If you’ve recently been charged with a Colorado Class 2 misdemeanor, it’s important that you understand the relevant potential penalties, court processes, and strategic options so that you’re properly informed when you take your next steps.

The good news is that a Class 2 misdemeanor is not among the most serious of our state’s criminal offense classifications. However, convictions of this type can still come with major consequences, including jail time.

So, exactly what is a Class 2 misdemeanor in Colorado, and how should you respond when you’ve been charged with one?

What Is a Class 2 Misdemeanor in Colorado?

A Class 2 misdemeanor in Colorado is a criminal offense that’s less serious than a felony and also less severe than the state’s most advanced misdemeanor category, a Class 1 misdemeanor. However, it is still a criminal charge (rather than a civil infraction like a speeding ticket), which means a conviction can result in jail time, fines, probation, and a criminal record.

What Are the Penalties for Class 2 Misdemeanors?

The standard maximum penalties for a Class 2 misdemeanor (where the acts in question were committed on or after March 1, 2022) are 120 days in jail, a fine of $750, or both.

However, maximum sentences provide only a rough guide. The precise sentencing in your case will depend on the statute involved, your criminal history, the facts of the alleged offense, and whether the court decides to impose probation (probation can provide a meaningful opportunity to remain in your community, but it comes with a strict set of conditions; failing to adhere to these may result in incarceration).

Alongside jail time, fines, and probation, consequences can include:

  • Court costs.
  • Community service.
  • Classes, counseling, or treatment requirements.
  • No-contact orders or protection-order conditions (these may be relevant in cases where the alleged offense involves a specific person who may need protection, such as in domestic violence cases).
  • Restitution for the financial losses of victims.
  • A criminal record that can affect employment, housing, professional licensing, and education.

If your Class 2 misdemeanor charge results in a conviction, our defense attorneys will work to secure a positive outcome in your sentencing hearing. We’ll present any relevant mitigating information (employment, family responsibilities, treatment efforts, lack of prior convictions, or the circumstances of the alleged offense) to advocate for a more lenient sentence, potentially including probation instead of a custodial sentence.

Class 2 Misdemeanor vs. Class 2 Traffic Offense

A Class 2 misdemeanor is not the same thing as a Class 2 misdemeanor traffic offense. These are separate classifications governed by different statutes and penalty structures.

Class 2 traffic misdemeanors are defined under C.R.S § 42. They are criminal traffic offenses; more serious than ordinary traffic infractions, but less serious than Class 1 traffic misdemeanors.

Examples of Class 2 traffic misdemeanors:

  • Driving 25 mph or more over a posted speed limit.
  • Careless driving that does not result in bodily injury or death.
  • Failing to report certain types of road accidents.

A conviction for a Class 2 traffic misdemeanor carries a sentence of between 10 and 90 days in county jail or a fine of between $150 and $300, or both. The court may also order community service and restitution for losses caused by the offense.

Separately, the DMV may impose driving points following an offense like this. If you’re over the age of 21 and you collect 12 points in any 12-month period, or 18 points in any 24-month period, you may lose your license. There are lower points limits for younger drivers and higher limits for chauffeurs (professional drivers, such as taxi drivers).

Unlike an ordinary traffic ticket, a Class 2 traffic misdemeanor can lead to a criminal case. That means it can require a court appearance and may affect both your criminal record and driving privileges.

What Is a Class 2 Misdemeanor DUI in Colorado?

A standard Colorado DUI is not a Class 2 misdemeanor or a Class 2 traffic misdemeanor. DUI and DWAI are governed by Colorado’s separate impaired-driving statute, C.R.S. § 42-4-1301. A standard DUI is generally a misdemeanor; a fourth or subsequent DUI-related conviction can be a Class 4 felony.

What Kinds of Offenses Qualify as Class 2 Misdemeanors?

In Colorado, the dollar value of an offense can determine its criminal classification. When it comes to theft, for example, stolen goods or services valued at $300 or more but less than $1,000 will generally lead to a Class 2 misdemeanor charge. Other Class 2 misdemeanors are classified based on the alleged conduct itself, rather than on a dollar value.

Some commonly charged Class 2 misdemeanors:

  • Disorderly conduct: This applies when a person displays a real or simulated firearm in a public place in a manner calculated to alarm others.”
  • Criminal mischief: Damaging another person’s property may fall into this category when the value of the damage fits the applicable misdemeanor range.
  • Theft: As noted above, the classification of theft depends on the value of goods or services stolen; greater value can increase a charge to a Class 1 misdemeanor or a felony.
  • Certain weapons or public-safety violations: The classification of a charge like this will depend on the alleged conduct, its location, and whether there are prior convictions or other aggravating factors.
  • Engaging in a riot: This is generally a Class 2 misdemeanor when there are no deadly weapons involved.

The list above is not exhaustive, and classifications can change depending on the details of an accusation. For example, an offense with injury, a weapon, domestic violence, or a protected victim can trigger an elevated charge or other additional consequences.

Recent Changes in the Colorado Law Around Misdemeanors

Colorado substantially revised its misdemeanor sentencing structure for many offenses committed on or after March 1, 2022. The changes were designed in part to reduce jail exposure for lower-level offenses and create a more consistent misdemeanor classification system.

Before the change, a Class 2 misdemeanor conviction could result in a sentence of 3-12 months in county jail, a fine ranging from $250 to $1,000, or both. Under the current structure, the maximum penalty for a Class 2 misdemeanor committed after March 1, 2022 is generally 120 days in jail, a $750 fine, or both.

Additionally, the new rules eliminated Class 3 misdemeanors entirely, and most offenses in Class 3 became petty offenses.

Get Help With a Class 2 Misdemeanor Charge

A Class 2 misdemeanor in Colorado may not be as impactful as a felony, but it can still affect your freedom, finances, reputation, and future opportunities. If you’ve been charged with an offense like this (or with any other category of criminal offense), it’s imperative that you act quickly to protect your interests.

The strongest response is to make sure you understand the charge, avoid making assumptions about the potential penalties, and speak with a defense lawyer as soon as possible.

Contact one of our misdemeanor defense attorneys today to schedule a free initial consultation about your case. You can reach us by sending us an email or by calling (303) 447-1400. During your first meeting, we’ll review the facts of your case, explain what your charge means, identify any possible defenses, and if you have a case we will work with you toward the best available resolution.