Facing a criminal charge can turn your world upside down, especially if you have never been in trouble with the law before. The legal system can be complicated, and it's natural to feel anxious or uncertain about what lies ahead. However, it's important to remember that everyone is innocent until proven guilty. This means that you are entitled to a fair trial and have the right to defend yourself.
At Grabski & Shah, we strive to provide strategic and reliable legal support. If you've been charged with a crime, understanding the potential consequences is the first step toward protecting your future. We serve clients in Colorado Springs, Colorado, and the surrounding areas, guiding them through the legal system when their rights and freedom are at stake.
The justice system categorizes crimes based on their severity, primarily distinguishing between misdemeanors and felonies. The label attached to a charge determines the potential penalties, from fines to significant prison time. It also dictates the long-term effects on your life, influencing everything from employment opportunities to your right to own a firearm. Knowing the difference is fundamental to preparing your defense.
What Is a Misdemeanor in Colorado?
Misdemeanors are considered less serious crimes than felonies, but a conviction can still have a substantial impact on your life. In Colorado, misdemeanors are divided into different classes, each carrying a specific range of penalties. These offenses are typically handled in county court. Some common examples of misdemeanors include:
Third-degree assault: Causing bodily injury to another person knowingly or recklessly.
Theft: Stealing property valued at less than $2,000.
Driving Under the Influence (DUI): A first or second DUI offense is typically charged as a misdemeanor.
Harassment: Striking, shoving, or kicking someone with the intent to harass, annoy, or alarm them.
While these are less severe than felonies, the penalties are not necessarily minor. A conviction can result in jail time, substantial fines, mandatory community service, and probation. The social stigma and the presence of a criminal record can also create difficulties in securing housing or employment long after the sentence is completed.
What Is a Felony in Colorado?
Felonies are the most serious category of criminal offenses. A felony conviction can often result in a lengthy prison sentence, substantial fines, and the loss of certain civil rights. Colorado law classifies felonies into six different classes, with Class 1 being the most severe (e.g., first-degree murder) and Class 6 being the least severe. Some examples of common felonies include the following.
First-degree assault: Causing serious bodily injury to another person, often with a deadly weapon.
Robbery: Knowingly taking something of value from another person by use of force, threats, or intimidation.
Drug distribution: Manufacturing, dispensing, selling, or distributing controlled substances.
Burglary: Unlawfully entering a building or occupied structure with the intent to commit a crime inside.
Beyond imprisonment and fines, a felony conviction has lifelong consequences. Convicted felons in Colorado lose the right to vote while incarcerated or on parole, the right to own a firearm, and may be barred from holding certain professional licenses. A felony on your record can also be a significant barrier to finding employment, as many employers conduct thorough background checks.
Key Differences for Penalties and Long-Term Impacts
The most apparent difference between a felony and a misdemeanor is the severity of the punishment. Some of the primary distinctions include the following.
Jail vs. prison: Misdemeanor sentences are typically served in a county jail, with a maximum sentence of up to 18 months for the most serious class. Felony sentences are served in a state prison and can range from one year to life imprisonment, or even the death penalty for Class 1 felonies.
Fines: Fines for misdemeanors are generally lower, ranging from a few hundred to a few thousand dollars. Felony fines can be much higher, sometimes reaching hundreds of thousands of dollars, depending on the crime.
Civil rights: A misdemeanor conviction generally does not affect your fundamental civil rights, such as the right to vote or serve on a jury. A felony conviction, however, results in the loss of these rights for a period of time and permanently revokes your right to possess a firearm under state and federal law.
Future opportunities: Both types of convictions can appear on a background check; however, a felony carries a significantly greater stigma. It can prevent you from obtaining specific jobs, particularly in fields such as education, finance, and healthcare. It can also impact your ability to secure housing, obtain a loan, or gain admission to college.
If you or someone you know has been charged with a misdemeanor or felony in Colorado, reach out to an experienced criminal defense attorney as soon as possible.
Colorado Laws on Felonies and Misdemeanors
Colorado statutes clearly outline the classification system for criminal offenses. The Colorado Revised Statutes (C.R.S. Title 18) define each crime and its corresponding penalty range. For misdemeanors, the classification is as follows:
Class 1 misdemeanor: Punishable by 6 to 18 months in jail and/or a fine of $500 to $5,000.
Class 2 misdemeanor: Punishable by up to 120 days in jail and/or a fine of up to $750.
Drug misdemeanors typically have their own specific penalty structures.
For felonies, on the other hand, Colorado state law divides criminal charges into six categories. These are as follows.
Class 1 felony: The most serious, punishable by life imprisonment or death.
Class 2 felony: Punishable by 8 to 24 years in prison and fines up to $1,000,000.
Class 3 felony: Punishable by 4 to 12 years in prison and fines up to $750,000.
Class 4 felony: Punishable by 2 to 6 years in prison and fines up to $500,000.
Class 5 felony: Punishable by 1 to 3 years in prison and fines up to $100,000.
Class 6 felony: The least serious, punishable by 1 year to 18 months in prison and fines up to $100,000.
These ranges can be adjusted based on aggravating or mitigating factors, such as prior convictions or whether the crime was committed "in the heat of passion." This is why having someone who understands the state's sentencing guidelines is so important for your case.
Criminal Defense Attorneys in Colorado Springs, Colorado
At Grabski & Shah, we see the person behind the charge. We understand the importance of adhering to Colorado's legal procedures, especially since missing a deadline or submitting an incomplete form can result in serious and lasting consequences.
When you are facing a criminal accusation, it is important to handle your case correctly from the very beginning. Our attorneys, Jared Grabski and Meghal Shah, provide dedicated support when you need it most. We serve clients in Colorado Springs, Colorado, and the nearby communities to protect their rights and futures. Contact us today to schedule a consultation.