Colorado Misdemeanor Lawyer

Life can take unexpected turns. One minute, you are in a heated argument or dealing with a misunderstanding. The next moment, you are facing misdemeanor charges. Feeling uncertain and worried about what this means for your future, job, and relationships is natural. 

With the guidance of a trusted misdemeanor defense attorney, you can confidently address these charges, mitigate their consequences, and protect the life you have worked hard to build.

Overview of Misdemeanor Charges in Colorado

Misdemeanors represent criminal offenses less severe than felonies but more significant than petty offenses. Although classified as less severe, misdemeanors still carry consequences that can disrupt your personal, professional, and social life. Colorado separates misdemeanors into three primary categories, each with unique penalties.

Class 1 Misdemeanors

A Class 1 misdemeanor can carry penalties of up to 364 days in county jail and fines reaching $1,000. Charges in this category include, but are not limited to, the following:

• Third-degree assault or causing injury without intent to severely harm;
• Theft valued between $750 and $2,000; and
• Harassment, including persistent unwanted communication.

Even without felony status, these charges can result in significant long-term consequences, such as difficulties in employment and housing applications and damage to your reputation.

Class 2 Misdemeanors

Class 2 misdemeanors carry penalties of up to 120 days in jail and fines of up to $750. Common examples include:

• Disorderly conduct,
• Minor criminal mischief or property damage, and
• Trespassing on private property.

Despite seeming less severe, these misdemeanors still negatively affect your future, underscoring the importance of obtaining knowledgeable legal assistance.

Unclassified Misdemeanors

Unclassified misdemeanors are minor offenses not categorized into specific classes or degrees.  Penalties for these offenses could include fines, community service, probation, or short jail sentences.

Common Misdemeanor Charges 

Below are some typical misdemeanor charges in Colorado, including how they are defined legally and their potential impacts.

• Petty theft—intentionally taking property valued between $50 and $2,000 without permission, including shoplifting and borrowing items without consent;
• Disorderly conduct—intentionally disrupting public peace, such as when you participate in a public fight or use offensive language that provokes others;
• Trespassing—entering or remaining on private property without authorization;
• Arson—intentionally setting fire to property, which can result in serious damage and endanger lives;
• Fraud—deliberately deceiving someone for personal benefit, usually using misleading information or false representations. 

Recognizing these charges emphasizes the importance of consulting a knowledgeable defense lawyer to strategically construct your defense.

What to Expect from the Misdemeanor Court Process

Colorado’s criminal justice system can seem confusing, especially without experienced legal guidance. Here is a clear breakdown of the misdemeanor court procedure you may face:

Arrest or Summons

Depending on your charge and other circumstances, you may be arrested on the spot or receive a summons. Either way, your first and most crucial move is to invoke your right to remain silent. Do not speak to law enforcement without an attorney present. Contact a Colorado-licensed criminal defense lawyer immediately.

Arraignment

This initial court appearance in Colorado is where the judge formally presents the charges against you. You will then enter a plea of guilty, not guilty, or no contest (nolo contendere).

Discovery and Pre-Trial Motions

In Colorado’s discovery process, your attorney obtains all evidence the prosecution intends to use. Your lawyer will carefully review this evidence and file any necessary pre-trial motions to suppress illegally obtained evidence. If there is insufficient evidence or procedural errors, your lawyer could argue for a dismissal of the charges.

Plea Negotiations

Your lawyer will use their understanding of local courts and prosecutors to negotiate a plea bargain for reduced charges or lighter sentencing. Many Colorado misdemeanor cases are resolved in this way.

Trial

If plea negotiations fail to produce an advantageous plea offer, or if you want to go to trial regardless of the offer, your case proceeds to trial. In any Colorado criminal trial, the prosecution must prove your guilt beyond a reasonable doubt. Your attorney will present a vigorous defense, challenging the prosecution’s evidence and protecting your rights.

Sentencing

A sentencing hearing will be held after a plea of guilty, no contest, or a guilty verdict at trial. The judge will consider the pre-sentencing report, victim impact statements, and arguments from your attorney before deciding on a sentence. Although Colorado sentencing guidelines are in effect, an experienced Colorado criminal misdemeanor lawyer can advocate for alternative sentencing options.

Can I Have a Misdemeanor Expunged from My Record in Colorado?

Colorado permits sealing certain misdemeanor records depending on offense type, sentence completion, and waiting periods.

Building Your Defense: Effective Strategies

Your lawyer’s experience is key to finding and using the right defenses for your specific situation, with several at their disposal:

• Lack of intent—demonstrating you did not intend to commit the offense;
• Mistaken identity—challenging unreliable or mistaken eyewitness testimony;
• Self-defense or defense of others—arguing your actions were justified to protect yourself or another from immediate harm;
• Procedural errors—identifying police or prosecution errors, including illegal searches, rights violations, or improper evidence handling; and
• First-time offender consideration—advocating for leniency, including probation or diversion programs for first-time offenses.

A skilled Colorado misdemeanor attorney evaluates your unique circumstances and crafts a personalized strategy to reduce or dismiss charges.

Can I Represent Myself in a Misdemeanor Case?

Representing yourself increases the risk of receiving harsher penalties or convictions. Hiring an experienced Colorado misdemeanor lawyer significantly boosts your chances of achieving a favorable outcome, whether acquittal or dismissal.

Why Choose a Colorado Misdemeanor Attorney from The Law Offices of Susan Deschler?

Our firm provides vital resources to support your defense:

• Proven experience. Over 24 years practicing law, including roles as a Deputy District Attorney and Court Commissioner, gave Susan Deschler valuable insight into prosecution tactics and courtroom expectations. 
• Personalized attention. Direct attorney-client communication ensures you always know the next steps in your defense.
• Skilled negotiation. Susan Deschler is effective at negotiating plea deals to reduce or eliminate charges and penalties.
• Courtroom experience. Our team advocates for your rights if your case reaches trial, strategically challenging evidence and testimonies.

When you choose our firm, we prioritize your personal and professional future and provide you with capable and trustworthy legal representation.

Protect Your Future with a Strong Defense

A misdemeanor charge can have serious consequences. As your committed advocate, Attorney Deschler will guide you through every step of the legal process, helping you take back control of your life.

Contact the Law Offices of Susan Deschler for a confidential consultation and begin building your strongest possible defense.

Resources:

• Colorado Crime Classification Guide (2024). Legislative Council Staff, link.
• The Process. Navigate your way through a criminal case in Colorado. Colorado District Attorneys’ Council, link.
• How Criminal Cases Work. Denver District Attorney Office, link.
• Nolo Contendere. Legal Information Institute, link.