Sentencing in the Presumptive Range (18-1.3-401)

Misdemeanors are those charges where punishment cannot be greater than a sentence to the County Jail, as distinguished from felonies, which MAY carry potential prison (Colorado Department of Corrections) sentences.


There are three classes of misdemeanor with the following potential penalties:

Class 1 - Six months to eighteen months county jail imprisonment, or five hundred to one thousand dollars fine, or both, except that crimes designated as extraordinary risk carry up to twenty-four months imprisonment in the county jail;

Class 2 - Three to twelve months imprisonment, or two hundred fifty to one thousand dollars fine, or both

Class 3 -Six months imprisonment, or fifty to seven hundred fifty dollars fine, or both


There a six class of felonies classified, with the following presumptive penalties:

Class 1 - Life imprisonment or death
Class 2 - Eight to twenty-four year imprisonment and five years parole
Class 3 - Four to twelve years imprisonment and five years parole
Class 4 - Two to six years imprisonment and three years parole
Class 5 - One to three years imprisonment and two years parole
Class 6 - One year to eighteen months imprisonment and one year parole.

There are many circumstances under which an individual convicted of a felony may be sentenced to terms that exceed the above-noted presumptive ranges, and/or is ineligible for probation or otherwise subject to mandatory and enhanced sentencing.

back to top
Please take a moment to review our disclaimer page.

Garlin Driscoll, LLC

245 Century Circle, Suite 101
Louisville, Colorado 80027
p 303.926.4222
f 303.926.4224