Colorado Criminal Code: Felony and Misdemeanor Classes, Penalties and Deadlines
Every criminal charge in Colorado carries a class or level, and that label decides the sentencing range, the fine, the parole period, the filing deadline and whether the record can later be sealed.
Figures come from the current text of the Colorado Revised Statutes, checked September 26, 2026.
How Colorado Classifies Offenses
Colorado sorts offenses into six felony classes (class 1 is the most serious), four drug felony levels (DF1 to DF4), two misdemeanor classes, two drug misdemeanor levels (DM1 and DM2), petty offenses and, since 2022, civil infractions. Felonies are sentenced under C.R.S. § 18-1.3-401, drug felonies under § 18-1.3-401.5, misdemeanors under § 18-1.3-501, and petty offenses and civil infractions under § 18-1.3-503.
Felony Sentencing Ranges
Presumptive ranges under C.R.S. § 18-1.3-401 for offenses committed on or after July 1, 2020
| Felony class | Presumptive prison range | Fine range | Mandatory parole |
|---|---|---|---|
| Class 1 | Life imprisonment | — | — |
| Class 2 | 8 to 24 years | $5,000 to $1,000,000 | 5 years if a crime of violence; otherwise 3 years |
| Class 3 | 4 to 12 years | $3,000 to $750,000 | 3 years |
| Class 4 | 2 to 6 years | $2,000 to $500,000 | 3 years |
| Class 5 | 1 to 3 years | $1,000 to $100,000 | 2 years |
| Class 6 | 1 year to 18 months | $1,000 to $100,000 | 1 year |
Enhancements (step 3 below) can raise these ranges.
Misdemeanors, Petty Offenses and Civil Infractions
The four levels below a felony, as reformed by SB21-271 on March 1, 2022
Class 1 misdemeanor
- Up to 364 days in jail
- Fine up to $1,000, or both
C.R.S. § 18-1.3-501(1)(a.5)
Class 2 misdemeanor
- Up to 120 days in jail
- Fine up to $750, or both
C.R.S. § 18-1.3-501(1)(a.5)
Petty offense
- Up to 10 days in jail
- Fine up to $300, or both
C.R.S. § 18-1.3-503(1.5)
Civil infraction
- No jail
- Fine up to $100
C.R.S. § 18-1.3-503(1.6)
Drug Felonies and Drug Misdemeanors
Drug offenses committed on or after October 1, 2013 use their own levels under C.R.S. § 18-1.3-401.5
| Level | Prison | Fine | Parole |
|---|---|---|---|
| DF1 | 8 to 32 years (8-year mandatory minimum; 12 or more if aggravated; not suspendable) | $5,000 to $1,000,000 | 3 years |
| DF2 | 4 to 8 years | $3,000 to $750,000 | 2 years |
| DF3 | 2 to 4 years | $2,000 to $500,000 | 1 year |
| DF4 | 6 months to 1 year | $1,000 to $100,000 | 1 year |
Drug misdemeanors are classified in C.R.S. § 18-1.3-501(1)(d): a level 1 drug misdemeanor (DM1) carries up to 18 months in jail (6-month mandatory minimum) and a fine of $500 to $5,000; a level 2 (DM2) up to 364 days, no minimum, and $50 to $750.
Statutes of Limitations
How long the state has to file, under C.R.S. § 16-5-401
| Offense | Time to file |
|---|---|
| Felonies (general rule) | 3 years |
| Misdemeanors | 18 months |
| Class 1 and 2 misdemeanor traffic offenses | 1 year |
| Petty offenses | 6 months |
| Vehicular homicide (non-aggravated) | 5 years |
| Sexual assault under C.R.S. § 18-3-402 | 20 years |
| Other sexual-assault offenses | 10 years |
| Murder, kidnapping, treason, forgery, any sexual offense against a child (and attempt, conspiracy or solicitation) | No time limit |
From Charge to Sealed Record
Step by step, where the class matters
The charging deadline
The state must file within the statute of limitations in C.R.S. § 16-5-401 (table above). Offenses against a child victim are tolled until the victim turns 18; a DNA-identification exception can lift the bar if the crime was reported in time.
The class sets the range
The class fixes the presumptive prison or jail range, the fine range and the mandatory parole period. The tables above are those ranges; enhancements can push a sentence higher.
Enhancements
An extraordinary risk crime (C.R.S. § 18-1.3-401(10)) raises only the top of the range: 4 years for a class 3 felony, 2 for class 4, 1 for class 5, 6 months for class 6. A crime of violence (C.R.S. § 18-1.3-406), a deadly weapon or serious injury or death in a listed offense, means prison for at least the midpoint and up to twice the maximum, not suspendable.
Deferred judgment
Under C.R.S. § 18-1.3-102 the defendant pleads guilty, the parties stipulate in writing to probation-like conditions, and judgment is deferred for up to four years on a felony or two on a misdemeanor, petty or traffic offense. Full compliance: plea withdrawn, charge dismissed with prejudice. A violation ordinarily means judgment and sentence on the plea.
Mandatory parole
Prison for a class 2 to class 6 felony is followed by mandatory parole, from one year (class 6) to five years (class 2 crime of violence). Drug felonies carry one to three years.
Sealing the record
Dismissals, acquittals, completed diversion and a completed deferred judgment are sealed automatically at disposition, with no waiting period (C.R.S. § 24-72-705). Convictions are sealed by petition after the waiting periods below (C.R.S. § 24-72-706), unless excluded.
Sealing a Conviction
Petition sealing under C.R.S. § 24-72-706. The clock starts at the later of final disposition or release from supervision.
Waiting periods
- Petty offenses and civil infractions: 1 year
- Class 2 misdemeanors (and older class 3 misdemeanors) and drug misdemeanors: 2 years
- Class 1 misdemeanors and class 4, 5 and 6 felonies: 3 years
- All other eligible felonies: 5 years
Not eligible by petition
- Class 1, 2 and 3 felonies and level 1 drug felonies
- DUI and traffic misdemeanors or infractions
- Sexual offenses, crimes of violence and domestic violence
- Human trafficking, child abuse and kidnapping
An otherwise-excluded misdemeanor can still be sealed with the DA’s consent or a court finding on clear and convincing grounds.
What Changed, and When
The dates that decide which rules apply
July 1, 2020
No death penalty, and the current felony ranges
The death penalty was abolished for offenses committed on or after July 1, 2020 (SB20-100); the remaining death sentences were commuted in March 2020. The felony prison ranges above apply to offenses on or after that date; the fine ranges have not changed since 1985.
March 1, 2022
SB21-271: the misdemeanor reform
Three misdemeanor classes became two: class 3 misdemeanors were eliminated, a class 1 misdemeanor now carries up to 364 days and a class 2 up to 120 days, and a fine-only civil infraction was created below petty offenses. The 364-day figure is deliberate: HB19-1148 (effective August 2, 2019) first cut several misdemeanor maximums from one year to 364 days to stay under the one-year sentence that triggers some federal immigration consequences. A shorter maximum does not by itself rule those consequences out, so a non-citizen should get immigration advice before any plea.
July 1, 2024
SB22-099 (Clean Slate): automatic conviction sealing
Signed May 31, 2022; automatic, no-petition sealing of eligible convictions went live July 1, 2024, from an eligible-case list built by state court administration with quarterly 45-day windows for DA objections. Diversion records are sealed by the DA on completion, without a court order.
September 1, 2026
SB26-072: vehicular criminally negligent homicide
Signed May 28, 2026. Creates a class 5 felony for vehicular criminally negligent homicide and repeals the misdemeanor traffic provision it replaces.
Colorado Criminal Code FAQs
Straight answers, with the statute they come from
Facing a Criminal Charge in Colorado?
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