drugs, affects the person to a degree that the person is substantially incapable of safely operating the vehicle.

First DUI: 5 days to 1 year jail (5-day mandatory minimum), $600 to $1,000 fine, 9-month license revocation.

Second DUI: 10 days to 1 year jail, $600 to $1,500 fine, 1-year license revocation, mandatory ignition interlock 2+ years.

Third DUI: 60 days to 1 year jail, $600 to $1,500 fine, 2-year license revocation.

Fourth+ DUI (Felony): Class 4 felony (F4). 2 to 6 years DOC, $2,000 to $500,000 fine, 3 years mandatory parole. No lookback period. DUI, DWAI, DUI Per Se, vehicular homicide (DUI), and vehicular assault (DUI) all count as priors — § 42-4-1301(1)(j). Must be from separate criminal episodes.

DWAI — § 42-4-1301(1)(b)

Statutory language: A person who drives a motor vehicle or vehicle when the person has consumed alcohol or one or more drugs, or a combination of both, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle commits DWAI.

First DWAI: 2 to 180 days jail, $200 to $500 fine, 8 points on license.

DUI Per Se — § 42-4-1301(2)(a)

Statutory language: A person who drives a motor vehicle or vehicle when the person's BAC is 0.08 or more at the time of driving or within two hours after driving commits DUI per se.

DUI, DWAI, and DUI Per Se are strict liability offenses — § 42-4-1301(3). Refusal to test is admissible at trial — § 42-4-1301(6)(d).

BAC Presumptions — § 42-4-1301(6)

0.05 or below: Presumed NOT under the influence. Above 0.05 but below 0.08: Permissible inference of impairment (DWAI). 0.08 or above: Permissible inference of DUI. 5+ ng/mL THC in whole blood: Permissible inference of drug influence.

Express Consent — § 42-4-1301.1

Colorado drivers give implied consent to chemical testing. Refusing a test results in automatic license revocation: 1 year (first), 2 years (second), 3 years (third).

Vehicular Eluding — § 18-9-116.5

Statutory language: Any person who, while operating a motor vehicle, knowingly eludes or attempts to elude a peace officer also operating a motor vehicle, and who knows or reasonably should know that he or she is being pursued by a peace officer, commits vehicular eluding.

Base offense: Class 5 felony (F5). 1 to 3 years DOC.

With reckless driving creating substantial risk of bodily injury: Class 4 felony (F4). 2 to 6 years DOC.

Hit and Run / Leaving the Scene

Statutory language — § 42-4-1601: The driver of any vehicle directly involved in an accident resulting in injury to or death of any person shall immediately stop at the scene of the accident or as close thereto as possible, and shall remain at the scene until the driver has fulfilled certain requirements (providing information, rendering reasonable assistance).

Accident involving death: Class 3 felony (F3). 4 to 12 years DOC.

Accident involving serious bodily injury: Class 4 felony (F4). 2 to 6 years DOC.

Accident involving injury (not SBI): Class 1 traffic misdemeanor.

Accident involving property damage only — § 42-4-1602: Class 2 traffic misdemeanor.

Domestic Violence — § 18-6-801

Statutory language: "Domestic violence" means an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. "Domestic violence" also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.

DV is a sentence enhancer, not a standalone charge. Colorado is a mandatory arrest state — § 18-6-803.6.

Mandatory consequences when the DV enhancer applies:

• Mandatory DV evaluation and treatment (typically 36 weeks)
• Mandatory protection order (§ 18-1-1001)
• Firearms prohibition — state (§ 18-6-801) and federal (18 U.S.C. § 922(g)(9))
• Firearms surrender within 24 hours of sentencing
• Affidavit listing firearms due within 7 business days; failure to comply is M2

Habitual DV offender — § 18-6-801(7): A misdemeanor DV offense becomes a class 5 felony (F5) if the defendant has 3+ prior DV convictions from separate incidents (including federal, state, or municipal). Deferred judgment is available for DV offenses, but DV treatment is still required. No plea to a non-DV offense unless the DA cannot establish the intimate relationship element prima facie.

Child Abuse — § 18-6-401

Statutory language: A person commits child abuse if such person causes an injury to a child's life or health, or permits a child to be unreasonably placed in a situation that poses a threat of injury to the child's life or health, or engages in a continued pattern of conduct that results in malnourishment, lack of proper medical care, cruel punishment, mistreatment, or an accumulation of injuries that ultimately results in the death of a child or serious bodily injury to a child.

Classification depends on the mental state (knowingly/recklessly vs. criminal negligence) and the result (death, serious bodily injury, or lesser injury/no injury):

Knowingly or recklessly — death of child: Class 2 felony (F2). 8 to 24 years DOC.

Knowingly or recklessly — serious bodily injury: Class 3 felony (F3). 4 to 12 years DOC. Extraordinary risk crime (max becomes 16 years).

Knowingly or recklessly — no death or SBI: Class 1 misdemeanor (M1). Up to 364 days jail. (This includes causing bodily injury or permitting a situation posing threat of injury.)

Criminal negligence — death of child: Class 4 felony (F4). 2 to 6 years DOC.

Criminal negligence — serious bodily injury: Class 5 felony (F5). 1 to 3 years DOC.

Criminal negligence — no death or SBI: Class 2 misdemeanor (M2). Up to 120 days jail. (This covers negligently permitting a child to be in a situation posing threat of injury, without actual serious injury resulting.)

Child abuse allegations frequently arise from custody disputes and mandatory reporter investigations. Thorough investigation of the full context — including family law disputes and the source of the report — is critical to the defense.

Protection Order Violations — § 18-6-803.5

Statutory language: A person commits the crime of violation of a protection order when, after being properly served with a protection order, restraining order, or emergency protection order, the person contacts, harasses, injures, intimidates, molests, threatens, or touches the protected person or enters or remains on premises or comes within a specified distance of the protected person.

Base violation: Class 2 misdemeanor (M2). Up to 120 days jail.

With prior VPO conviction, or order per § 18-1-1001 (mandatory criminal protection order), or stalking/intimate relationship context: Class 1 misdemeanor (M1). Up to 364 days jail.

Harassment — § 18-9-111

Statutory language: A person commits harassment if, with intent to harass, annoy, or alarm another person, the person: (a) strikes, shoves, kicks, or otherwise touches or subjects the other person to physical contact; (b) in a public place directs obscene language or makes an obscene gesture; (c) follows a person in or about a public place; (e) initiates communication with a person by telephone, email, or other electronic means in a manner intended to harass or threaten bodily injury or property damage; (f) makes repeated communications at inconvenient hours; (g) repeatedly insults, taunts, challenges, or makes communications in offensively coarse language; (h) repeatedly makes any form of communication anonymously or at extremely inconvenient hours; (i) directly or indirectly initiates communication by means intended to harass or interfere with a transit worker.

Physical contact (1)(a), following (1)(c), transit worker interference (1)(i): Class 1 misdemeanor (M1). Up to 364 days jail.

Electronic/phone (1)(e), repeated calls (1)(f), inconvenient hours (1)(g), taunting (1)(h): Class 2 misdemeanor (M2). Up to 120 days jail.

Obscene gesture in public (1)(b): Petty offense. No jail.

Bias-motivated harassment: Class 1 misdemeanor (M1).

Disorderly Conduct — § 18-9-106

Statutory language: A person commits disorderly conduct if the person intentionally, knowingly, or recklessly: (a) makes a coarse and obviously offensive utterance, gesture, or display in a public place and the utterance, gesture, or display tends to incite an immediate breach of the peace; (d) makes unreasonable noise in a public place or near a private residence that the person has no right to occupy; (e) fights with another person in a public place; (f) not being a peace officer, discharges a firearm in a public place; (g) displays a deadly weapon or simulated deadly weapon in a public place in a manner calculated to alarm.

Classification: Petty offense. Fine only, no jail. Displaying a deadly weapon to alarm may be charged as menacing (F5) instead.

Indecent Exposure — § 18-7-302

Statutory language: A person commits indecent exposure if the person knowingly exposes his or her genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm.

First offense: Class 1 misdemeanor (M1). Up to 364 days jail.

Second or subsequent offense: Class 6 felony (F6). 1 year to 18 months DOC.

Exposure to a child under 15 with intent to arouse: Class 4 felony (F4). 2 to 6 years DOC. May require sex offender registration.

Prostitution and Solicitation

Prostitution — § 18-7-201

Statutory language: Any person who performs or offers or agrees to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse with any person not his spouse in exchange for money or other thing of value commits prostitution.

First offense: Petty offense.
Subsequent offenses: Class 1 misdemeanor (M1).

Soliciting Prostitution — § 18-7-202

Statutory language: Any person who solicits another for the purpose of prostitution commits soliciting for prostitution.

Adult solicitation: Class 1 misdemeanor (M1).
Soliciting a minor: Class 3 felony (F3). 4 to 12 years DOC.

Patronizing a Prostitute — § 18-7-205

Statutory language: Any person who engages in an act of sexual intercourse or of deviate sexual conduct with a prostitute commits patronizing a prostitute.

Adult: Petty offense.
Minor or trafficking victim: Class 4 felony (F4). 2 to 6 years DOC.

Pimping — § 18-7-206

Statutory language: Any person who knowingly lives on or is supported or maintained in whole or in part by money or other thing of value earned, received, procured, or realized by any other person through prostitution commits pimping.

Adult prostitute: Class 5 felony (F5). 1 to 3 years DOC.
Involving a child: Class 3 felony (F3). 4 to 12 years DOC.

Invasion of Privacy for Sexual Gratification — § 18-3-405.6

Statutory language: A person commits invasion of privacy for sexual gratification if the person knowingly observes or takes a photograph of another person's intimate parts without that person's consent for the purpose of the observer's own sexual gratification.

Misdemeanor level: Class 1 misdemeanor (M1). Up to 364 days jail.

Felony level (recording/distributing images, or victim under 15): Class 6 felony (F6). 1 year to 18 months DOC. Felony-level invasion of privacy is an extraordinary risk crime (§ 18-1.3-401(10)).

Cruelty to Animals — § 18-9-202

Statutory language: A person commits cruelty to animals if the person knowingly, recklessly, or with criminal negligence overdrives, overloads, overworks, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, allows to be housed in a manner that results in chronic or repeated serious physical harm, carries or confines in or upon any vehicles in a cruel or reckless manner, engages in or instigates any fight between animals, or otherwise mistreats or neglects any animal.

General cruelty: Class 1 misdemeanor (M1). Up to 364 days jail.

Aggravated cruelty (knowingly torturing, needlessly mutilating, or needlessly killing): Class 6 felony (F6). 1 year to 18 months DOC.

Resisting Arrest — § 18-8-103

Statutory language: A person commits resisting arrest if the person knowingly prevents or attempts to prevent a peace officer, acting under color of official authority, from effecting an arrest of the actor or another, by using or threatening to use physical force or violence against the peace officer or another, or by using any other means which creates a substantial risk of causing bodily injury to the peace officer or another.

Classification: Class 2 misdemeanor (M2). Up to 120 days jail.

Obstructing a Peace Officer — § 18-8-104

Statutory language: A person commits obstructing a peace officer when, by using or threatening to use violence, force, physical interference, or an obstacle, the person knowingly obstructs, impairs, or hinders the enforcement of the penal law or the preservation of the peace by a peace officer acting under color of official authority.

Without force: Class 2 misdemeanor (M2). Up to 120 days jail.

With force, violence, or dangerous weapon: Class 6 felony (F6). 1 year to 18 months DOC.

Escape — § 18-8-208

Statutory language: A person commits escape if the person, while in custody or confinement for or charged with or convicted of a felony or misdemeanor, knowingly departs from custody or confinement without proper authorization, or knowingly fails to return to custody or confinement following temporary leave.

From felony custody: Class 4 felony (F4). 2 to 6 years DOC.

From misdemeanor custody: Class 5 felony (F5). 1 to 3 years DOC.

Escape is crime of violence eligible under § 18-1.3-406 if the person uses physical force or a weapon.

False Reporting — § 18-8-111

Statutory language: A person commits false reporting to authorities if the person knowingly provides a false report of a crime, false alarm of fire, or false information to a law enforcement authority regarding the commission of an offense.

Classification: Class 2 misdemeanor (M2). Up to 120 days jail.

Perjury

First-Degree Perjury — § 18-8-502

Statutory language: A person commits perjury in the first degree if, in any official proceeding, he makes a materially false statement, which he does not believe to be true, under an oath required or authorized by law.

Classification: Class 4 felony (F4). 2 to 6 years DOC.

Second-Degree Perjury — § 18-8-503

Statutory language: A person commits perjury in the second degree if, other than in an official proceeding, the person makes a materially false statement, which the person does not believe to be true, under an oath required or authorized by law.

Classification: Class 1 misdemeanor (M1). Up to 364 days jail.

Witness Tampering and Retaliation

Tampering with a Witness or Victim — § 18-8-707

Statutory language: A person commits tampering with a witness or victim if, believing that an official proceeding is pending or about to be instituted, the person attempts to induce or otherwise cause a witness or victim to: testify or inform falsely; withhold testimony, information, a document, or thing; elude legal process summoning the person; or absent himself from an official proceeding.

Without force or threat: Class 4 felony (F4). 2 to 6 years DOC.

With physical force, threat, or intimidation: Class 3 felony (F3). 4 to 12 years DOC.

Retaliation Against a Witness or Victim — § 18-8-706

Statutory language: A person commits retaliation against a witness or victim if, in retaliation for anything lawfully done by another in the capacity of witness or victim, the person causes bodily injury, damages the property of, threatens, intimidates, or harasses the witness or victim or an immediate family member.

Classification: Class 4 felony (F4). 2 to 6 years DOC.

Bribery — § 18-8-302

Statutory language: A person commits bribery if the person offers, confers, or agrees to confer any pecuniary benefit upon a public servant with the intent to influence the public servant's vote, opinion, judgment, exercise of discretion, or other action in an official capacity.

Classification: Class 4 felony (F4). 2 to 6 years DOC.

Failure to Appear — § 18-8-212

Statutory language: A person released on bail by a court or by any officer who is by law authorized to admit persons to bail in criminal cases and who fails to appear at the time and place lawfully directed, having previously been notified of such time and place, commits failure to appear.

While on bond for a felony: Class 5 felony (F5). 1 to 3 years DOC.

While on bond for a misdemeanor: Class 2 misdemeanor (M2). Up to 120 days jail.

A bench warrant is issued automatically under Crim. P. 7(f). The judge can also increase or revoke bond.

Criminal Attempt — § 18-2-101

Statutory language: A person commits criminal attempt if, acting with the kind of culpability otherwise required for commission of an offense, he engages in conduct constituting a substantial step toward the commission of the offense.

Penalty: Generally one classification level lower than the completed offense. Attempt to commit a class 1 felony: class 2 felony. Attempt to commit a class 2 felony: class 3 felony. And so on. Attempt to commit a misdemeanor: misdemeanor of the same class.

Conspiracy — § 18-2-201

Statutory language: A person commits conspiracy to commit a crime if, with the intent to promote or facilitate its commission, he agrees with another person or persons that they, or one or more of them, will engage in conduct which constitutes a crime or an attempt to commit a crime, or he agrees to aid the other person or persons in the planning or commission of a crime or of an attempt to commit such crime.

Penalty: Same classification level as the target offense. Conspiracy to commit a class 1 felony: class 2 felony. All other felony conspiracies: same class as the target offense.

Criminal Solicitation — § 18-2-301

Statutory language: A person commits criminal solicitation if the person, with the intent to promote or facilitate the commission of a crime, commands, induces, entreats, or otherwise attempts to persuade another person to commit a felony.

Penalty: Generally one classification level lower than the solicited offense.

Complicity and Accessory

Complicity — § 18-1-603

Statutory language: A person is legally accountable as principal for the behavior of another constituting a criminal offense if, with the intent to promote or facilitate the commission of the offense, he or she aids, abets, advises, or encourages the other person in planning or committing the offense.

Penalty: Same as the principal offender. An accomplice faces the same charges and sentencing range as the person who physically committed the crime.

Accessory to Crime — § 18-8-105

Statutory language: A person is an accessory to crime if, with intent to hinder, delay, or prevent the discovery, detection, apprehension, prosecution, conviction, or punishment of another for the commission of a crime, the person renders assistance to such person.

Classification: Class 4 felony (F4). 2 to 6 years DOC.

Weapons Offenses

Possession of a Weapon by a Previous Offender (POWPO) — § 18-12-108

Statutory language: A person commits the offense of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries a firearm, and has previously been convicted of a felony, or of attempt to commit a felony, or of conspiracy to commit a felony.

Classification: Class 6 felony (F6). 1 year to 18 months DOC. May be class 5 felony (F5) depending on the underlying felony and circumstances.

Prohibited Use of Weapons — § 18-12-106

Statutory language: A person commits a crime if the person: (a) knowingly and unlawfully aims a firearm at another person; (b) recklessly or with criminal negligence discharges a firearm; (c) knowingly sets a loaded gun, trap, or device designed to cause an explosion and leaves it unattended.

Classification: Class 2 misdemeanor (M2). Up to 120 days jail.

Illegal Discharge of a Firearm — § 18-12-107.5

Statutory language: Any person who knowingly or recklessly discharges a firearm into any dwelling or building or occupied structure commits illegal discharge of a firearm.

Classification: Class 5 felony (F5). 1 to 3 years DOC.

Carrying a Concealed Weapon — § 18-12-105

Statutory language: A person commits a class 2 misdemeanor if the person knowingly and unlawfully carries a concealed weapon (knife or firearm) on or about his or her person.

Classification: Class 2 misdemeanor (M2). Up to 120 days jail.

Computer Crime — § 18-5.5-102

Statutory language: A person commits computer crime if the person knowingly accesses any computer, computer network, or computer system, or any part thereof, without authorization, or exceeds authorized access, for the purpose of: devising or executing any scheme to defraud; obtaining money, property, or services by means of false or fraudulent pretenses, representations, or promises; or committing theft.

Classification: Follows the same value-based thresholds as theft. Petty offense under $300 through class 2 felony at $1,000,000+. Unauthorized access without theft or damage: class 2 misdemeanor (M2).

Bias-Motivated Crimes — § 18-9-121

Statutory language: A person commits a bias-motivated crime if, with the intent to intimidate or harass another person because of that person's actual or perceived race, color, religion, ancestry, national origin, physical or mental disability, or sexual orientation, the person knowingly causes bodily injury, damages property, threatens by word or conduct to cause bodily injury or damage to property, or places in fear of imminent lawless action.

Classification: One class higher than the underlying offense. A class 1 misdemeanor underlying offense becomes a class 6 felony. A class 5 felony underlying offense becomes a class 4 felony.

Sentence Enhancers

Crimes of Violence — § 18-1.3-406

A "crime of violence" exists when, during the offense or immediate flight, the defendant: (A) used, or possessed and threatened use of, a deadly weapon; OR (B) caused serious bodily injury or death.

Effect: Mandatory DOC sentence at least the midpoint of the presumptive range (as modified for extraordinary risk), up to twice the maximum. No probation. No community corrections (except court may modify within 91 days if exceptional circumstances). Additional mandatory consecutive 5 years for use of a firearm or semiautomatic assault weapon — § 18-1.3-406(7).

Consecutive sentences: For offenses on or after July 1, 2023, multiple crimes of violence from the same incident must be served consecutively (with limited exceptions per § 18-1.3-406(1)(e)).

Applies to: Crimes against at-risk persons, murder, 1st/2nd degree assault, kidnapping, sexual offenses (Part 4 Art. 3), aggravated robbery, 1st degree arson, 1st degree burglary, escape, criminal extortion, 1st/2nd degree unlawful termination of pregnancy, human trafficking for involuntary servitude (§ 18-3-503), human trafficking for sexual servitude (§ 18-3-504). Also: any unlawful sexual offense involving bodily injury, threat, intimidation, or force (felony offenses only).

Extraordinary Risk Crimes — § 18-1.3-401(10)

Enhancement increases the maximum of the presumptive range:

• F3: +4 years (max becomes 16)
• F4: +2 years (max becomes 8)
• F5: +1 year (max becomes 4)
• F6: +6 months (max becomes 24 months)

Designated crimes per § 18-1.3-401(10)(b): Aggravated robbery (§ 18-4-302); child abuse (§ 18-6-401); unlawful distribution/manufacturing/dispensing/sale/possession with intent (§ 18-18-405); any crime of violence (§ 18-1.3-406); stalking (§ 18-3-602); sale/distribution of materials to manufacture controlled substances (§ 18-18-412.7); felony invasion of privacy for sexual gratification (§ 18-3-405.6); F3 human trafficking for involuntary servitude (§ 18-3-503); F3 human trafficking for sexual servitude (§ 18-3-504); assault 2nd degree by strangulation (§ 18-3-203(1)(i)); sexual exploitation of a child (§ 18-6-403(5.5)).

Habitual Offender — § 18-1.3-801

§ 801(1): F1, F2, DF1, or F3 crime of violence + 2 prior convictions of same level → Life (parole eligibility after 40 years).

§ 801(1.5): F1-F5 or DF1-DF3 + 2 prior felonies within 10 years (separate episodes) → 3× maximum of presumptive range.

§ 801(2): Any felony + 3+ prior felonies (separate episodes) → 4× maximum of presumptive range.

§ 801(2.5): Already sentenced under (2) + subsequent crime of violence conviction → Life (40-year parole eligibility).

Exceptions: § 801(2) does not apply to DF4 possession under § 18-18-403.5(2) in certain fentanyl/substance circumstances. Modification petition (HB 23-1292, § 801(6)): Defendants sentenced as habitual to 24+ years who have served at least 10 calendar years may petition for resentencing.

Domestic Violence Enhancer

DV is not a separate crime — it is a sentence enhancer (§ 18-6-801) attaching to any offense involving an act of domestic violence. See the Domestic Violence section for full details on mandatory consequences.

Sentencing Alternatives

Deferred Judgment — § 18-1.3-102

The defendant pleads guilty, but the court defers entering the judgment for a specified period. Successful completion — the guilty plea is withdrawn, charges dismissed with prejudice. No conviction on the record.

Duration: Up to 4 years (felony) or 2 years (misdemeanor/petty/traffic). May be extended +182 days if sole outstanding condition is restitution inability; +2 years if offense listed in § 16-11.7-102(3) and good cause shown.

Requirements: Written consent of defendant, defense attorney, and DA. Written stipulation of conditions. DV cases must include conditions per § 18-1.3-204(2)(b). Defendant waives speedy trial rights for duration — § 18-1.3-102(3).

Successful deferred judgment results in dismissal — superior to conviction for employment, housing, immigration, licensing, and VA benefits.

Pretrial Diversion — § 18-1.3-101

The DA suspends prosecution for up to 2 years (extendable +1 year for restitution). No plea required. Defendant not required to enter plea as condition.

Successful completion: Court dismisses all charges with prejudice. Defendant restored to pre-arrest status. Not a conviction for any purpose. Court seals all arrest/criminal records. Defendant need not disclose arrest.

Eligibility is at DA discretion. DV cases: charges must be filed, counsel consulted, DV treatment evaluation completed first. Ineligible: sexual assault (§ 18-3-402), sexual assault on child (§ 18-3-405), sex offenses against at-risk persons, enticement/exploitation of child, sexual assault by position of trust.

Probation — §§ 18-1.3-201 through 213

Available for most offenses unless statute makes defendant ineligible (e.g., crime of violence with mandatory DOC sentence). Conditions set by court — must include: not commit another offense. May include: treatment, restitution, community service, supervision, drug testing, DV counseling.

Revocation (Crim.P. 32(f)): No jury right. Burden: preponderance of evidence for condition violations; beyond reasonable doubt for new criminal offense (unless already convicted). Hearing within 14 days if in custody.

Community Corrections — § 18-1.3-301

A residential transitional facility (halfway house). Available as a direct sentence or as a transition from DOC. The court determines eligibility based on the nature of the offense, the defendant's record, and community safety.

Bond and Bail — §§ 16-4-101 through 16-4-105

All persons are bailable except: (1) first-degree murder when proof is evident or presumption great (added 2024, Amendment I, effective 12/17/2024); (2) certain crimes of violence when defendant poses significant peril; (3) sex offenses against victims 14 or younger (7+ year age gap); (4) post-conviction appeals from crime of violence.

48-hour rule: Arrested person must be brought before judge within 48 hours — § 16-4-102(2)(a). Must be individualized hearing with arrestee present.

Types of bond: Personal recognizance (PR), PR with conditions, cash bond, surety bond (10-15% nonrefundable premium), property bond (equity ≥ 1.5× bond amount).

Factors: Employment, family relationships, residency, character/reputation, likely sentence, prior record and FTAs, risk of re-offense, witness intimidation risk, community ties — § 16-4-103(5). Court shall use empirically developed risk assessment if available — § 16-4-103(3)(b).

DUI-specific: Cannot attend bail hearing until no longer intoxicated — § 16-4-104(4). Person with 1+ prior DUI/DWAI: must abstain from alcohol and illegal drugs, monitored — § 16-4-105(6).

Immigration: Sheriff shall not delay release for immigration enforcement — § 16-4-102(2)(e.5), SB 25-276, effective 5/23/2025.

Record Sealing

Non-Conviction Records — § 24-72-705

Court shall order records sealed when: case completely dismissed; defendant acquitted of all counts; defendant completes diversion agreement (§ 18-1.3-101) when case was filed; defendant completes deferred judgment (§ 18-1.3-102) and all counts dismissed. No written motion required — § 24-72-705(1)(a.5). Court enters sealing order at time of disposition; serves order within 28 days. If court fails to seal, CBI automatically seals upon receipt of disposition data. Retroactive — applies to all eligible cases regardless of when dismissed. If automatic sealing doesn't occur, defendant may file motion at any time, no fees.

Conviction Records — § 24-72-706

Filed in court of conviction. Waiting period after completion of sentence varies by offense level (typically 1-3 years for misdemeanors, 3-10 years for felonies). DA and victims may object. Court considers: nature of offense, criminal history, rehabilitation, victim impact.

Clean Slate Act (HB 22-1314)

Expanded automatic sealing eligibility for certain lower-level convictions after waiting period. Specific drug offenses and lower-level convictions may qualify for automatic sealing without petition.

Legalized Conduct Sealing — § 24-72-711 (2025)

If statutory change legalizes previously prohibited conduct, defendant may move to seal conviction. DA has 42 days to object (must have good faith belief offense still illegal). If no objection within 42 days, court shall seal. Creates new opportunities for prior marijuana-related convictions.

Attorney Access to Sealed Records — § 24-72-703 (2025)

Court shall allow access if person affirms in writing: they are an attorney (or acting on behalf of one), defendant gave written permission, and access is solely for legal advice or evaluating representation.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Colorado?

Felonies carry sentences of 1 year to life in the Department of Corrections (state prison). Misdemeanors carry up to 364 days in county jail. Felonies result in loss of certain civil rights (voting while incarcerated, firearms possession, professional licensing restrictions) that misdemeanors may not.

Can any criminal charge in Colorado be reduced or dismissed?

Every case is different, but charges across the entire spectrum can potentially be reduced or dismissed depending on the evidence, the circumstances, and the defense strategy. Unlawful searches, insufficient evidence, witness credibility issues, and constitutional violations are all grounds for dismissal regardless of the charge.

Do Colorado criminal penalties vary by county?

The sentencing ranges are set by state statute and apply identically in every county. However, the approach of individual district attorneys and judges can vary significantly. An attorney familiar with the specific court where your case is filed has a significant advantage.

How long does a criminal case take in Colorado?

Misdemeanor cases typically resolve within 3 to 6 months. Felony cases can take 6 months to over a year. Under Crim. P. 48, the prosecution must bring the case to trial within 6 months of a speedy trial demand (or a not-guilty plea, whichever is earlier), though continuances and complexity can extend this timeline.

What should I do if I am facing criminal charges in Colorado?

Exercise your right to remain silent, do not consent to searches, and contact a criminal defense attorney as soon as possible. The decisions made in the first hours and days after an arrest shape the entire outcome of the case.

This guide is for informational purposes only and does not constitute legal advice. Every case is different. Contact a qualified criminal defense attorney to discuss the specific facts of your situation.