Colorado Felony Classes and Misdemeanor Penalties (2026)

The Colorado Constitution defines a felony as "any criminal offense punishable by death or imprisonment in the penitentiary, and none other" (Colo. Const. art. XVIII, sec. 4), and the criminal code sorts every offense into a class: under C.R.S. 18-1-104(2), every offense falls into a felony class or drug felony level, a misdemeanor class or drug misdemeanor level, a petty offense, a civil infraction, the drug petty offense, or an unclassified category. For felonies committed on or after July 1, 2020, the presumptive ranges in C.R.S. 18-1.3-401 run from life for a class 1 felony down to 1 year to 18 months for a class 6 felony, and for offenses committed on or after March 1, 2022, a class 1 misdemeanor carries up to 364 days and a class 2 misdemeanor up to 120 days (C.R.S. 18-1.3-501(1)(a.5)).

Aggravating findings and the habitual criminal law can raise felony terms well past these ranges. For how Colorado compares with other states, see our guide to felony and misdemeanor classes by state.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Colorado's offense classification in C.R.S. 18-1-104, felony, drug felony, misdemeanor, petty offense and civil infraction penalties in Title 18, Article 1.3, the habitual criminal and habitual burglary statutes (18-1.3-801 to -804), crime-of-violence sentencing (18-1.3-406), probation eligibility and length (18-1.3-201 to -203, 18-1.3-1004) and probation revocation (16-11-205, -206, -215). It does not cover how individual offenses are graded (see the Colorado theft laws and Colorado assault and battery laws pages for two examples), time limits for charges, record sealing, traffic infractions, juvenile and youthful offender sentencing, parole decisions, city and county ordinances, or federal offenses (the state-by-state hub covers the federal classes).

Felony vs misdemeanor in Colorado

Colorado treats every offense as a crime and sorts it into a class. C.R.S. 18-1-104(1) provides: "The terms "offense" and "crime" are synonymous and mean a violation of, or conduct defined by, any state statute for which a fine or imprisonment may be imposed."

The classes come from 18-1-104(2):

Each offense falls into one of nine classes, one of six drug offense levels, or one unclassified category. There are six classes of felonies as described in section 18-1.3-401 and four levels of drug felonies as described in section 18-1.3-401.5, two classes of misdemeanors as described in section 18-1.3-501 and two levels of drug misdemeanors as described in section 18-1.3-501, petty offenses as described in section 18-1.3-503, civil infractions as described in section 18-1.3-503, and the category of drug petty offense as described in section 18-1.3-501 (1)(e).

Colorado's constitution supplies the general definition: "The term felony, wherever it may occur in this constitution, or the laws of the state, shall be construed to mean any criminal offense punishable by death or imprisonment in the penitentiary, and none other" (Colo. Const. art. XVIII, sec. 4). The code then places each felony in a class or drug felony level, or the offense statute calls it a felony without a class (18-1.3-401, -401.5, -402, -403). Neither 18-1-104 nor the definitions section of the criminal procedure title (16-1-104, which defines only "felony complaint") adds a more-than-one-year test. A misdemeanor is an offense the code classes as one (18-1.3-501).

Colorado felony classes, drug felony levels and misdemeanor classes

These are the ranges for the class or level itself: the felony class ranges apply to offenses committed on or after July 1, 2020, and the drug felony levels to offenses committed on or after October 1, 2013. Aggravating findings, crime-of-violence findings, extraordinary-risk crimes and the habitual criminal statute (18-1.3-801) set higher ranges for some convictions, described below. Misdemeanor maximums can also rise: for third degree assault on an on-duty peace officer, firefighter or emergency medical provider, the court must impose a term greater than the maximum but not more than twice the maximum (18-1.3-501(1.5)(a)), and 18-1.3-501(1.7) permits the same for third degree assault or reckless endangerment against an on-duty department of human services mental health professional. Drug misdemeanors (levels 1 and 2) and the drug petty offense carry their own penalties under 18-1.3-501 and are not shown.

The felony ranges are the "presumptive ranges of penalties that are authorized upon conviction" in 18-1.3-401(1)(a)(V.5)(A). The fines are not mandatory: "in addition to, or in lieu of, any sentence to imprisonment, probation, community corrections, or work release, a fine within the following presumptive ranges may be imposed," except as otherwise provided in 18-1.3-401(1)(a)(III)(E) or (F).

The top class is life. Under 18-1.3-401(4)(a)(I), "A person who has been convicted of a class 1 felony shall be punished by life imprisonment in the department of corrections unless the offense was charged prior to July 1, 2020," and a death-penalty sentencing proceeding results in a death verdict. For an act committed on or after July 1, 1990, "life imprisonment shall mean imprisonment without the possibility of parole" (18-1.3-401(4)(a)(III)). Our page on how long a life sentence lasts in Colorado covers what that term means in practice.

How a Colorado felony sentence is set

Colorado sets its presumptive ranges in the statute itself. A felony prison sentence is a definite term: courts "shall fix a definite term as provided by section 18-1.3-401" (18-1.3-404(1)), and the court must stay within the presumptive range unless the record supports something else. Section 18-1.3-401(6) provides that if the court finds "extraordinary mitigating or aggravating circumstances, it may impose a sentence which is lesser or greater than the presumptive range; except that in no case shall the term of sentence be greater than twice the maximum nor less than one-half the minimum term authorized in the presumptive range for the punishment of the offense."

Several rules push sentences toward or past the top of the range:

• Extraordinary aggravating circumstances (18-1.3-401(8)(a)). If the defendant is convicted of a crime of violence, was on parole for another felony, or was on probation or on bond after a probation revocation for another felony when the felony was committed (among other listed circumstances), the court, if it sentences to incarceration, must impose "a term of at least the midpoint in the presumptive range but not more than twice the maximum term."
• Extraordinary-risk crimes (18-1.3-401(10)(a)). For crimes listed in 18-1.3-401(10)(b), the presumptive maximum rises by four years for a class 3 felony, two years for a class 4 felony, one year for a class 5 felony and six months for a class 6 felony.
• Crimes of violence (18-1.3-406(1)(a)). A person convicted of a crime of violence must be sentenced to the department of corrections "for a term of incarceration of at least the midpoint in, but not more than twice the maximum of, the presumptive range," as modified for an extraordinary-risk crime, "without suspension." After a department evaluation, the court may modify the sentence "in a case that it considers to be exceptional and to involve unusual and extenuating circumstances," and "Such modification may include probation if the person is otherwise eligible therefor." Section 18-1.3-406(7)(a) adds a further five years for the use of a weapon in the cases it describes, served consecutively and "not subject to suspension or probation." For offenses committed on or after July 1, 2023, sentences for two or more separate crimes of violence arising out of the same incident must be served consecutively, except as described in 18-1.3-406(1)(e) (18-1.3-406(1)(b)).
• Level 1 drug felonies (18-1.3-401.5(7)). Except as provided in 18-18-405(2)(a)(III)(B), the court "shall sentence the defendant to a term of incarceration in the department of corrections of at least eight years but not more than thirty-two years," and at least twelve years when listed aggravating circumstances are present.
• Sex offenders (18-1.3-1004(1)(a)). A sex offender sentenced to prison receives "an indeterminate term of at least the minimum of the presumptive range specified in section 18-1.3-401 for the level of offense committed and a maximum of the sex offender's natural life," with the exceptions the section states.

Colorado's habitual criminal law

Colorado's habitual criminal statute, C.R.S. 18-1.3-801, has several tiers. Each counts prior convictions "upon charges separately brought and tried, and arising out of separate and distinct criminal episodes, either in this state or elsewhere."

• Life for repeat serious convictions (801(1)). A person convicted of "Any class 1 or 2 felony or level 1 drug felony" or "Any class 3 felony that is a crime of violence," who "Has been twice convicted previously" of any of those offenses, receives life imprisonment, and "No person sentenced pursuant to this subsection (1) shall be eligible for parole until such person has served at least forty calendar years." This tier does not apply to first or second degree burglary, which falls under the other tiers and the habitual burglary statute (801(1)(f)).
• Two prior felonies within ten years (801(1.5)). Except as provided in subsection (5), a person convicted of a class 1 to 5 felony or level 1 to 3 drug felony who, within ten years of the offense, has been twice previously convicted of a felony is punished by "a term of three times the maximum of the presumptive range" for the class or level, or 48 years for a level 1 drug felony.
• Three prior felonies (801(2)(a)(I)). A person convicted of a felony who has been three times previously convicted of a felony is punished by "a term of four times the maximum of the presumptive range," or 64 years for a level 1 drug felony, subject to the exceptions the subsection states.
• A crime of violence after a three-prior sentence (801(2.5)). A person sentenced under subsection (2) who is later convicted of a felony that is a crime of violence receives life imprisonment, with no parole eligibility until at least forty calendar years are served.
• Habitual burglary (18-1.3-804). A person convicted of first degree burglary, first degree burglary of controlled substances, or second degree burglary of a dwelling, with a prior such conviction within ten years, receives a prison term "greater than the maximum in the presumptive range, but not more than twice the maximum term," and "In no case shall any person who is subject to the provisions of this section be eligible for suspension of sentence or probation."

The procedure changed in 2025. Section 18-1.3-803 requires the charge to identify "by separate counts each alleged former conviction" (803(2)). If the defendant admits a prior conviction, the admission is "conclusive proof" (803(3)). As amended by SB 25-189, if the defendant denies the prior convictions, after a guilty verdict on the new offense "the court shall conduct a separate habitual proceeding for a jury to determine whether or not the defendant has suffered the alleged previous felony convictions," whether they were separately brought and tried, and whether they arose from separate episodes (803(1), (4)). The prosecution must prove each point beyond a reasonable doubt. The act "applies to habitual proceedings on or after the effective date of this act," and it was approved June 2, 2025.

For offenses committed on or after July 1, 2023, a person sentenced as a habitual criminal to 24 years or more who has served at least ten calendar years may petition for a modified sentence; if the court finds a modification justified, it may resentence to "at least the midpoint in the aggravated range for the class of felony" and less than the current sentence (18-1.3-801(6)).

Offenses with no class stated

Some Colorado offenses sit outside the class system. Under 18-1.3-402(1), "Any felony defined by state statute without specification of its class shall be punishable as provided in the statute defining it," and for felonies committed on or after July 1, 1993, a sentence to incarceration carries a mandatory two-year parole period.

If a statute calls an offense a felony and fixes no penalty, the punishment is up to five years in a correctional facility, a fine, or both; for offenses committed on or after July 1, 1985, "a fine of not more than one hundred thousand dollars may be levied" (18-1.3-403(1)). An unclassified misdemeanor or petty offense is punished as its own statute provides (18-1.3-504(1)), and a misdemeanor with no penalty fixed carries up to 364 days in county jail, a fine of up to $1,000, or both (18-1.3-505(1)).

Can a felony be reduced to a misdemeanor in Colorado?

Colorado's felony sentencing sections (18-1.3-401 to -403) fix the class through the offense statute, and they contain no general procedure, like California's, for a judge to reduce a felony conviction to a misdemeanor. The vacate-and-reduce rule Colorado does have applies to drug felonies.

Under 18-1.3-103.5(2)(a), when a defendant pleads guilty or is found guilty of a crime listed in subsection (3), "the court shall order, upon successful completion of any community-based sentence to probation or to a community corrections program, the drug felony conviction vacated and shall enter a conviction for a level 1 drug misdemeanor offense of possession of a controlled substance." The listed crimes and the section's other conditions control who is covered.

Misdemeanors, petty offenses and civil infractions

Colorado moved to two misdemeanor classes for offenses committed on or after March 1, 2022 (18-1.3-501(1)(a.5)). Offenses committed before that date stay on the older three-class scale in 18-1.3-501(1)(a): class 1 ran from six months or a $500 fine up to 18 months or a $5,000 fine, class 2 from three months or a $250 fine up to 364 days or a $1,000 fine, and class 3 from a $50 fine up to six months or a $750 fine.

Two more rules shape misdemeanor jail time. "A term of imprisonment for conviction of a misdemeanor shall not be served in a state correctional facility unless served concurrently with a term for conviction of a felony" (18-1.3-501(1)(b)), and "The maximum consecutive sentence to the county jail for misdemeanor crimes charged in a single case is twenty-four months" (18-1.3-501(1)(c.5)).

Below the misdemeanors are two tiers, each for offenses committed on or after March 1, 2022, and each applying only if a statute "specifically" classifies the violation that way (18-1.3-503):

• Petty offense. "The penalty for commission of a petty offense, upon conviction, is a fine of not more than three hundred dollars, imprisonment for not more than ten days in a county jail, or both" (18-1.3-503(1.5)). Because a fine or jail may be imposed, a petty offense is a crime under 18-1-104(1).
• Civil infraction. "The penalty for commission of a civil infraction, upon conviction, is a fine of not more than one hundred dollars, unless otherwise provided by statute. A civil infraction constitutes a civil matter" (18-1.3-503(1.6)(a)).

Probation in Colorado

Colorado sets a five-year limit for misdemeanor probation but no fixed limit for felony probation. Under 18-1.3-202(1)(a), "The length of probation shall be subject to the discretion of the court and may exceed the maximum period of incarceration authorized for the classification of the offense of which the defendant is convicted but shall not exceed five years for any misdemeanor or petty offense."

Jail as a condition of probation is capped. Except as described in 18-1.3-202(1)(b) and (1)(c), the aggregate commitment "may not exceed ninety days for a felony, sixty days for a misdemeanor, or ten days for a petty offense unless it is a part of a work release program." For an offense under 18-7-402 (soliciting for commercial sexual activity with a child) committed on or after July 1, 2026, subsection (1)(c) sends the jail condition to 18-7-402(2)(c), which requires the court to order "three hundred sixty-four days imprisonment in the county jail" as a condition of any probation (SB 26-015).

Probation is not available in every case. Statutory bars include, among others:

• Class 1 felonies. "A person who has been convicted of an offense, other than a class 1 felony or a civil infraction, is eligible to apply to the court for probation" (18-1.3-201(1)(a)).
• Two prior felonies plus a listed offense. Except as described in 18-1.3-201(4)(a), a person with two or more prior felony convictions, separately brought and tried, is not eligible if the current or a prior conviction is for an offense on the list in 18-1.3-201(2.5)(b), which runs from first or second degree murder through attempts and conspiracies to commit a listed offense. The sentencing court may waive this restriction "upon recommendation of the district attorney approved by an order of the sentencing court" (18-1.3-201(4)(a)(I)).
• Crimes of violence and habitual burglary. A crime-of-violence sentence is imposed "without suspension," with probation possible only through the modification described above (18-1.3-406(1)(a)), and a habitual burglary offender is not eligible for suspension or probation (18-1.3-804(4)).
• Level 1 drug felonies and the weapon term. Except as provided in 18-18-405(2)(a)(III)(B), the court "shall sentence the defendant to a term of incarceration in the department of corrections" for a level 1 drug felony (18-1.3-401.5(7)), and the five-year weapon term in 18-1.3-406(7)(a) "shall not be subject to suspension or probation."

Where probation is available, the court "in its discretion may grant probation" unless it is satisfied that imprisonment is more appropriate for the protection of the public, for example because there is undue risk the defendant will commit another crime during probation (18-1.3-203(1)).

Sex offenders follow a separate rule. Under 18-1.3-1004(2)(a), the court may sentence a sex offender "to probation for an indeterminate period of at least ten years for a class 4 felony or twenty years for a class 2 or 3 felony and a maximum of the sex offender's natural life," but a sex offense that is a crime of violence, one that makes the person eligible for sentencing as a habitual sex offender against children, or one requiring sentencing under 18-1.3-1004(1)(e) must go to the department of corrections.

What happens after a probation violation

C.R.S. 16-11-206 governs revocation. There is "no right to a trial by jury in proceedings for revocation of probation." The prosecution "has the burden of establishing by a preponderance of the evidence the violation of a condition of probation; except that the commission of a criminal offense must be established beyond a reasonable doubt unless the probationer has been convicted thereof in a criminal proceeding."

Under 16-11-206(5), if the court finds a violation, "it shall, within seven days after the said hearing, either revoke or continue the probation. If probation is revoked, the court may then impose any sentence or grant any probation pursuant to the provisions of this part 2 which might originally have been imposed or granted."

Colorado's probation statutes (16-11-205, -206 and -215, and 18-1.3-202 to -207) set no cap on jail time for a technical violation. They structure the response instead. A probation officer "shall issue a summons rather than request a warrant when filing a petition for revocation" unless there is reason to believe the probationer would not appear, would interfere with the criminal justice process, or poses substantial risk of serious harm to others (16-11-205(6.5)). Probation departments must use a system of "behavioral responses, intermediate sanctions, incentives, and services" designed to respond to violations "quickly, fairly, consistently, and proportionally" (16-11-215(2), (3)).

Recent changes

• SB 20-100 (effective March 23, 2020): added the presumptive-range table in 18-1.3-401(1)(a)(V.5) for felonies committed on or after July 1, 2020, and amended 18-1.3-401(4)(a), which now limits the death penalty to class 1 offenses charged before July 1, 2020.
• SB 21-271 (effective March 1, 2022): created the two-class misdemeanor scale (18-1.3-501(1)(a.5)), the petty offense and civil infraction penalties (18-1.3-503(1.5), (1.6)) and the 24-month consecutive county jail cap (18-1.3-501(1)(c.5)), for offenses committed on or after March 1, 2022.
• HB 23-1292 (effective July 1, 2023): added the habitual criminal resentencing petition in 18-1.3-801(6).
• SB 25-189 (approved June 2, 2025): moved the prior-conviction findings in a habitual case, where the defendant denies the prior convictions, to a jury in a separate habitual proceeding (18-1.3-803(1), (4)).
• SB 26-015 (effective July 1, 2026): added 18-1.3-202(1)(c) and the 364-day county jail probation condition in 18-7-402(2)(c), which applies to offenses under 18-7-402 committed on or after July 1, 2026.
• SB 26-115 (effective August 12, 2026): added 18-1.3-411, which lets a person who is 60 or older and has served at least 20 calendar years petition the sentencing court for relief "on or before three years after August 12, 2026," subject to the exclusions in the section.
• HB 26-1064 and HB 26-1297 (effective August 12, 2026): HB 26-1064 amended 18-1.3-401(14), and HB 26-1297 amended 18-1.3-501(1)(c).
• Unchanged in 2025 and 2026: no act in either session amended the felony class ranges, the misdemeanor classes, the fine ranges or the habitual criminal terms in 18-1.3-801.

Related legal issues

Specific offenses are placed into these classes by their own statutes. The Colorado theft laws page explains how theft is graded into these classes, and the Colorado assault and battery laws page does the same for assault.

For sealing or clearing a record, see Colorado expungement laws. Time limits for bringing felony and misdemeanor charges are on the Colorado statute of limitations page.

Colorado's class labels can matter under federal firearm law. 18 U.S.C. 922(g)(1) makes it unlawful for a person convicted of "a crime punishable by imprisonment for a term exceeding one year" to possess a firearm or ammunition in or affecting commerce, and 18 U.S.C. 921(a)(20)(B) excludes "any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less." Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The felony and misdemeanor classes hub covers the federal classes.

Related

• Felony and misdemeanor classes by state
• Colorado theft laws
• Colorado assault and battery laws
• Colorado expungement laws
• How long is a life sentence in Colorado
• Utah felony and misdemeanor classes
• Kansas felony and misdemeanor classes

This article provides general legal information about Colorado law as of 2026-10-17. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Colorado.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Colorado?

The Colorado Constitution defines a felony as any criminal offense punishable by death or imprisonment in the penitentiary, and none other (Colo. Const. art. XVIII, sec. 4). The criminal code then places each felony in one of the six felony classes or four drug felony levels, or the offense statute calls it a felony, and an offense classed as a misdemeanor is a misdemeanor (C.R.S. 18-1-104(2), 18-1.3-401, 18-1.3-501). The code adds no general more-than-one-year test.

How much time is a class 4 felony in Colorado?

For an offense committed on or after July 1, 2020, the presumptive range is 2 to 6 years in prison followed by 3 years of mandatory parole, and a fine of $2,000 to $500,000 may be imposed (18-1.3-401). Aggravating, crime-of-violence, extraordinary-risk and habitual findings can raise the term.

How much time is a class 6 felony in Colorado?

The presumptive range is 1 year to 18 months in prison with 1 year of mandatory parole, and a fine of $1,000 to $100,000 may be imposed (18-1.3-401). Extraordinary aggravating circumstances allow up to twice the maximum, and some listed crimes carry a 6-month higher maximum (18-1.3-401(6), (8), (10)).

What is a class 1 misdemeanor in Colorado?

It is the higher of Colorado's two misdemeanor classes. For an offense committed on or after March 1, 2022, it carries up to 364 days, a fine of up to $1,000 or both (18-1.3-501(1)(a.5)). Some offenses carry more, such as third degree assault on an on-duty peace officer, firefighter or emergency medical provider, which requires a term above the maximum, up to twice it (18-1.3-501(1.5)(a)).

Is a petty offense a crime in Colorado?

Yes. Colorado defines an offense or crime as conduct for which a fine or imprisonment may be imposed (18-1-104(1)), and a petty offense carries a fine of up to $300, up to 10 days in county jail or both (18-1.3-503(1.5)). A civil infraction, by contrast, constitutes a civil matter (18-1.3-503(1.6)).

Does Colorado have wobblers?

Colorado's felony sentencing sections fix the class by the offense statute. Its vacate-and-reduce rule is narrow and limited to drug felonies: for crimes listed in 18-1.3-103.5(3), the court must vacate the felony and enter a level 1 drug misdemeanor after successful completion of probation or community corrections, subject to the section's conditions.

What is the habitual criminal law in Colorado?

C.R.S. 18-1.3-801 sets three times the presumptive maximum for a class 1 to 5 felony or level 1 to 3 drug felony after two prior felonies within ten years, four times the maximum for a felony after three prior felonies, and life with no parole for 40 years for listed repeat serious and violent convictions, with exceptions the statute lists. If the defendant denies the prior convictions, a jury decides them in a separate habitual proceeding (18-1.3-803).

How long is probation in Colorado?

Felony probation is set by the court and may exceed the maximum prison term for the class, while probation for a misdemeanor or petty offense may not exceed five years (18-1.3-202(1)(a)). Sex offenders sentenced to probation under 18-1.3-1004 receive an indeterminate term of at least 10 or 20 years up to natural life.

What happens if you violate probation in Colorado?

Under C.R.S. 16-11-206, a judge decides the violation without a jury, by a preponderance of the evidence, or beyond a reasonable doubt for a new crime unless the person has already been convicted of it. Within seven days after the hearing the court must revoke or continue probation, and on revocation it may impose any sentence that might originally have been imposed.