Class 1 misdemeanors are the most serious class of misdemeanor offenses in Colorado. A conviction is punishable by up to 364 days in jail and/or a fine of up to $1,000. As to extraordinary risk crime class 1 misdemeanors, the maximum jail sentence is 18 months.

Convictions can usually be sealed from your criminal record three years after the case ends.

In this article, our Denver Colorado criminal defense attorneys discuss:

• 1. What are class 1 misdemeanors?
• 2. What is the sentencing?
• 3. What are some examples?
• 4. Can I seal the record?
• 5. Are there immigration consequences?
• 6. May I have a jury trial?
• 7. What is the criminal statute of limitations?
• 8. Will my gun rights be affected?

Stealing property worth from $1,000 to less than $2,000 is a class 1 misdemeanor in Colorado.

1. What are class 1 misdemeanors?

Class 1 misdemeanors are Colorado’s most serious class of misdemeanor offenses right below felony crimes. Meanwhile, class 1 misdemeanors are one level above class 2 misdemeanors. (As of March 1, 2022, no new crimes are classified as class 3 misdemeanors.)

Class 1 misdemeanors also have a subclass of extraordinary risk misdemeanors. These crimes present a high risk of harm to society.¹

See our related article on traffic misdemeanors.

2. What is the sentencing?

Class 1 misdemeanors in Colorado have a presumptive penalty of up to 364 days in jail and/or up to $1,000 in fines. Extraordinary risk class 1 misdemeanors have a maximum jail sentence of 18 months. And if the conviction is for 3rd-degree assault (CRS 18-3-204), the maximum sentence can be 36 months if the victim was on duty as a:

• Peace officer,
• Emergency medical provider,
• Firefighter, or
• Mental health professional at the Department of Human Services.

For cases that occurred prior to March 1, 2022, class 1 misdemeanors carry

• six to 18 months of jail time and/or
• fines of $500 to $5,000.

But extraordinary risk class 1 misdemeanors have a maximum jail sentence of 24 months. And if the conviction is for 3rd-degree assault (CRS 18-3-204), the maximum sentence can be 48 months if the victim was on duty as a:

• Peace officer,
• Emergency medical provider,
• Firefighter, or
• Mental health professional at the Department of Human Services.

Courts may grant probation instead of jail for class 1 misdemeanors.²

3. What are some examples?

Seven common class 1 misdemeanor charges in Colorado include:

1. Theft of property (CRS 18-4-401), from $1,000 to less than $2,000
2. Criminal mischief (CRS 18-4-501), from $1,000 to less than $2,000
3. Indecent exposure (CRS 18-7-302)
4. Defacing a firearm (CRS 18-12-104)
5. Obstruction of telephone service (CRS  18-9-306.5)
6. Harassment (CRS 18-9-111) when the aggressor either touches the victim, follows the victim in a public place, or otherwise commits harassment as a hate crime.

Three common extraordinary risk class 1 misdemeanors in Colorado include:

1. Child abuse (CRS 18-6-401)
2. Third degree assault (CRS 18-3-204)
3. Failure to register as a sex offender (CRS 18-3-412.5) if the person was convicted of misdemeanor unlawful sexual behavior

See the state government’s former official list of class 1 misdemeanors.

4. Can I seal the record?

Convictions for class 1 misdemeanors can be sealed three years after the case ends. However, convictions for

• sex crimes,
• DUIs,
• domestic violence, or
• traffic misdemeanors

are always unsealable.

You can petition for a record seal immediately if the charge gets dismissed.

Note that the waiting period to seal drug misdemeanor convictions is two years after the case ends.³

Learn how to get criminal records sealed in Colorado.

Defendants charged with class 1 misdemeanors can have a trial by six jurors.

5. Are there immigration consequences?

Non-citizens convicted of misdemeanor crimes involving moral turpitude could face deportation from the U.S. Therefore, non-citizens are advised to hire experienced counsel to try to persuade prosecutors to dismiss the charges or have them changed to non-deportable offenses.

Learn more about the criminal defense of immigrants in Colorado.⁴

6. May I have a jury trial?

If you are accused of a class 1 misdemeanor in Colorado, you have the right to a jury trial of six people. Or you can choose to have a bench trial instead.⁵

7. What is the criminal statute of limitations?

Colorado district attorneys can press criminal charges for most class 1 misdemeanors 18 months after the offense occurred. If the crime involves theft, the 18-month clock does not begin running until after the theft is discovered.

For unlawful sexual contact (CRS 18-3-404) charges where the victim is 15 or older, the criminal statute of limitations is five years after the offense occurs. If the victim is under 15, the time limit to press charges is eight-and-a-half years after the offense occurs.

Note that the criminal statute of limitations for traffic misdemeanors is one year after the offense occurs.⁶

8. Will my gun rights be affected?

If you get convicted of a class 1 misdemeanor involving domestic violence or of an extraordinary risk class 1 misdemeanor, then you may no longer possess guns. But gun rights should not be affected by any other class 1 misdemeanor conviction if the criminal act occurred on or after March 1, 2022.

Note that any class 1 misdemeanor conviction for a crime that occurred prior to March 1, 2022 bars the defendant from possessing guns.

Learn how to get firearm rights restored through a Governor’s Pardon.⁷

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Legal References

1. SB21-271; CRS 18-1.3-501; see also Melton v. People, (2019) CO 89, 451 P.3d 415; see also Lawrence v. People, (2021) CO 28, 486 P.3d 269.
2. Same.
3. CRS 24-72-701 – 708.
4. 8 USC 1227.
5. CRS 18-1-406.
6. CRS 16-5-401.
7. CRS 18-12-108; Colorado Constitution, Article IV, § 7; 18 U.S.C. § 922(g).