Criminal Defense in Colorado
Criminal defense covers how charges are classified and how a case moves through the courts. In Colorado, felonies fall into classes 1–6 and — after a 2022 reform — misdemeanors into just two classes. This hub explains the court structure and your rights, then links guides to common charges.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. If you’re charged with a crime, talk to a Colorado criminal-defense attorney about your case.
Colorado’s criminal laws are mostly in Title 18 of the Colorado Revised Statutes, and cases move through a tiered court system.
How felonies are classified
Colorado divides felonies into classes 1 through 6, with class 1 the most serious. Each class carries a presumptive sentencing range (C.R.S. § 18-1.3-401) — confirm current ranges. Drug crimes use a separate system of drug felonies (levels 1–4) and drug misdemeanors (levels 1–2) rather than the general classes.
Misdemeanors after the 2022 reform
A 2021 reform (SB21-271, effective March 1, 2022) reduced Colorado misdemeanors to just two classes — class 1 and class 2 (C.R.S. § 18-1.3-501).
The courts
- District Court hears felonies — and larger civil, juvenile, probate, and domestic-relations matters.
- County Court hears misdemeanors, petty offenses, traffic, and the initial stages of felony cases.
Your rights run throughout
At every stage you have the right to a lawyer (appointed if you can’t afford one), the right to remain silent, and the presumption of innocence — the State must prove guilt beyond a reasonable doubt.
The guides
For specific charges, see the criminal process, DUI, drug charges, theft, assault, and sealing a record. To get matched with a local Colorado attorney, connect with a lawyer.
Guides
- Colorado Assault Charges
Colorado recognizes three degrees of assault. First-degree (C.R.S. § 18-3-202) and second-degree (C.R.S. § 18-3-203) assault are felonies. Third-degree assault (C.R.S. § 18-3-204) is a class 1 misdemeanor, though it can become a class 6 felony if the victim is an at-risk person.
- The Colorado Criminal Process
Colorado sorts felonies into classes 1–6 (class 1 most serious), each with a presumptive sentencing range (C.R.S. § 18-1.3-401), while drug crimes use a separate drug-felony/drug-misdemeanor system. A 2021 reform (SB21-271, effective March 1, 2022) cut misdemeanors to two classes. District Court hears felonies; County Court handles misdemeanors and the early stages of felony cases.
- Colorado Drug Charges
Under Colorado's Uniform Controlled Substances Act, simple possession of 4 grams or less of a schedule I or II substance is a level 1 drug misdemeanor — not a felony — after HB19-1263 (C.R.S. § 18-18-403.5), with exceptions. Distribution and manufacturing remain felonies (C.R.S. § 18-18-405). Marijuana is legal for adults 21+ under Amendment 64, with unlawful amounts addressed in C.R.S. § 18-18-406.
- Colorado DUI & DWAI Charges
Colorado has two impaired-driving offenses (C.R.S. § 42-4-1301): DUI, with a per se limit of 0.08 BAC or more, and the lesser DWAI, which applies above 0.05 but below 0.08. A 4th or subsequent offense is a class 4 felony. The express-consent law (C.R.S. § 42-4-1301.1) deems drivers to have agreed to chemical testing, and refusing triggers an automatic DMV license revocation separate from the criminal case.
- Sealing a Criminal Record in Colorado
Colorado allows sealing of many criminal records (C.R.S. § 24-72-701 et seq.), including petition-based sealing of conviction records under § 24-72-706. Recent reforms (SB22-099) added automatic sealing of many eligible records on a phased schedule, alongside the petition process. Eligibility lists, waiting periods, and the automatic-sealing rollout are detailed and amendment-prone.
- Colorado Theft Charges
Colorado's consolidated theft statute (C.R.S. § 18-4-401) grades theft by the value of what was taken. The felony threshold is $2,000: theft of $2,000 to under $5,000 is a class 6 felony, while amounts below $2,000 are misdemeanors or a petty offense, and larger amounts are higher felony classes.
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