Denver misdemeanorlawyer for chargesthat never feel small.
Theft, assault, domestic violence, traffic offenses and municipal charges. Misdemeanor defense is half of Will Frankfurt's core practice, and the stakes are bigger than the word suggests.
01How Colorado classifies misdemeanors
People hear "misdemeanor" and relax a little. They shouldn't relax too much. A misdemeanor conviction can mean jail, probation, fines, classes, and a record that shows up every time a landlord or employer runs your name. Colorado simplified its misdemeanor system in 2022, and most charges now fall into a few classes.
| Class | Maximum jail | Examples |
|---|---|---|
| Class 1 misdemeanor | Up to 364 days | Third degree assault, theft of $1,000 to under $2,000 |
| Class 2 misdemeanor | Up to 120 days | Theft of $300 to under $1,000 |
| Petty offense | Up to 10 days for the higher class | Theft under $300 |
These are maximums. Some charges, such as third degree assault, are labeled extraordinary risk crimes, which raises the maximum. Traffic misdemeanors have their own ranges.
The class sets the ceiling. Where your case actually lands depends on the facts, your history, the court, and how the defense is built. That gap between the ceiling and the outcome is where a lawyer earns their fee.
02Theft and shoplifting
Colorado doesn't have a separate shoplifting crime. Taking something from a store is charged as theft, and the level of the charge depends mostly on the value of what was taken. Thefts within a six-month period can be added together, which can push a charge into a higher class.
Slide to a value
See how the value of the property changes the charge level in Colorado.
General information based on Colorado's theft statute. The value, the facts, and any prior record all affect the actual charge.
Theft hits harder than its size because it's treated as a crime of dishonesty. Employers who would overlook other old misdemeanors often won't overlook a theft. That's why the defense looks hard at the value claimed, whether intent can really be shown, and whether there's a path that keeps a conviction off your record.
03Assault charges
The most common misdemeanor assault charge in Colorado is third degree assault: knowingly or recklessly causing bodily injury to another person. It's a class 1 misdemeanor and an extraordinary risk crime. More serious injuries or the use of a weapon can turn the charge into second degree assault, which is a felony.
Many assault cases come down to a few seconds and two different stories. Self-defense is a recognized defense in Colorado, and evidence of it can change how a case is charged, negotiated and tried. Witness statements, video from phones and businesses, injuries on both sides and 911 recordings all matter, and some of that evidence disappears quickly if nobody asks for it.
04Domestic violence
In Colorado, domestic violence isn't a separate crime. It's a label attached to another charge, such as assault, harassment or criminal mischief, when the people involved are or were in an intimate relationship. The label changes a lot.
- Arrest is mandatory when officers find probable cause, even if no one wants to press charges.
- A protection order is entered early and usually bars contact with the alleged victim. If you live together, it can keep you out of your own home.
- The prosecution decides whether the case goes forward, not the alleged victim.
- A conviction usually means a domestic violence treatment program, and federal law can bar gun possession after a misdemeanor domestic violence conviction.
"I had never been to jail before. I got home and didn't know what to do. I started calling around and Will responded to me not as a case, but as a person."
05Traffic offenses that are crimes
Most tickets are civil infractions. Some aren't. Reckless driving, driving under restraint, leaving the scene of an accident, and speeding 25 miles per hour or more over the limit are criminal traffic offenses, with possible jail and points that can cost you your license.
These charges often show up alongside a DUI, and they're easy to underestimate when they come alone. If your license is already suspended or close to it, the points matter as much as the sentence. The DUI defense page covers impaired-driving charges in detail.
"Highly recommend Will. Money well spent if you get a ticket."
06Municipal court charges
Many Colorado cities run their own municipal courts for violations of city ordinances, including shoplifting, trespass, disturbance and some assault and traffic charges. Municipal cases tend to move quickly and with less formality, which makes it tempting to show up alone and plead to get it over with.
A municipal conviction can still carry jail and still appear on a background check. Will handles municipal charges along with state cases, and the first step is the same: read the charging paper, understand what the city has to prove, and decide whether the first offer is worth taking.
07After the case: sealing your record
The end of the case doesn't have to be the end of the story. Colorado law allows many misdemeanor records to be sealed after a waiting period, and some records are now sealed automatically. If your case is dismissed, the record can usually be sealed right away.
Sealing works best when it's part of the plan from the start. The way a case is resolved, whether by dismissal, a deferred judgment where the law allows one, or a plea to a different charge, can change how soon and how easily the record can be sealed later.
- Avoid the conviction if possible.Dismissal or a deferred judgment where available.
- Reduce what's left.A lower class or a different charge can change sealing eligibility.
- Close it out.Once the waiting period passes, ask the court to seal the record.
FAQMisdemeanor questions people ask on the first call
Can a misdemeanor put me in jail in Colorado?
Yes. A class 1 misdemeanor carries up to 364 days in jail and a class 2 misdemeanor up to 120 days. Those are maximums, and many cases end with no jail at all, but the possibility is real.
Is shoplifting a separate crime in Colorado?
No. Shoplifting is charged as theft, and the level of the charge depends mainly on the value of what was taken.
Can the alleged victim drop a domestic violence case?
Not on their own. In Colorado the prosecution decides whether a case goes forward. The alleged victim's wishes matter, but they don't end the case by themselves.
Will a misdemeanor stay on my record forever?
Not always. Colorado allows many misdemeanor records to be sealed after a waiting period, some are sealed automatically, and dismissed cases can usually be sealed right away.
Does Frankfurt Law Office handle sexual assault cases?
No. Frankfurt Law Office does not take sexual assault cases. Will handles DUI, misdemeanors and other felony charges.
Charged with a misdemeanor? Don't plead alone.
A free call with Will tells you what the charge really means, what the first offer is worth, and what he would do next. Phone or in person, your choice.
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