Misdemeanor charges are considered less severe offenses than felonies in Colorado, but taking them seriously is still important. Being charged with a misdemeanor can have significant consequences that can impact your life in numerous ways. These charges can result in hefty fines, probation, community service, and even jail time. Additionally, having a misdemeanor conviction on your record can have lasting effects on your employment opportunities, housing, and ability to obtain credit.
Some misdemeanors may have additional consequences, such as a suspension of your driver’s license, limitations on gun ownership, and restrictions on international travel. It’s important to understand the potential consequences of a misdemeanor charge in Colorado and to take them seriously by seeking the assistance of a skilled attorney who can help you navigate the legal system and work towards a favorable outcome.
Colorado has a system for assessing fines and costs based on the severity of the crime. A misdemeanor conviction can result in a significant financial burden affecting your future plans. It’s important to recognize the potential long-term consequences of a Colorado misdemeanor charge and take proactive steps to defend yourself against these charges.
Common Misdemeanor Charges in Colorado
There are many types of misdemeanor charges that individuals can face in Colorado.
While this is true, some charges are more common than others; these include the following:
- DUI/DWAI: Driving under the influence or driving while ability impaired can result in misdemeanor charges if the individual’s blood alcohol level is below a certain limit.
- Assault: Misdemeanor assault charges can result from a physical altercation that results in minor injuries, threats of bodily harm, or an attempt to cause bodily harm.
- Domestic Violence: Misdemeanor charges can result from physical, emotional, or sexual abuse within a domestic relationship.
- Theft: Theft of property valued at less than $2,000 can result in misdemeanor charges, while more valuable items can result in felony charges.
- Drug Possession: Certain drugs, including marijuana, can result in misdemeanor charges in Colorado.
- Disorderly Conduct: Disorderly conduct charges can result from disruptive behavior in public places, such as loud or offensive language, fighting, or disturbing the peace.
- Trespassing: Entering or remaining on someone else’s property without permission can result in misdemeanor charges.
It’s important to note that each case is unique, and the severity of the charges can depend on the circumstances surrounding the alleged offense.
Potential Consequences for the Most Common Misdemeanor Charges
If you are charged with one of the misdemeanors above, knowing the potential consequences if you are convicted is important. This can help you understand why building a strong defense is so important.
DUI/DWAI
Being charged with DUI/DWAI in Colorado can have serious consequences, even if it’s your first offense.
- Fines: First-time offenders can face fines of up to $1,000 for a DUI conviction and up to $500 for a DWAI conviction. Subsequent offenses can result in higher fines.
- Jail time: A first-time DUI/DWAI conviction can result in a jail sentence of up to one year, while subsequent convictions can result in longer sentences.
- License suspension: A first-time DUI/DWAI conviction can result in a license suspension of up to nine months, while a second conviction can result in a license suspension of up to two years.
- Ignition interlock device: In some cases, individuals convicted of DUI/DWAI may be required to install an ignition interlock device on their vehicle. This device requires the driver to pass a breathalyzer test before the car can be started.
- Alcohol education and treatment: Individuals convicted of DUI/DWAI may be required to attend alcohol education or treatment programs.
- Increased insurance rates: A DUI/DWAI conviction can result in significantly higher insurance rates or insurance loss altogether.
- Criminal record: A DUI/DWAI conviction will remain on your criminal record and can have long-lasting consequences, including difficulty finding employment or housing.
Assault
If you are convicted of misdemeanor assault, the potential consquences include the following:
- Jail time: A misdemeanor assault conviction in Colorado can result in a jail sentence of up to two years.
- Fines: Misdemeanor assault convictions can result in fines of up to $5,000.
- Probation: The court may order probation, which may include conditions such as community service, counseling, or restitution.
- Criminal record: A misdemeanor assault conviction will remain on your criminal record and can have long-lasting consequences, including difficulty finding employment or housing.
- Gun ownership: A misdemeanor assault conviction can result in losing your right to possess firearms.
- Immigration consequences: A misdemeanor assault conviction can impact your immigration status and sometimes result in deportation.
- Protective orders: In domestic violence cases, a misdemeanor assault conviction can result in a protective order, which can restrict contact with the alleged victim and limit your ability to possess firearms.
Domestic Violence
Potential consquences of a misdemeanor domestic violence charge include the following:
- Jail time: A misdemeanor domestic violence conviction can result in a jail sentence of up to two years.
- Fines: Misdemeanor domestic violence convictions can result in fines of up to $5,000.
- Probation: The court may order probation, which may include conditions such as community service, counseling, or restitution.
- Protective orders: A misdemeanor domestic violence conviction can result in a protective order, restricting contact with the alleged victim and limiting your ability to possess firearms.
- Loss of gun ownership: A misdemeanor domestic violence conviction can result in losing your right to possess firearms.
- Immigration consequences: A misdemeanor domestic violence conviction can impact your immigration status and sometimes result in deportation.
- Employment consequences: A misdemeanor domestic violence conviction can impact your employment opportunities, particularly if you work in a field that requires background checks or security clearances.
Seeking help for any underlying issues that contributed to the domestic violence incident, such as substance abuse or anger management, can also be beneficial in mitigating the consequences of the charge.
Theft
The potential penalties for the conviction of misdemeanor theft in Colorado include the following:
- Jail time: A misdemeanor theft conviction can result in a jail sentence of up to 18 months.
- Fines: Misdemeanor theft convictions can result in fines of up to $5,000.
- Probation: The court may order probation, which may include conditions such as community service, counseling, or restitution.
- Criminal record: A misdemeanor theft conviction will remain on your criminal record and can have long-lasting consequences, including difficulty finding employment or housing.
- Immigration consequences: A misdemeanor theft conviction can impact your immigration status and sometimes result in deportation.
- Increased insurance rates: A misdemeanor theft conviction can result in significantly higher insurance rates or insurance loss altogether.
- Civil penalties: Besides criminal penalties, individuals convicted of theft may be subject to civil penalties, including restitution to the victim for any damages or losses incurred.
Drug Possession
Being convicted of misdemeanor drug possession carries the following potential consquences:
- Jail time: A misdemeanor drug possession conviction can result in a jail sentence of up to 18 months.
- Fines: Misdemeanor drug possession convictions can result in fines of up to $5,000.
- Probation: The court may order probation, which may include conditions such as community service, counseling, or drug treatment.
- Criminal record: A misdemeanor drug possession conviction will remain on your criminal record and can have long-lasting consequences, including difficulty finding employment or housing.
- Driver’s license suspension: A misdemeanor drug possession conviction can result in a suspension of up to six months.
- Immigration consequences: A misdemeanor drug possession conviction can impact your immigration status and sometimes result in deportation.
- Increased insurance rates: A misdemeanor drug possession conviction can result in significantly higher insurance rates or the loss of insurance altogether.
Disorderly Conduct
The potential consquences for a conviction of misdemeanor disorderly conduct include the following:
- Jail time: A disorderly conduct conviction can result in a jail sentence of up to six months.
- Fines: Disorderly conduct convictions can result in fines of up to $750.
- Probation: The court may order probation, including conditions such as community service or counseling.
- Criminal record: A disorderly conduct conviction will remain on your criminal record and can have long-lasting consequences, including difficulty finding employment or housing.
- Increased insurance rates: A disorderly conduct conviction can result in significantly higher insurance rates or insurance loss altogether.
- Immigration consequences: A disorderly conduct conviction can impact your immigration status and sometimes result in deportation.
- Restraining orders: Disorderly conduct charges can result in a restraining order, restricting contact with the alleged victim.
Trespassing
If you are charged with misdemeanor trespassing, some of the consquences you may face if convicted include the following:
- Jail time: A misdemeanor trespassing conviction can result in a jail sentence of up to six months.
- Fines: Misdemeanor trespassing convictions can result in fines of up to $750.
- Probation: The court may order probation, including conditions such as community service or counseling.
- Criminal record: A misdemeanor trespassing conviction will remain on your criminal record and can have long-lasting consequences, including difficulty finding employment or housing.
- Increased insurance rates: A misdemeanor trespassing conviction can result in significantly higher insurance rates or the loss of insurance altogether.
- Immigration consequences: A misdemeanor trespassing conviction can impact your immigration status and sometimes result in deportation.
- Civil penalties: Besides criminal penalties, individuals convicted of trespassing may be subject to civil penalties, including restitution to the victim for any damages or losses incurred.
How to Build a Strong Defense When Facing Misdemeanor Charges
If you face misdemeanor charges in Colorado, it’s important to build a strong defense to protect your rights and ensure the best possible outcome for your case.
Taking the following steps will help you do this:
Hire a Criminal Defense Attorney
An experienced attorney can provide invaluable guidance throughout the legal process, helping you understand your rights and working to build a strong defense strategy tailored to your unique circumstances.
Review the Evidence
Your attorney can help you review the evidence against you, identifying any weaknesses or inconsistencies in the prosecution’s case that can be used to your advantage.
Identify Witnesses
If there were any witnesses to the alleged offense, your attorney could help you identify and interview them, obtaining statements that can help support your defense.
Consider Plea Bargaining
In some cases, negotiating a plea agreement with the prosecution may be beneficial, resulting in lesser charges or penalties. Your attorney can help you evaluate the pros and cons of a plea agreement and negotiate on your behalf.
Build a Defense Strategy
Your attorney can help you build a defense strategy tailored to your case, which may involve challenging the evidence against you, presenting evidence in your favor, or raising affirmative defenses, such as self-defense or duress.
Prepare for Trial
If your case goes to trial, your attorney can help you prepare, including identifying potential jurors, presenting evidence, and cross-examine witnesses.
Seek Help for Underlying Issues
Addressing any underlying issues that contributed to the alleged offense, such as substance abuse or mental health issues, can be beneficial in building a strong defense and mitigating the consequences of the charges.
Building a strong defense takes time, effort, and resources, but protecting your rights and ensuring the best possible outcome for your case is essential.
Contact The Law Offices of Stephen J. Pisani, LLC, for Help with Your Misdemeanor Charges
If you were charged with a misdemeanor in Colorado, contact our legal team for help. We will work to build a strong defense for your case and reduce the charges against you.