Facing a criminal charge in Denver can be overwhelming—especially when you’re unsure whether you’re dealing with a misdemeanor or a felony. These two classifications carry very different consequences, both in the courtroom and in your life afterward. If you’ve been charged with a crime, understanding the difference between a felony and a misdemeanor is the first step to protecting your rights and planning your defense.
A trusted Denver criminal lawyer can walk you through the details of your case, but let’s explore the basics of how Colorado law defines and handles these two types of charges.
What Is a Misdemeanor in Colorado?
Misdemeanors are considered less serious than felonies, but they can still carry jail time, fines, and long-term consequences. In Colorado, misdemeanors are broken down into classes:
Class 1 Misdemeanors
These are the most serious misdemeanor charges and can include:
- Third-degree assault
- Resisting arrest
- Certain domestic violence offenses
Penalties:
- Up to 364 days in jail
- A fine of up to $1,000
- Or both
Class 2 Misdemeanors
These offenses are less severe but still serious:
- Trespassing
- Criminal mischief (minor property damage)
- Harassment
Penalties:
- Up to 120 days in jail
- A fine of up to $750
- Or both
Some misdemeanor charges may also include mandatory probation, community service, or treatment programs. In Denver County, misdemeanor cases are handled by the county courts.
What Is a Felony in Colorado?
Felonies are the most serious criminal offenses under Colorado law. These charges are usually tied to violent crimes, high-value theft, or repeat offenses. Felony convictions carry much steeper penalties—including long-term prison sentences and significant fines.
Felonies are divided into six classes (Class 1 being the most serious):
Class 1 Felonies
These include the most severe crimes, such as:
- First-degree murder
- Kidnapping resulting in death
Penalties:
- Life in prison or the death penalty (where applicable)
Class 2 Felonies
These may include:
- Second-degree murder
- Large-scale drug trafficking
- Sexual assault
Penalties:
- 8 to 24 years in prison
- Fines up to $1 million
Class 3 to Class 6 Felonies
These cover a range of offenses, including:
- Burglary
- Vehicular homicide
- Aggravated robbery
- Identity theft
Penalties:
- Class 3: 4–12 years in prison
- Class 4: 2–6 years in prison
- Class 5: 1–3 years in prison
- Class 6: 1 year to 18 months in prison
Fines can range from $1,000 to $100,000 depending on the class.
Felony charges are heard in district courts. If you’re facing one, working with a skilled Denver criminal lawyer is crucial to understanding sentencing ranges, plea deal opportunities, and possible defense strategies.
Key Differences Between Felony and Misdemeanor Charges
Let’s break down the main distinctions between the two categories:
1. Severity of the Crime
Felonies involve more serious behavior—often violent or high-impact crimes. Misdemeanors usually involve non-violent offenses, lower financial impact, or first-time violations.
2. Penalties
Misdemeanors carry shorter jail terms and smaller fines, whereas felonies may result in years of imprisonment and six-figure fines.
3. Court Process
- Misdemeanors: Tried in county court
- Felonies: Tried in district court
The procedures and timelines for felony cases are more complex, often involving preliminary hearings, discovery phases, and grand jury indictments.
4. Long-Term Consequences
Felony convictions can permanently impact your:
- Right to vote
- Right to possess firearms
- Ability to find employment or housing
- Immigration status (if applicable)
Misdemeanors can also affect your record, but they don’t carry the same lifelong stigma or legal restrictions.
Can Charges Be Reduced?
Yes. A Denver criminal lawyer can often negotiate with the prosecutor to reduce a felony charge to a misdemeanor—especially if it’s a first offense, the crime was non-violent, or there are weaknesses in the case. This is called a “plea bargain,” and it may significantly reduce the penalties you face.
For example, a Class 6 felony theft charge may be lowered to a Class 1 misdemeanor if the value of the stolen items is close to the $2,000 threshold between classes.
How a Denver Criminal Lawyer Can Help
Whether you're charged with a felony or a misdemeanor, you need legal representation from someone who knows how Denver’s courts operate. An experienced Denver criminal lawyer will:
- Review the evidence against you
- Advise you on whether to accept a plea deal or go to trial
- Identify constitutional violations (like unlawful searches)
- Challenge witness credibility
- Advocate for reduced sentencing or alternative penalties
Defense attorneys also help with record sealing, expungement (if eligible), and post-conviction relief options.
Frequently Asked Questions
Can a Misdemeanor Turn Into a Felony?
Yes. Certain actions can elevate a misdemeanor to a felony. For example:
- Repeat offenses (like domestic violence or DUI)
- Use of a weapon during a misdemeanor act
- Committing a crime while on probation or parole
A Denver criminal lawyer can review the facts and determine whether the charges are inflated or improperly filed.
Can I Seal My Criminal Record?
Colorado law allows some misdemeanor and felony records to be sealed if certain conditions are met. The wait time can range from 1 to 10 years, depending on the offense and whether there was a conviction. Felony convictions are generally harder to seal.
What If I Miss My Court Date?
Failing to appear in court for a felony or misdemeanor can lead to a bench warrant for your arrest. This can also result in additional charges and harm your chances of getting a favorable outcome. A lawyer can help resolve this before things escalate further.
Final Thoughts
Understanding the difference between felony and misdemeanor charges in Denver is essential when your freedom and future are on the line. The consequences are serious—but they’re not final. With the right legal representation, you may be able to avoid jail, reduce your charges, or even get your case dismissed.
If you’re under investigation or have already been charged, don’t wait. Speak with a knowledgeable Denver criminal lawyer who can guide you through the legal process and protect your rights every step of the way.
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