COLORADO CRIMINAL DEFENSE
Misdemeanor criminal defense
in Colorado Springs.
Experienced criminal counsel for clients in El Paso and Teller Counties and throughout Colorado.
UNDERSTANDING THE CHARGE
What is a misdemeanor?
Misdemeanors are criminal offenses classified as less serious than felonies under Colorado law. A conviction can still result in county jail, fines, probation, and a criminal record. The classification and possible penalties depend on the particular offense. State misdemeanor cases are generally handled in county court.
The exact charge, applicable law, and facts of your case matter. Bring your court paperwork and any upcoming court dates to your consultation.
Explore common misdemeanor cases
COMMON MISDEMEANOR CASES
Domestic Violence.
Domestic violence allegations can affect your freedom, your home, and contact with your family.
In Colorado, domestic violence generally describes the circumstances of an underlying crime rather than a separate standalone charge. Under C.R.S. § 18-6-800.3, it includes violence or threatened violence involving an intimate relationship, and other crimes used to coerce, control, punish, intimidate, or seek revenge against an intimate partner.
A domestic violence finding can add treatment requirements under C.R.S. § 18-6-801. Protection orders and firearm restrictions may also have immediate and lasting consequences. James examines the underlying offense, relationship evidence, witness accounts, and any available defenses.
Firearm rights and military service
A qualifying misdemeanor domestic violence conviction triggers a federal prohibition on possessing firearms and ammunition under 18 U.S.C. § 922(g)(9), and that prohibition can last for life. A serious injury or violent beating is not required; offenses involving minor physical contact can qualify. However, a Colorado domestic violence designation alone does not automatically trigger this federal ban—the underlying offense and relationship must meet the federal definition. Limited exceptions and legally effective relief exist, including a five-year rule for certain single dating-partner convictions.
A qualifying conviction can also bar enlistment or reenlistment and often leads to separation from military service. For example, Army policy prohibits enlistment with a qualifying conviction and restricts firearm duties; existing service members can face discharge. The consequences depend on the applicable service rules and the conviction. James examines these issues before advising you about a plea or other resolution.
Sources: ATF: qualifying domestic violence convictions and U.S. Army: domestic violence impacts.
Third Degree Assault
Third degree assault generally involves knowingly or recklessly causing bodily injury to another person, or causing bodily injury with criminal negligence through a deadly weapon. The statute also covers certain conduct involving bodily fluids or hazardous material directed at specified emergency personnel. It is a Class 1 misdemeanor.
Statute: C.R.S. § 18-3-204.
Examining the allegations
James examines the claimed injury, the required mental state, the sequence of events, and whether self-defense or another defense applies. Medical records, recordings, and witness accounts can be critical.
Sentencing options for a Class 1 misdemeanor
- County Jail: Up to 364 days under the ordinary current range.
- Probation: When available, with court-ordered conditions that may include treatment, community service, or jail.
Harassment
Harassment requires an intent to harass, annoy, or alarm and one of the acts specified in the statute. These include certain physical contact, following, threatening or obscene communications, and repeated calls or communications. The particular subsection determines whether the offense is a Class 1 misdemeanor, Class 2 misdemeanor, or petty offense.
Statute: C.R.S. § 18-9-111.
Examining the allegations
The exact words or conduct, context, intent, and constitutional limits on speech matter. James reviews the full communications and surrounding circumstances rather than relying on isolated excerpts.
Sentencing depends on the charged subsection
- Class 1 misdemeanor: Ordinarily up to 364 days in county jail.
- Class 2 misdemeanor: Ordinarily up to 120 days in county jail.
- Probation: When available, with conditions tailored to the case.
Violation of a Protection Order
After service of an order or actual knowledge of its contents from the court or law enforcement, prohibited contact, entry, proximity, or other conduct listed in the statute can lead to a criminal charge. A protected person’s invitation does not itself change the court’s order.
Statute: C.R.S. § 18-6-803.5.
Examining the allegations
James examines the order’s precise terms, notice, the alleged conduct, and the evidence identifying who made contact. Only the court can modify its order.
Sentencing for a protection-order violation
- County Jail: Ordinarily up to 120 days for a Class 2 misdemeanor or 364 days for a Class 1 misdemeanor.
- Probation: When available, with conditions that may include treatment or jail.
COMMON MISDEMEANOR CASES
DUI.
Alcohol and drug-related driving allegations require careful scrutiny of the stop, observations, and testing.
James reviews the reason for the traffic stop, the officer’s account, recordings, roadside testing, and the reliability and handling of chemical tests. Criminal proceedings and driver-license proceedings are separate; deadlines in the license case can require prompt attention.
Driving Under the Influence
DUI involves alcohol, drugs, or both affecting a person enough to make them substantially incapable of safely operating a vehicle through clear judgment, sufficient physical control, or due care. DUI per se is a separate charge based on the statutory blood-alcohol threshold.
Definition: C.R.S. § 42-4-1301.
Typical first-offense sentencing
- County Jail: 5 days–1 year. The statute permits suspension of the minimum in specified circumstances involving evaluation and treatment.
- Probation and treatment: Court-ordered supervision, alcohol or drug evaluation, and required programs may apply.
- Useful public service: 48–96 hours.
High alcohol levels and prior convictions change the rules. Three or more qualifying prior convictions can make DUI or DWAI a Class 4 felony. Fines and separate license consequences may also apply. C.R.S. §§ 42-4-1301 and 42-4-1307.
Driving While Ability Impaired
DWAI involves alcohol, drugs, or both affecting a person to the slightest degree so that they are less able than usual to exercise clear judgment, sufficient physical control, or due care in safely operating a vehicle. It is a lower impairment threshold than DUI.
Definition: C.R.S. § 42-4-1301.
Typical first-offense sentencing
- County Jail: 2–180 days. The statute permits suspension of the minimum in specified circumstances involving evaluation and treatment.
- Probation and treatment: Court-ordered supervision, alcohol or drug evaluation, and required programs may apply.
- Useful public service: 24–48 hours.
High alcohol levels and prior convictions change the rules. Three or more qualifying prior convictions can make DUI or DWAI a Class 4 felony. Fines and separate license consequences may also apply. C.R.S. §§ 42-4-1301 and 42-4-1307.
COMMON MISDEMEANOR CASES
Animal Cruelty.
Animal cruelty cases depend on the animal’s condition, the circumstances of its care, and the required mental state.
Animal Cruelty
The statute covers specified mistreatment, neglect, abandonment, and failure to provide proper food, water, or protection from weather consistent with the animal’s species, breed, and type. Depending on the conduct, the prosecution must establish knowing, reckless, or criminally negligent behavior. Basic cruelty is generally a Class 1 misdemeanor; aggravated cruelty and certain repeat offenses are felonies.
Statute: C.R.S. § 18-9-202.
Examining the allegations
James examines veterinary findings, care records, living conditions, witness accounts, and what the accused knew or should have understood. The charge’s exact elements and the distinction between alleged neglect and a felony offense matter.
Sentencing for misdemeanor animal cruelty
- County Jail: Ordinarily up to 364 days for a Class 1 misdemeanor.
- Probation and evaluation: A presentence evaluation is required; treatment and other conditions may apply.
- Animal-related orders: Restrictions on owning or caring for animals and other statutory orders may apply.
The statute includes a $500 mandatory minimum fine, with additional requirements for repeat offenses. Aggravated or repeat felony charges carry different penalties.
COMMON MISDEMEANOR CASES
Reckless & Careless Driving.
The difference between careless driving and reckless driving matters to your defense.
James examines recordings, witness accounts, road conditions, collision evidence, and the officer’s observations to determine whether the state can prove the conduct and mental state alleged. A crash alone does not automatically establish every element of either offense.
Reckless Driving
Under C.R.S. § 42-4-1401, reckless driving involves driving with wanton or willful disregard for the safety of people or property. It is a Class 2 misdemeanor traffic offense, with a separate penalty provision for repeat convictions.
Sentencing for reckless driving
- County Jail: The ordinary first-offense range, when jail is imposed, is 10–90 days. A second or subsequent conviction carries 10 days–6 months if incarceration is imposed.
- Probation: When available, with court-ordered conditions.
- Other consequences: Fines, restitution, community service, and driver-license points may apply.
Careless Driving
Under C.R.S. § 42-4-1402, careless driving means driving carelessly and imprudently without due regard for road characteristics, traffic, and other surrounding circumstances. It is ordinarily a Class 2 misdemeanor traffic offense. If the conduct proximately causes bodily injury, serious bodily injury, or death, it is a Class 1 misdemeanor traffic offense.
Sentencing for careless driving
- County Jail: When jail is imposed, ordinarily 10–90 days for a Class 2 misdemeanor traffic offense or 10 days–1 year for a Class 1 misdemeanor traffic offense.
- Probation: When available, with conditions appropriate to the case.
- Other consequences: Fines, restitution, community service, and driver-license consequences may apply. Injury or death can trigger additional statutory requirements.
Traffic misdemeanor penalties: C.R.S. § 42-4-1701. These traffic classifications use different sentencing ranges from ordinary Class 1 and Class 2 misdemeanors.
Discuss your driving caseExperience that informs
your defense.
James has experience prosecuting and defending misdemeanor cases. He brings the same attention to the allegations, evidence, and available defenses that he applies to his felony practice.
A former deputy district attorney, James served in the Fourth Judicial District Attorney’s Office from 2009 to 2013, prosecuting misdemeanor and felony cases in El Paso and Teller Counties. He entered private practice in 2013 and has been specializing in criminal law since 2010.
James offers payment plans and financing. Schedule a consultation to discuss representation and the options for your case.
Talk with James about your caseLearn more about Colorado’s courts. This overview is general information; the classification and consequences of a particular charge depend on the applicable law.