Colorado Criminal Process: Felony Classes, Courts & Rights

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.

This is general information, not legal advice, and Colorado’s sentencing ranges are detailed and frequently amended — confirm the current numbers against the statute and talk to a Colorado attorney.

A Colorado criminal case starts with how the charge is classified, which shapes both the possible penalties and which court handles it.

Felony classes 1–6

Colorado sorts felonies into classes 1 through 6, with class 1 the most serious. Each class carries a presumptive sentencing range set by statute (C.R.S. § 18-1.3-401). Separately, drug crimes use their own system of drug felonies (levels 1–4) and drug misdemeanors (levels 1–2).

Two misdemeanor classes

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). Older references to three or more misdemeanor classes are out of date.

District Court vs. County Court

District Court hears felonies, plus larger civil, juvenile, probate, and domestic-relations cases.
County Court hears misdemeanors, petty offenses, and traffic, and handles the initial stages of felony cases before they move up.

Your rights

Throughout the process you have the right to counsel (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.

For a specific charge, see the DUI, drug, theft, and assault guides, or return to the criminal-defense hub. To get matched with a local attorney, connect with a lawyer.

Frequently asked questions

How are felonies classified in Colorado?

Into classes 1 through 6, with class 1 the most serious. Each class has a presumptive sentencing range (C.R.S. § 18-1.3-401). Drug crimes use a separate system of drug felonies (levels 1–4) and drug misdemeanors (levels 1–2).

How many misdemeanor classes does Colorado have now?

Two — class 1 and class 2. A 2021 reform (SB21-271), effective March 1, 2022, reduced Colorado misdemeanors to these two classes (C.R.S. § 18-1.3-501).

Which court will hear my case?

District Court hears felonies (and larger civil, juvenile, probate, and domestic matters). County Court hears misdemeanors, petty offenses, and traffic, and handles the initial stages of felony cases.

Related 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.

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.

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.

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.

The Colorado Criminal Process