susandeschler, Author at The Law Offices of Susan Deschler

Guide to the State of Colorado DUI Laws

Posted on April 15, 2025May 14, 2025 by susandeschler

A DUI charge in Colorado puts your license, freedom, and record at risk. The penalties include jail time, heavy fines, and a lasting conviction. Whether you are dealing with your first arrest or a repeat offense, understanding how Colorado DUI laws apply to your situation helps you make informed decisions.

Law enforcement treats impaired driving as a public safety threat. Officers are trained to spot signs of intoxication, conduct roadside tests, and request blood or breath samples when they suspect impairment. If results show a BAC above the legal limit—or if drugs affect your ability to drive—you may be taken into custody and face criminal prosecution. Colorado’s legal framework outlines what counts as DUI, how police enforce the law, the consequences of a conviction, and the legal issues that may arise during the process.

Understanding Colorado DUI Laws

Colorado DUI laws apply to both alcohol and drug-related impairment. Under state law, you can be charged with:

Driving Under the Influence (DUI), or
Driving While Ability Impaired (DWAI)

Unlike some states, Colorado does not require visible intoxication for a DUI charge to stick. A BAC over the legal limit can serve as sufficient evidence of impairment—even without erratic driving behavior. In drug-related cases, law enforcement often relies on officer observations and chemical tests to determine whether marijuana or another substance played a role.

What Is the Legal Alcohol Limit in Colorado?

The legal alcohol limit in Colorado varies based on the type of charge:

DUI—0.08% BAC or higher for drivers 21 and older;
DWAI—0.05% to 0.079% BAC; and
Underage DUI—0.02% to 0.05% BAC for drivers under 21.

It is important to note that a lower BAC does not protect you from prosecution. If officers believe you were too impaired to drive—even if you tested below the DUI threshold—they can still file DWAI charges, which also carry significant consequences.

Refusing to take a chemical test after a lawful DUI arrest can trigger automatic license suspension under Colorado’s express consent law, regardless of whether you are ultimately convicted.

How Police Handle DUI Arrests in Colorado

If an officer suspects impairment, the traffic stop quickly escalates into a DUI investigation. You may be asked to perform field sobriety tests like the horizontal gaze nystagmus test, walk-and-turn, or one-leg stand. These tests are designed to reveal coordination or judgment issues that suggest intoxication.

If the officer sees enough signs of impairment, you will be arrested and asked to submit to a blood or breath test. Colorado’s express consent law means you have already agreed to chemical testing by driving on public roads. Refusal to take these tests results in an automatic license suspension and may be used as evidence against you in court.

After the arrest, the legal process involves both a criminal case and an administrative license hearing through the Hearings Division of the Colorado Department of Revenue (DOR). These are separate matters, and winning one does not guarantee success in the other. You must take steps to request a hearing within seven days of your arrest or risk losing your license by default.

Colorado DUI Penalties

The penalties for DUI convictions depend on your prior record, BAC level, and whether anyone was injured or property was damaged. Colorado separates its DUI sentencing into first, second, and third or subsequent offenses, with escalating consequences at each level.

First DUI Offense

A first-time DUI conviction in Colorado still brings serious consequences, even without prior offenses on your record. The following penalties can affect your freedom, driving privileges, and finances:

Up to one year in jail;
Fines of $600 to $1,000;
License suspension for up to 9 months;
Alcohol education and therapy;
Community service; and
Possible installation of an ignition interlock device.

Although the court may show some leniency for a first offense, the sentence often includes multiple conditions that extend far beyond a simple fine.

Second DUI Offense

A second DUI conviction carries mandatory jail time and stricter consequences, including:

Mandatory minimum of 10 days in jail, with a possible maximum of 365 days in jail;
Up to $1,500 in fines;
One-year license suspension;
Two years of ignition interlock; and
Community service for 48 to 120 hours.

With a second offense, the law offers fewer options for avoiding incarceration or license restrictions, even if the incident did not involve an accident or injury.

Third or Subsequent Offense

A third or subsequent DUI conviction triggers some of the most severe penalties available under Colorado law. These include the following:

Jail sentence of 60 to 365 days,
Increased fines and longer license revocation,
Habitual traffic offender status,
Enhanced alcohol or drug treatment, and
Extended ignition interlock requirements.

These cases often involve tighter supervision, stricter probation terms, and long-term consequences that can affect housing, employment, and your ability to drive legally.

Drivers with a BAC of 0.15% or more may be classified as persistent drunk drivers, even on a first offense. This classification brings enhanced penalties, including mandatory ignition interlock installation and extended treatment.

Possible Defenses in DUI Cases

While every DUI case differs, certain defenses may apply depending on the facts. For example, if your lawyer believes that the officer stopped you without a valid legal reason, they can challenge the stop by filing a Motion to Suppress Evidence. If the judge finds that the officer lacked probable cause for the stop, they could deem the resultant evidence to be inadmissible against you, greatly weakening the State’s case.

Field sobriety tests and officer observations are not infallible. Your attorney can examine whether the officer properly instructed you on how to perform these tests.

Chemical testing procedures must also follow strict protocols—errors in administration, equipment calibration, or sample handling can cast doubt on the results. An experienced defense attorney can request police body camera footage, review lab reports, and challenge how evidence was collected. In some cases, improper handling and collection of evidence can persuade the prosecutor to reduce charges to a lesser offense like DWAI—or dismiss the case entirely.

In drug-based DUIs, timing matters. A positive test for THC does not automatically prove impairment at the time of driving, particularly in regular cannabis users. Prosecutors must connect the presence of a substance to the unsafe operation of the vehicle.

We Can Help Protect Your License and Your Future

A Colorado DUI can lead to jail time, steep fines, and a suspended license—but an arrest is not the same thing as a conviction. The Law Offices of Susan Deschler focuses on strategic, personalized DUI defense to protect what matters most to you. Whether it is your first arrest or you are facing multiple charges, we will examine the details, challenge weak evidence, and fight for the best possible outcome. Call today to schedule a consultation and take the first step toward defending your rights. You can also connect with our Colorado DUI attorney by filling out our secure online contact form.

Caught Driving in Colorado During a DUI License Suspension

Posted on April 15, 2025May 14, 2025 by susandeschler

Driving with a suspended license is more than just a traffic violation—it is a criminal charge that can lead to jail time, heavy fines, and additional license revocation. The penalties increase sharply if your license is suspended due to a DUI. Courts treat these cases as willful defiance of a court order, and prosecutors often push for harsher consequences than other license-related offenses.

If you have been stopped while your license is suspended for DUI, you are likely wondering what happens next. Will you go to jail? Can you reinstate your license? Is this considered a criminal offense? Understanding the laws around driving on a suspended license in Colorado helps you prepare for what is ahead and avoid further mistakes that could prolong your suspension or worsen your situation.

Driving on a Suspended License After a DUI

Colorado treats driving on a suspended license—especially when the suspension is due to a DUI—as a criminal matter. This charge falls under a category called Driving Under Restraint (DUR). The penalties are significant because the state assumes you understood the court-ordered restriction and chose to drive anyway.

For a DUI-related suspension, the penalties are even stricter. It is a misdemeanor that carries mandatory jail time and financial penalties. If this is your first offense, the court must impose a minimum 30-day jail sentence, which may not be suspended or replaced with alternative sentencing.

Repeat offenses increase both the minimum and maximum penalties. The court sees the action of choosing to drive as an intentional violation—not a misunderstanding or clerical error. That makes the legal consequences more aggressive than they would be for a typical driving violation.

What Happens If You Get Pulled Over with a Suspended License

If you get pulled over with a suspended license, what happens next largely depends on why your license was suspended in the first place. If the suspension was DUI-related, you can expect:

Arrest at the scene,
Impoundment of your vehicle,
Criminal charges filed for Driving Under Restraint,
Mandatory jail time if convicted, and
Additional license suspension time imposed by the DMV.

Even if you explain that you were unaware of the suspension or believed it had been resolved, that rarely changes the outcome. Prosecutors and judges often assume the responsibility to confirm license status falls on the driver.

Once cited, you will need to appear in court and address the new criminal charge and any administrative fallout with the DMV. These two tracks happen separately, but both can increase your total suspension period and raise the stakes if you are charged again.

Penalties for Driving Under Restraint in Colorado

The law treats these violations as intentional and dangerous, providing penalties including mandatory jail time and extended loss of driving privileges. Understanding the specific penalties helps you anticipate what you are facing and make more informed choices about how to proceed.

First DUR Offense Involving a DUI-Suspended License

A first offense for driving under restraint after a DUI conviction brings mandatory sentencing. Colorado law does not allow judges to suspend or substitute jail time in these cases. Therefore, you could face the following:

Minimum of 30 days in jail, up to a 1-year maximum;
Fines between $500 and $1,000;
Additional one-year license revocation; and
No eligibility for alternative sentencing.

Even a first violation shows the court that you ignored the restriction, which can shape how prosecutors and judges approach your case going forward.

Second or Subsequent DUR Offense Involving a DUI-Suspended License

A second or later offense raises the stakes significantly. Courts presume that you had prior knowledge of the suspension and disregarded it again. In these cases, you can expect the following:

Mandatory 90 days in jail, up to a maximum of 2 years;
Fines up to $3,000;
Extended license revocation; and
Increased likelihood of being labeled a habitual traffic offender.

With each new offense, your options for reducing penalties shrink, and the risk of longer-term license revocation or additional charges grows.

Driving under restraint for non-DUI reasons—such as failure to pay traffic fines or child support—may result in less severe consequences. However, the court still treats the offense as a misdemeanor and may impose jail time or probation depending on your record.

No matter the reason for the restraint, a conviction will appear on your criminal history and may affect insurance, employment, and your ability to restore full driving privileges in the future.

The Difference Between a DUR Suspension and an Administrative Restraint

Colorado law distinguishes between criminal suspensions and administrative ones. After a DUI arrest, the Colorado Department of Motor Vehicles (DMV) may suspend your license automatically, even before your court case begins. This is known as an administrative restraint and is based on the BAC level or your refusal to submit to chemical testing.

In addition, if you are caught driving during this administrative suspension of your license, you are subject to additional criminal charges. Many people believe that because their court case has not concluded, the suspension does not “count” yet. That misunderstanding leads to arrest and additional criminal exposure.

Always verify your license status with the DMV before returning to the road—even if you think the suspension period is over.

How a DUI Conviction Affects Your Driving Privileges

A single conviction for driving under restraint—especially one tied to a DUI—makes it significantly harder to restore full driving privileges. The DMV may require:

Completion of a longer ignition interlock period,
Proof of insurance through an SR-22 filing,
Extended probation,
Drug and alcohol treatment classes, and
In-person hearings to prove eligibility.

In addition, the judge and DMV may deny future requests for early reinstatement or hardship licenses. The state assumes that your decision to drive despite a court order shows a disregard for public safety, which increases the difficulty of earning back trust.

Were You Caught Driving on a Suspended License After a DUI?

If you have been caught driving in Colorado while your license was suspended for a DUI, you are facing mandatory jail time, extended suspension, and lasting damage to your record. The courts take these charges seriously—and so should you. At The Law Offices of Susan Deschler, we understand how quickly one mistake can spiral out of control, ultimately leading to harsh penalties. We will help you challenge the charges, explore sentencing alternatives, and fight to protect your future. Regardless of the facts surrounding your arrest, we will create a customized defense designed to minimize any impact the case has on your future. Call or connect with us online to schedule a free consultation.

Understanding DUI Laws: What You Need to Know

Posted on February 26, 2025April 17, 2025 by susandeschler

The Most Common Felony Crimes in Colorado

Posted on February 26, 2025April 17, 2025 by susandeschler

The Most Common Felony Crimes in Colorado

Perhaps you found yourself in an unfortunate situation and are now facing drug possession charges. Maybe a disagreement escalated quickly, and now you are looking at real jail time for assault. Regardless of the accusation or circumstances, you are looking at a felony charge that could alter your life. Everything feels at risk, from your career and housing to your family and freedom.

What is considered a felony? If you are trying to understand your charges, you are not alone. The answers are more than just definitions. Knowing the most frequently charged felonies and their definitions in Colorado is the first step toward protecting your future.

This post explains the legal classification of a felony, outlines the penalties you could face, and lists some common felony examples.

What Is a Felony Charge?

Simply put, a felony is a criminal offense that is punishable by more than one year in state prison. Felonies are more serious crimes than misdemeanors or infractions, and they can have long-lasting legal, personal, and financial consequences.

Colorado categorizes felonies into six levels, from Class 1 to Class 6, with Class 1 being the most serious. There are also four categories of felony drug convictions, with class 4 being the least serious.

Does Colorado Have the Death Penalty?

In 2020, Colorado abolished the death penalty, also known as capital punishment. The state will no longer sentence individuals to death, regardless of the severity of their crimes. Instead, those convicted will serve life in prison without the possibility of parole.

Felony Examples

Not all felonies are violent, and not all are obvious. Here are some of the most common examples of felony charges in Colorado, ranging from theft to assault to drug-related crimes.

Felony Theft

When someone is accused of stealing property valued at $2,000 or more, it becomes a felony. Penalties increase with the value of the stolen items, and aggravated theft can result in years behind bars.

Assault in the Second Degree

This charge applies when a person deliberately inflicts physical harm on another person using a weapon or while committing another crime. The penalties range from two to six years in prison with mandatory parole.

Burglary

Unlawfully entering a building with intent to commit a crime, especially if it involves theft, assault, or arson, can lead to felony burglary charges. The level of felony depends on whether the building was occupied and whether weapons or threats were involved.

Drug Possession or Distribution

Possession of certain controlled substances, especially Schedule I and II drugs, can be charged as a felony, even in relatively small quantities. Mandatory sentencing involving harsher penalties applies when charged with possessing drugs with the intent to distribute (sell) them to others.

Vehicular Assault or Homicide

Driving under the influence or recklessly causing serious injury or death while operating a vehicle can result in felony vehicular assault or homicide. These charges can result in losing your driving privileges and long periods of incarceration.

Each of these felonies has its complexities, with the outcome depending on the evidence, your criminal history, and the defense strategy you employ.

What Is Considered a Felony as Opposed to a Misdemeanor?

So, what is considered a felony compared to a misdemeanor?

Felonies—crimes that typically involve harm to persons, large financial loss, or significant social danger, that are punishable by more than one year in prison; and
Misdemeanors—punishable by up to 364 days in jail, often involving less severe harm or lower-value property.

Even within these categories, Colorado law allows for wobbler offenses, i.e., charges that can be filed as misdemeanors or felonies based on circumstances. For example, theft of exactly $2,000 could swing either way, depending on the presence or absence of aggravating factors.

Sentencing for Felony Convictions in Colorado

Felony convictions are classified by class, with each class carrying a specific prison sentence based on the state’s felony sentencing structure:

Class 6 felony—12 to 18 months in prison;
Class 5 felony—1 to 3 years in prison;
Class 4 felony—2 to 6 years in prison;
Class 3 felony—4 to 12 years in prison;
Class 2 felony—8 to 24 years in prison; and
Class 1 felony—life imprisonment.

Each class includes potential fines, mandatory parole, and sentencing enhancements based on criminal history or aggravating circumstances.

Additional Consequences Beyond Prison

Felony convictions do not just affect you while you play out the criminal justice process—they affect where you live, how you earn a living, and your basic civil rights for years to come. If convicted, you may face:

Loss of certain civil rights, including the right to vote and firearms ownership;
Employment barriers because many employers conduct criminal background checks;
Housing challenges since landlords may deny applications from individuals with felony records;
Professional licenses may be denied or revoked, impacting healthcare, legal, medical, and real estate careers; and
For non-citizens, felony convictions can lead to immigration consequences, including deportation.

Because these charges are so severe, consulting an attorney early can make a meaningful difference in the outcome of your case and your life.

Why Coloradans Trust The Law Offices of Susan Deschler

When your future is on the line, you need legal defense grounded in deep experience and personal commitment. Attorney Susan Deschler has over 24 years of legal experience, including time spent as a deputy district attorney and court commissioner. She brings a full-circle perspective to criminal law, understanding how prosecutors think and how courts respond.

Clients trust Susan Deschler because:

They speak directly with her, not junior associates or staff;
She personally prepares every case, large or small;
She has handled a wide range of felony cases throughout Colorado; and
Her courtroom presence is confident, strategic, and driven by compassion.

Your story matters. Your defense should reflect that.

You Cannot Change the Past. But You Can Control What Happens Next

With the right legal strategy and support, you can fight back, pursue a reduced charge, or even avoid a conviction entirely. With The Law Offices of Susan Deschler, you receive the experience, clarity, and dedication necessary to confront felony charges with strength.

Do not face this alone. Contact our law office today to build your defense and protect your future.

FAQs

Can a Felony Charge Be Reduced to a Misdemeanor?

Yes, depending on the specific offense and circumstances. With legal representation, it is possible to reduce some felony charges to misdemeanors, especially for first offenses or non-violent crimes.

Will a Felony Show Up On Background Checks?

Yes. Felony convictions appear on background checks and can affect employment, housing, and credit opportunities unless sealed by court order.

Can I Vote If I Have a Felony Conviction In Colorado?

In Colorado, your right to vote is restored after serving your sentence, including any parole. You can register and vote once you are no longer incarcerated.

Resources:

Crime Classification Guide (2024). Legislative Council Staff, link.
2nd degree assault. CRS §18-3-203, link.
Vehicular assault. CRS §18-3-205, link.
Vehicular homicide. CRS §18-3-106, link.
Drug possession. CRS §18-18-403.5, link.

Colorado DUI First Offense Sentence and Penalties

Posted on February 26, 2025May 14, 2025 by susandeschler

Colorado DUI First Offense Sentence and Penalties

Being arrested for a DUI can leave you feeling overwhelmed, confused, and anxious about your future. You might find yourself replaying the traffic stop in your head repeatedly, worrying about what this means for your license, job, and freedom. If this is your first offense for DUI, understanding Colorado’s DUI laws and penalties is the first step toward regaining control of your situation.

What Happens When You Get Your First DUI?

A first DUI arrest in Colorado triggers two separate legal processes:

A criminal case through the courts and
An administrative case with the Department of Motor Vehicles (DMV).

Both can significantly impact your life and must be taken seriously. Let’s look at what each process entails.

DUI Colorado First-Offense Criminal Penalties

In Colorado, a first-offense DUI is considered a misdemeanor, but the penalties remain severe. The potential penalties for a first DUI offense include:

Five days to one year in jail, although the court may waive the mandatory minimum sentence if you complete an alcohol education program;
Fines ranging from $600 to $1,000, plus court costs and additional fees;
Up to 2 years of probation, which may include alcohol classes, therapy, or regular monitoring;
Up to 96 hours of mandatory community service;
Up to 9 months of license suspension with early reinstatement possible under certain conditions; and
Completion of a state-approved alcohol education or treatment program.

These penalties can significantly impact your life. To do everything possible to protect yourself from the harshest penalties, you will need an effective defense strategy right from the start.

Administrative Penalties from the DMV

In addition to the criminal penalties, the DMV will take separate administrative action against your driving privileges for your first DUI:

Express consent revocation. If your blood alcohol content (BAC) tests at 0.08% or higher, the DMV immediately suspends your license. If you refuse to test, Colorado’s express consent law mandates a full 12-month suspension.
Early reinstatement options. If you install an ignition interlock device and meet other DMV requirements, you might qualify for early reinstatement after one month of suspension.

Efficiently managing the DMV process minimizes disruptions to your daily life and work.

Alternatives and Diversion Programs for First-Offense DUI

Fortunately, first-time offenders sometimes qualify for other options that reduce the severity of traditional sentencing. If your DUI did not involve aggravating circumstances, such as injury or significant property damage, the court may consider a diversion program like DUI Court. Other possible alternatives include:

Deferred judgment and sentencing. The judge may offer you the opportunity to avoid a permanent DUI conviction by allowing you to plead guilty but suspending the entry of your conviction while you complete a probationary period—which may include education and other court-mandated requirements. If and when you successfully complete the probationary period, the court can dismiss the case.
Diversion programs. The prosecutor has the option to offer you the opportunity to enter a diversion program where you complete substance abuse treatment, counseling, community service, and possibly other requirements. You will not have to enter a plea; you enter the program and if you complete it successfully, the court will dismiss your charges.

Completing these requirements typically prevents a conviction from appearing on your criminal record. Discussing your eligibility for these programs with a knowledgeable DUI defense attorney can lead to a better case outcome.

Common Defenses to a First-Offense DUI in Colorado

If you are facing a first-time DUI, it may feel like the evidence is stacked against you—but every case has weaknesses. A skilled attorney can thoroughly investigate your situation, uncovering issues with evidence or procedure that could lead to reduced charges or dismissal.

Questioning the Legality of the Traffic Stop

Police officers must have probable cause to initiate a DUI stop, such as speeding, swerving, or running a red light. If the officer did not have sufficient reason, then evidence obtained during your stop could be thrown out.

Challenging Breathalyzer or Blood Test Accuracy

In Colorado, breath-testing devices must undergo regular maintenance and calibration to ensure they function accurately and effectively. Mistakes in handling or improperly calibrated equipment can cast doubt on the reliability of BAC results, potentially invalidating the evidence.

Contesting Field Sobriety Tests

Many factors can affect your performance on roadside tests, including slippery road conditions, poor lighting, improper officer instructions, or medical conditions like balance disorders or injuries. Highlighting these issues may help raise questions about the credibility of the tests.

A knowledgeable DUI lawyer will carefully analyze your specific circumstances, leveraging these defenses to build the strongest possible case and protect your rights, record, and future.

How a Lawyer Helps After Your First-Offense DUI

A DUI conviction, even a first-time offense, can affect your life significantly. Working with a knowledgeable DUI attorney can help by:

Reducing penalties. Attorneys use case weaknesses as leverage to negotiate with the prosecutor to get reduced charges, minimal sentencing, or diversion programs. The goal is avoid jail time and extensive fines.
Filing motions. Your attorney will challenge as much evidence as possible if there is any basis upon which to exclude evidence. If enough critical evidence is suppressed, it could critically weaken the State’s case.
Trial. If your case goes to trial, your lawyer knows the rules of evidence and trial procedure. They will zealously advocate on your behalf and do all they can to get a not-guilty verdict.
Protecting your driving privileges. Your lawyer can advocate for early license reinstatement or help obtain an ignition interlock license to keep you legally driving.
Managing administrative proceedings. Effectively handling DMV hearings can help avoid license suspensions and other long-term consequences.

Hiring legal counsel is not just about having someone stand up for you in court. It is about protecting your job, family, and peace of mind.

Why Choose the Law Offices of Susan Deschler?

With more than two decades of experience, Attorney Deschler is a recognized DUI defense lawyer in Colorado. She has been on both sides of the aisle, having worked as a Deputy District Attorney and Court Commissioner. This experience gives her a real advantage in understanding how prosecutors think. Susan takes a hands-on approach, ensuring each case gets the focused attention needed to fight for the best outcome possible.

Start Your DUI Defense Now

A first DUI charge can feel like the end of the world, but it does not have to be. You can increase the likelihood of your charge being reduced or dismissed with an experienced DUI lawyer like Susan Deschler. Attorney Deschler will listen to your situation, outline clear next steps, and pursue every legal option available to defend you.

Do not wait to get the legal help you need. Contact us today to begin building your strongest possible defense.

Frequently Asked Questions

Can a First DUI Affect Employment Background Checks?

A DUI conviction typically appears on criminal background checks, potentially affecting current or future employment.

Will My Insurance Rates Increase After a DUI Conviction?

Most likely, yes. Insurance providers typically raise rates significantly after a DUI conviction, which can last for several years.

Are There Enhanced Penalties for a High BAC on a First DUI?

A first-time offense with a BAC of 0.15% or higher may lead to a persistent drunk driver classification, which mandates the use of an ignition interlock device and extended alcohol treatment.

Resources:

Division of Motor Vehicles (DMV). No DUI Colorado, link.
Evidential Breath Alcohol Testing (EBAT). Colorado Department of Public Health & Environment, link.
Colorado Law Summary: Colorado Drunk Driving Laws. Colorado Legislature, link.

What Is the Difference Between Careless and Reckless Driving?

Posted on February 26, 2025April 17, 2025 by susandeschler

What Is the Difference Between Careless and Reckless Driving?

Drivers who receive a traffic citation often ask whether the specific charge matters. In the case of careless versus reckless driving, the distinction is significant. Colorado law treats these offenses differently, assigning separate definitions, penalties, and long-term consequences to each. Knowing which charge applies can determine whether you face a fine, jail time, or a criminal record.

Reckless driving involves a conscious disregard for the safety of others. In contrast, careless driving usually stems from inattentive behavior or poor decision-making behind the wheel. The presence or absence of intent plays a central role in how prosecutors classify the offense and how the court responds. Understanding the difference between these two charges can help you make informed decisions about your defense and the potential impact on your record and future.

What Is a Reckless Driving Charge?

Under Colorado law, reckless driving means operating a vehicle with a willful or wanton disregard for the safety of people or property. This standard does not require that you meant to cause harm—only that you consciously ignored the risk.

In simpler terms, the court examines whether your driving behavior showed a blatant lack of concern for others on the road. Examples of reckless driving often include:

Street racing or high-speed swerving through traffic,
Passing on blind curves or in no-passing zones,
Running multiple red lights at high speeds,
Evading law enforcement, and
Aggressively tailgating in a way that causes fear or near-collisions.

Reckless driving is not just a traffic ticket. Colorado treats it as a criminal offense—specifically, a class 2 misdemeanor traffic offense. A conviction could result in:

Up to 90 days in jail,
A fine of up to $300,
Four points on your driving record,
Potential license suspension for habitual offenders, and
Higher insurance premiums or dropped coverage.

Prosecutors may pursue harsher penalties or attach additional charges in cases involving injury, property damage, or repeat offenses.

What Is Careless Driving?

Unlike reckless driving, careless driving does not require intent. The law defines careless driving as operating a vehicle without exercising the degree of attention a reasonable person would use under the same circumstances. The behavior is not deliberate, but it is risky behavior behind the wheel.

A careless driving ticket may follow conduct like:

Driving while distracted by a phone or GPS,
Failing to yield the right of way,
Making unsafe lane changes without checking blind spots,
Rolling through stop signs, and
Driving too fast for road conditions, even if under the posted speed limit.

Colorado still treats careless driving seriously. In most cases, it is a class 2 misdemeanor traffic offense, just like reckless driving. However, penalties may increase when the behavior causes serious injury or death.

Standard consequences for a careless driving conviction include:

Fines of up to $300,
Possible jail time for up to 90 days,
Two points on your driving record, and
Court-ordered driving classes, in some cases.

Although the charge is technically a misdemeanor, prosecutors often treat careless driving as a civil traffic violation unless the situation involves aggravating factors.

Key Legal Differences Between Careless Driving vs. Reckless Driving

Although both charges fall under Colorado’s traffic laws, the court evaluates them based on the driver’s intent and the level of risk involved. Reckless driving reflects deliberate behavior that intentionally disregards the safety of persons or property, while careless driving is not intentional and results from inattention or failure to use reasonable care. The distinction affects how prosecutors pursue the case and what penalties you may face.

The following differences highlight how the law treats careless driving vs. reckless driving:

Intent. Reckless driving involves a willful or wanton disregard for safety. Careless driving, on the other hand, stems from simple negligence or a temporary lapse in focus.
Severity. A reckless driving charge results in higher point penalties and often leads to more aggressive prosecution.
Proof. Prosecutors must show that the driver consciously disregarded risk to prove reckless driving. Careless driving requires only evidence of negligence or lack of due attention.
Legal consequences. Reckless driving may result in a criminal record and potential jail time. Careless driving typically leads to a citation unless aggravating factors are present.

Understanding how your conduct aligns with these definitions can help your defense attorney identify opportunities to reduce the charge or argue for dismissal.

What to Do After a Careless or Reckless Driving Charge

If you receive a citation for careless or reckless driving in Colorado, treat it seriously. Even a first offense can lead to penalties that affect your driving record, finances, and future. You have the right to examine the evidence, question the officer’s observations, and pursue defense strategies that may reduce or eliminate the consequences.

In some cases, citations include factual mistakes or lack the supporting detail to justify the charge. The officer’s report may be inconsistent, or the state might fail to produce key evidence—such as dashcam footage, credible witnesses, or proof of intent.

Hiring a defense attorney allows you to respond strategically. Legal counsel can identify weaknesses in the case, negotiate for lesser charges, or advocate for dismissal. Whether your goal is to avoid a conviction or lessen the impact of a reckless driving charge, early legal action provides the best opportunity to protect your record.

Talk to a Colorado Traffic Attorney

If you have been charged with careless or reckless driving in Colorado, do not assume you have to accept the penalties without a fight. At The Law Offices of Susan Deschler, our knowledgeable traffic offense lawyer has over 24 years of experience. She can explain the charges you are facing, examine the evidence, and help you work towards the best possible outcome. Whether your goal is to protect your record, reduce the points on your license, or avoid criminal consequences, legal guidance can make all the difference in the resolution of your case. Reach out today to explore your options and protect your future.

How to Prove Self-Defense When Facing an Assault Charge

Posted on February 26, 2025April 17, 2025 by susandeschler

How to Prove Self-Defense When Facing an Assault Charge

You defended yourself from harm, and now you are facing an assault charge in Colorado. You are likely confused, frustrated, and overwhelmed, especially if you believe your actions were necessary. Can you be charged with assault if you were hit first? The short answer is yes, the prosecutor can still charge you with assault. However, that does not mean you do not have a strong legal defense.

Understanding how self-defense works under Colorado law can make the difference between a conviction and a dismissal. Here is what you need to know to protect your rights and take action toward clearing your name.

What to Know About Self-Defense

In Colorado, self-defense is recognized as a legal justification for using physical force when necessary to protect yourself or others from immediate harm. You are justified or lawful in using physical force if:

You reasonably believe that such force is needed to protect against the imminent use of unlawful physical force,
The response and amount of force used are proportionate to the threat presented, and
You were in a place where you had a legal right to be (Colorado has no legal duty to retreat).

These three elements—reasonable belief, imminence, and proportionality—form the foundation of a successful self-defense claim.

Steps to Take If You Are Facing Assault Charges

If you believe you acted in self-defense, take these steps immediately:

Contact an experienced attorney. Work with a criminal defense attorney who understands the nuances of Colorado’s self-defense and assault laws. It is best if the lawyer you choose has significant experience and a good track record in this area.
Write everything down. Document your recollection of events, including who initiated the conflict, the timing, and who witnessed it.
Preserve evidence. Keep anything that could support your claim, including damaged clothing, photos of injuries, video footage, or objects involved.
Identify witnesses. Get the names and contact information of anyone who saw what happened.
Say less, not more. Avoid discussing the incident with others or on social media. Even casual comments can be used against you.

These actions strengthen your credibility and help your attorney build a solid defense.

Colorado Assault Charges

Colorado divides assault into three degrees, each with escalating severity:

First-degree assault—when someone intentionally causes serious bodily injury using a deadly weapon;
Second-degree assault—involves intentionally or recklessly causing bodily harm and often includes cases where the victim is a protected individual, such as a law enforcement officer; and
Third-degree assault—when a person knowingly or recklessly causes bodily injury to another or negligently causes injury with a deadly weapon.

Each assault charge, regardless of severity, can lead to jail time, fines, and a permanent criminal record. However, self-defense may apply if the force used was reasonable and necessary under the circumstances.

Can You Be Charged with Assault If You Were Hit First?

Yes, you absolutely can. Law enforcement may still arrest and charge you if they believe your response went beyond what was necessary or if witness accounts conflict. The initial act of being struck does not automatically excuse your use of force.

The complexities of Colorado’s legal standards make it necessary to work with a knowledgeable self-defense attorney.

How to Prove Self-Defense

Asserting self-defense means that you are not contesting the fact that you made contact with the other person. You are stating that you were justified. To prove your actions were legally justified, your attorney will focus on demonstrating key facts. These may include:

Witness testimony. Neutral observers can confirm who started the altercation and how it unfolded.
Physical evidence. Damaged clothing, bruises, or injuries from defending yourself may help explain your actions.
Video footage. Security cameras or mobile phone videos can clearly show how the confrontation unfolded.
Expert testimony. Medical professionals or use-of-force experts can explain why your actions were reasonable under the circumstances.

Using this affirmative defense means that your lawyer must present such evidence to establish that your actions were necessary and lawful. The prosecutor must refute the claims of justification and prove that you are guilty beyond a reasonable doubt.

Can You Be Charged with Assault for Defending Yourself?

Yes, and it happens more often than you might expect. When facts are unclear, police may choose to arrest both parties, assuming that further investigation is needed. Legal representation is crucial in such cases, even if you did not start the fight.

What Happens If Both People Claim Self-Defense?

In these cases, the outcome often depends on witness testimony, video evidence, and the credibility of each version of events.

What Can Impact Your Self-Defense Claim

Certain factors can weaken or invalidate self-defense claims, including:

You were the initial aggressor. If you started the altercation, self-defense may not apply unless you clearly withdrew and the other person continued the attack.
You engaged in mutual combat. If you willingly agreed to fight or escalate the situation, your claim may not be considered valid.
You used deadly force unnecessarily. Lethal force is only allowed when you reasonably believe you are facing death or serious bodily harm.

Understanding how these factors affect your self-defense claim is key to building a viable legal defense.

Understanding Colorado’s “Make My Day” Law

Under the state’s “Make My Day” law, you may use deadly force against an intruder who unlawfully enters your home or occupied vehicle if you reasonably believe they intend to commit a crime and use any level of physical force. However, this law has some limitations:

The law applies only inside your dwelling,
It does not apply in public places or businesses, and
You must reasonably believe that force is necessary to prevent a crime.

Additionally, the law does not protect against the use of deadly force if the intruder is a law enforcement officer performing their duties.

Attorney Susan Deschler Can Help

With over 20 years of courtroom and prosecutorial experience, Attorney Susan Deschler brings valuable insight to every case she handles. As a former Deputy District Attorney and Court Commissioner, she knows how Colorado prosecutors build assault cases and how to dismantle them. Clients rely on our firm because:

You will work directly with Susan, not be passed off to junior staff;
She brings a full-circle view of the criminal justice system;
Her defenses are strategic, thorough, and based on real-life experience; and
She understands the emotional weight of facing criminal charges for trying to protect yourself.

Attorney Susan Deschler has helped countless clients clarify their stories and push back against unfair or overreaching assault charges. Contact us today to discuss your case in a confidential, judgment-free consultation.

Resources:

First-degree assault. C.R.S. § 18-3-202, link.
Second-degree assault. C.R.S. § 18-3-203, link.

Misdemeanor Traffic Charges Defined

Posted on February 26, 2025April 17, 2025 by susandeschler

Misdemeanor Traffic Charges Defined

Seeing flashing lights in your rearview mirror is stressful enough—but when the officer mentions the word “misdemeanor,” confusion and worry may set in. You might immediately wonder, Is speeding a misdemeanor? Or perhaps you are trying to grasp exactly how serious your ticket is. Understanding the potential consequences of misdemeanor traffic charges in Colorado is essential to protecting your driving record, financial stability, and future.

Below, we define misdemeanor traffic offenses, distinguish them from other violations, and outline their penalties.

Traffic Infractions, Misdemeanors, and Felonies—What Is the Difference?

In Colorado, traffic offenses are grouped into civil infractions, criminal traffic misdemeanors, and criminal felony offenses. Each classification carries different consequences and penalties.

Traffic Infractions

Traffic infractions are civil matters—as opposed to criminal—and include violations like minor speeding or failure to use a turn signal. These offenses do not carry jail time and typically result in fines, court costs, and potential points assessed against your driver’s license.

Misdemeanor Traffic Offenses

Traffic misdemeanors are criminal offenses. They are further categorized into class 1 and class 2 misdemeanors, with class 1 being more serious. Penalties may include jail time—up to 10 days for class 2 and up to 12 months for class 1—along with fines ranging from $150 to $1,000. These charges also create a permanent criminal record unless sealed.

Traffic Felonies

Felony traffic offenses involve the most severe conduct that often involves serious injury or death. Examples include vehicular homicide or aggravated vehicular assault. Felonies may lead to extended prison sentences, substantial fines, probation, and lifelong collateral consequences.

Knowing how your charge is classified helps you better understand what is at stake.

Is Speeding a Misdemeanor in Colorado?

Have you ever wondered if that speeding ticket could land you in serious trouble? In Colorado, speeding is usually considered a civil traffic violation, not a misdemeanor. However, there are situations where speeding can be charged as a misdemeanor. These include driving excessively over the speed limit, typically 25 mph or more over, and participating in speed contests or street racing.

What Traffic Violations Are Misdemeanors?

Common misdemeanor traffic charges in Colorado include:

Reckless driving. Reckless driving involves operating a vehicle with willful disregard for the safety of others. This charge potentially leads to heavy fines, jail time up to 90 days, and 8 points on your driver’s license.
Careless driving. Operating a vehicle negligently and without adequate caution, especially when that act results in injury or property damage, can be a misdemeanor offense. As with all misdemeanors, it is punishable by jail and fines.
Driving under restraint. Operating a vehicle while your license is suspended or revoked is a misdemeanor offense with mandatory jail time for repeat offenses.
Hit-and-run. Leaving the scene of an accident involving property damage or minor injuries is typically charged as a misdemeanor.

These violations significantly impact your criminal record, insurance rates, and driving privileges. Consulting with an experienced traffic attorney can help mitigate these consequences.

Traffic Misdemeanor vs. Criminal Misdemeanor: Is There a Difference?

The distinction between traffic misdemeanors and criminal misdemeanors can be confusing. Legally, traffic misdemeanors fall under the category of criminal misdemeanors, more specifically:

Traffic misdemeanors are criminal violations that include operating a vehicle unlawfully. Traffic courts usually handle them, and punishments are different from misdemeanors that involve harm to people or property.
Criminal misdemeanors such as theft, violence, and harassment typically result in less than a year in jail, fines, and more severe consequences than traffic violations.

Both can lead to jail time, probation, fines, and permanent criminal records.

Potential Consequences of Misdemeanor Traffic Convictions

You may face consequences beyond immediate fines and points if convicted of a misdemeanor traffic charge. These penalties include:

Fines and court costs. These costs and fees may range from hundreds to thousands of dollars.
Jail time. You could face jail sentences ranging from days to several months for certain misdemeanor traffic offenses.
Points against your license. Points on your license can accumulate, potentially leading to license suspension.
Increased insurance premiums. Your auto insurance rates could significantly rise after pleading guilty to traffic offenses.
Permanent criminal record. Misdemeanor convictions appear on background checks, potentially impacting employment, housing, or education opportunities.

Knowing these consequences makes it clear why proactive legal action matters.

How a Traffic Attorney Can Help

Handling misdemeanor traffic charges on your own may seem appealing. You might rationalize that it will save money, but it could ultimately cost you much more in the long run. Here is how an experienced Colorado traffic attorney can be your advocate:

Negotiating plea agreements. Lawyers use weaknesses in the State’s case and your good previous record as leverage when negotiating with the prosecutor. We can often get misdemeanor charges reduced to lesser infractions, thereby allowing you to avoid a criminal record.
Challenging evidence. Attorneys understand how to identify weaknesses or procedural errors in police reports and evidence handling. They can use such errors to your advantage.
Presenting effective defenses. Lawyers can argue defenses such as emergencies, mistaken facts, or insufficient proof, depending on the circumstances.
Advocating for alternative sentencing. Sometimes, completing a defensive driving course, probation, or community service can substitute for harsher penalties like jail time.

Engaging professional legal assistance is not merely about immediate results; it is about safeguarding your future opportunities and peace of mind.

Knowledgeable Representation When You Need It Most

At The Law Offices of Susan Deschler, we are dedicated to offering you the focused attention and strong defense you need for your misdemeanor traffic charges. With over 20 years of experience, including roles as Deputy District Attorney and Court Commissioner, Attorney Deschler deeply understands the Colorado legal landscape. Her tailored approach has helped countless clients achieve positive outcomes, from dismissals to reductions, protecting their driving records and future opportunities.

Fight Your Traffic Misdemeanor Today

Protect your license, reputation, and record with compassionate, aggressive representation from Attorney Susan Deschler. You deserve more than just a ticket defense. You deserve someone dedicated to minimizing the lasting impact of these charges. Take control of your situation by scheduling your confidential consultation with us today.

FAQs

Can I Get My Misdemeanor Traffic Charges Expunged in Colorado?

Most traffic misdemeanor convictions remain permanently on your criminal record. However, sealing may be possible in limited circumstances, depending on specific details of your case.

Will a Misdemeanor Traffic Conviction Affect My Job Search?

Yes. Since misdemeanor convictions, including traffic offenses, typically appear on employment background checks, they may negatively impact job applications, especially if driving is required as part of your job duties.

Resources:

Model Traffic Code for Colorado. Colorado Department of Transportation, link.

Colorado Motor Vehicle Handbook. Colorado Legislature, link.

Can Traffic Violations Lead to Criminal Charges?

Posted on February 26, 2025April 17, 2025 by susandeschler

Can Traffic Violations Lead to Criminal Charges?

In Colorado, not all traffic violations are equal. Some result in a simple fine, while others may lead to arrest, prosecution, and jail time. The difference depends on how the law defines the conduct and the level of danger it creates for others on the road.

You may be wondering, Is a traffic violation a crime? The answer depends on the circumstances and how prosecutors file the charge. Colorado places violations into two categories: infractions and criminal traffic offenses. Infractions, such as minor speeding, are civil—not criminal—and typically lead to fines without the risk of jail. Criminal traffic offenses, however, are more serious. Charges like reckless driving, DUI, vehicular assault, or hit-and-run fall into this category and may be filed as misdemeanors or felonies.

When charged with one of these offenses, the penalties can stretch far beyond a standard ticket. A conviction can affect your record, suspend your license, and limit future opportunities. This article outlines how Colorado law approaches different traffic violations and when they rise to the level of a criminal charge.

What Is a Traffic Conviction?

A traffic conviction is the final outcome of a legal proceeding—not the ticket itself. When you receive a citation, the ticket represents a formal accusation, not a finding of guilt. A conviction only occurs after a guilty plea, a no-contest plea, or a guilty verdict at trial.

Convictions can carry different consequences depending on the offense. More serious charges—like DUI or vehicular assault—create a permanent criminal record and may lead to jail, fines, probation, and loss of driving privileges. Lesser convictions may not result in jail time, but can still add points to your license or raise your insurance rates.

The long-term impact of a conviction often depends on how the court categorizes the offense. Some convictions, even for traffic-related conduct, qualify as misdemeanors or felonies. Others may seem minor but still count toward habitual offender status if you have repeated charges. That is why reviewing the charge and the possible penalties before entering any plea is essential.

Is a Traffic Violation a Criminal Offense?

Not all traffic violations rise to the level of a criminal offense. In Colorado, minor violations—like failing to yield or forgetting to signal—are civil infractions. These do not carry jail time or appear on your criminal record. However, they may still result in fines, DMV points, and higher insurance premiums.

Criminal traffic offenses, by contrast, involve behavior that endangers others. Examples include reckless driving, hit-and-run incidents, and driving under restraint. These actions are treated as misdemeanors or felonies and prosecuted through the criminal court system. A conviction for one of these offenses may have more serious consequences than a simple fine.

Understanding where your charge falls on this spectrum helps you make wiser choices. The label—infraction or criminal offense—will shape both your legal options and the potential outcome of your case.

Common Traffic Offenses That Can Lead to Criminal Charges

Some traffic violations go beyond simple citations and trigger criminal prosecution. Colorado law treats these offenses seriously due to the threat to public safety they pose. If you are charged, you may face jail time, license suspension, and a permanent criminal record.

Reckless Driving

Reckless driving involves operating a vehicle with willful or wanton disregard for the safety of others or property. This is not a minor mistake—it is considered a Class 2 misdemeanor traffic offense. A conviction can lead to jail time, steep fines, and four points on your driving record. It may also increase your insurance premiums, trigger a license suspension for habitual offenders, and limit future opportunities that require a clean driving or criminal history. Courts tend to treat these cases seriously, especially when the conduct involves excessive speed, aggressive maneuvers, or endangers pedestrians and other drivers.

Driving Under the Influence (DUI)

Driving under the influence of alcohol, drugs, or a combination of both is a criminal offense in Colorado. Depending on whether it is a first offense, involves injury, or includes aggravating factors like a high blood alcohol content, DUI charges may be classified as misdemeanors or felonies. Penalties may include mandatory jail, license revocation, substance abuse treatment, and the installation of an ignition interlock device.

Hit and Run

Fleeing the scene of an accident without providing contact information or helping injured parties constitutes a hit-and-run offense. The severity of the charge depends on whether the incident caused property damage, injury, or death. Colorado prosecutors may pursue either misdemeanor or felony charges, and the consequences often include jail, fines, and a long-term license suspension.

Driving with a Suspended or Revoked License

Operating a vehicle in Colorado with a suspended or revoked license qualifies as a misdemeanor offense. Repeat violations or driving under restraint due to DUI-related crimes can result in mandatory jail time and extended periods of license ineligibility. This charge may also trigger habitual offender status if paired with other convictions.

Understanding which traffic offenses carry criminal penalties helps you assess the seriousness of your situation. While infractions may result in fines or points, criminal charges demand a different level of attention. If you face one of these offenses, you must respond quickly to protect your record, freedom, and driving privileges. An experienced Colorado traffic offense lawyer can help advise you on what is at stake and how to best defend against the allegations.

Protect Your Criminal Record

If you have been cited for a serious traffic offense, it may be more than just a ticket—it could be a criminal charge with lasting consequences. Jail time, license suspension, and a permanent mark on your record could all be on the line. At The Law Offices of Susan Deschler, we understand how much is at stake, and we are prepared to protect your rights at every step of the process. Contact us today to discuss your case and take the first step toward protecting your rights and your future. We take a strategic approach to every case we handle, customizing our representation to the specific facts of your case.

What Are the Penalties for Multiple Domestic Violence Convictions?

Posted on February 26, 2025April 17, 2025 by susandeschler

What Are the Penalties for Multiple Domestic Violence Convictions?

A single domestic violence conviction in Colorado can disrupt your life, but repeat offenses come with far more serious consequences. If you are facing your second or third charge, the penalties increase sharply—and prosecutors often pursue the case more aggressively. Understanding what is at stake can help you take the proper steps to protect your future.

What are the penalties for multiple domestic violence convictions? Under Colorado law, the courts treat repeat offenses as evidence of a pattern. A second conviction can lead to harsher sentencing terms, including longer probation, mandatory treatment, and stricter no-contact orders. A third conviction may result in a felony charge, even if the underlying offense would typically be a misdemeanor. If you already have one or more prior domestic violence cases on your record, the risks of another conviction go far beyond fines or a brief jail term.

How Colorado Defines a Domestic Violence Conviction

Before breaking down the penalties for multiple convictions, it helps to understand how Colorado defines domestic violence. The state does not treat domestic violence as a standalone crime. Instead, it acts as a sentencing enhancement added to another offense—usually assault, harassment, or criminal mischief—when the accused and the alleged victim share an intimate relationship. Qualifying relationships include current or former spouses, romantic partners, co-parents, or roommates.

Once prosecutors attach the domestic violence label, the court must consider additional consequences. These may include mandatory counseling, protective orders, and firearm restrictions—even for a first-time offense. Repeat violations escalate both the punishment and the legal classification of the charge.

What Counts As a Prior Conviction Under Colorado Law

Not every past arrest affects your current case, but prosecutors will look closely at your record. Colorado law allows the court to consider any prior conviction that included a domestic violence finding—even if the original charge was reduced as part of a plea deal. This means that a guilty plea to a related charge, like criminal mischief or harassment, may still count as a strike if it was linked to domestic violence.

You may be asking, Can prior convictions be used in court? The answer is, generally, no—prior convictions cannot be used as evidence to prove your guilt at trial. However, the prosecution can use them to question your credibility and seek sentencing enhancements based on prior convictions. When the prosecution establishes a pattern of abuse, the judge can impose enhanced sentencing or approve a felony charge under certain circumstances.

If more than one prior conviction exists, the district attorney may also push for the habitual domestic violence offender designation, which carries even steeper penalties.

Penalties for a First Conviction

The penalties for a first domestic violence conviction in Colorado typically include:

Up to 12 months in jail (for a class 1 misdemeanor offense),
A mandatory protection order,
Completion of a domestic violence treatment program,
Loss of firearm rights, and
Probation with close supervision.

Even one conviction can impact employment, housing applications, and custody rights. While some first-time cases qualify for deferred judgment or treatment-based alternatives, that leniency becomes far less likely after another arrest.

Consequences of Multiple Domestic Violence Charges

Facing multiple domestic violence charges triggers enhanced consequences. Colorado law allows courts to impose harsher sentencing with each subsequent conviction. These cases often involve mandatory jail time, more extended probation periods, and greater restrictions on personal freedom.

The penalties for a second or third conviction may include:

Extended jail or prison terms, even for misdemeanor offenses;
Increased fines;
Tighter probation conditions and electronic monitoring;
Lengthier no-contact orders;
More intensive domestic violence treatment; and
Risk of being charged as a habitual domestic violence offender

Judges also tend to show less flexibility once the accused has a documented history of similar offenses. Deferred sentencing or other alternatives may no longer be available. In many cases, repeat convictions entirely remove the option for pretrial diversion. For this reason, it is essential to take these allegations seriously from the moment you learn about them.

Habitual Domestic Violence Offender Status

Colorado law includes a provision that allows the prosecution to label someone a habitual domestic violence offender. This designation is not automatic; the district attorney must prove that you have at least three prior domestic violence convictions. If successful, this label allows the current misdemeanor charge to be elevated to a class 5 felony.

A class 5 felony carries serious consequences, including:

One to three years in state prison,
Two years of mandatory parole,
Felony records that may not be sealed,
Permanent loss of firearm rights, and
Barriers to employment and housing.

This enhancement significantly increases the stakes, especially for those facing a minor underlying charge like harassment or criminal mischief. Without effective legal counsel, a fourth arrest could result in a felony record and state prison time. However, an arrest is not the same thing as a conviction, and an experienced attorney can help you develop a compelling defense.

Collateral Consequences Beyond Sentencing

The impact of a domestic violence conviction extends well beyond the courtroom. Employers often conduct background checks and may terminate or refuse to hire individuals with repeat domestic violence charges. A second or third conviction can also interfere with child custody arrangements or lead to supervised visitation.

Federal law prohibits individuals with domestic violence convictions from owning or possessing firearms. In Colorado, these restrictions are enforced strictly. If you face repeat charges, the court may impose extended protection orders that limit contact with family members or restrict your ability to live in shared residences. Even when jail is not part of the sentence, the long-term effects can be lasting and profoundly disruptive to your life.

Are You Facing Repeat Domestic Violence Charges? Do Not Wait to Protect Yourself

When you are dealing with a second, third, or even fourth domestic violence charge in Colorado, the consequences escalate quickly—as does the prosecution’s determination to secure a conviction. At The Law Offices of Susan Deschler, we provide an aggressive, detail-focused defense for individuals facing enhanced penalties and habitual-offender status. A felony record, prison time, and lasting restrictions are not inevitable. Call today to discuss your options and take immediate steps to defend your future.