Charges and sentences
Felony and misdemeanor classes in Colorado
Colorado grades felonies in six classes (class 1 is the most serious) plus four drug felony levels. For offenses committed on or after March 1, 2022, misdemeanors are class 1 or class 2, and lesser offenses are petty offenses or civil infractions. Drug misdemeanors have their own two levels.1
Checked October 29, 2026 against Colorado's own statutes, then by a second reader. General information, not legal advice.
- What makes it a felony
- Colorado's criminal code puts every offense into a category. Felonies are the six numbered felony classes and the four drug felony levels. The other categories are misdemeanors, petty offenses and civil infractions.1
- Felony theft starts at
- $2,000How theft is graded
- When impaired driving is a felony
- A DUI, DUI per se or DWAI is a misdemeanor, but it is a class 4 felony if it comes after three or more prior convictions, from separate incidents, for DUI, DUI per se, DWAI, DUI vehicular homicide or DUI vehicular assault. In practice that makes a fourth offense a felony.2
Felony classes in Colorado
From most to least serious: Class 1, Class 2, Class 3, Class 4, Class 5, Class 6, Level 1 drug (DF1), Level 2 drug (DF2), Level 3 drug (DF3), Level 4 drug (DF4). The sentence is the range the law allows; the judge picks within it.
| Class | Prison | Fine | The law |
|---|---|---|---|
| Class 1 felony | LifeRange for offenses committed on or after July 1, 2020. The fine table says "No fine" for class 1. | None set | Colo. Rev. Stat. § 18-1.3-401(1)(a)(V.5)4 |
| Class 2 felony | 8 to 24 yearsPresumptive range for offenses committed on or after July 1, 2020. | $5,000 to $1,000,000 | Colo. Rev. Stat. § 18-1.3-401(1)(a)(V.5), (1)(a)(III)4 |
| Class 3 felony | 4 to 12 yearsPresumptive range for offenses committed on or after July 1, 2020. | $3,000 to $750,000 | Colo. Rev. Stat. § 18-1.3-401(1)(a)(V.5), (1)(a)(III)4 |
| Class 4 felony | 2 to 6 yearsPresumptive range for offenses committed on or after July 1, 2020. | $2,000 to $500,000 | Colo. Rev. Stat. § 18-1.3-401(1)(a)(V.5), (1)(a)(III)4 |
| Class 5 felony | 1 to 3 yearsPresumptive range for offenses committed on or after July 1, 2020. | $1,000 to $100,000 | Colo. Rev. Stat. § 18-1.3-401(1)(a)(V.5), (1)(a)(III)4 |
| Class 6 felony | 1 year to 18 monthsPresumptive range for offenses committed on or after July 1, 2020. | $1,000 to $100,000 | Colo. Rev. Stat. § 18-1.3-401(1)(a)(V.5), (1)(a)(III)4 |
| Level 1 drug felony (DF1) | 8 to 32 yearsPresumptive range for drug felonies committed on or after Oct. 1, 2013. The statute also lists a higher aggravated range for levels 2 to 4. | $5,000 to $1,000,000 | Colo. Rev. Stat. § 18-1.3-401.5(2)7 |
| Level 2 drug felony (DF2) | 4 to 8 yearsPresumptive range. The aggravated range is 8 to 16 years. | $3,000 to $750,000 | Colo. Rev. Stat. § 18-1.3-401.5(2)7 |
| Level 3 drug felony (DF3) | 2 to 4 yearsPresumptive range. The aggravated range is 4 to 6 years. | $2,000 to $500,000 | Colo. Rev. Stat. § 18-1.3-401.5(2)7 |
| Level 4 drug felony (DF4) | 6 months to 1 yearPresumptive range. The aggravated range is 1 to 2 years. | $1,000 to $100,000 | Colo. Rev. Stat. § 18-1.3-401.5(2)7 |
Misdemeanor classes in Colorado
| Class | Jail | Fine | The law |
|---|---|---|---|
| Class 1 misdemeanor | Up to 364 daysFor offenses committed on or after March 1, 2022. The sentence can be jail, a fine or both. | Up to $1,000 | Colo. Rev. Stat. § 18-1.3-501(1)(a.5)3 |
| Class 2 misdemeanor | Up to 120 daysFor offenses committed on or after March 1, 2022. The sentence can be jail, a fine or both. | Up to $750 | Colo. Rev. Stat. § 18-1.3-501(1)(a.5)3 |
| Level 1 drug misdemeanor (DM1) | 6 to 18 monthsFor drug misdemeanors committed on or after Oct. 1, 2013. Different options apply to certain drug possession offenses under § 18-1.3-501(1)(d.5). | $500 to $5,000 | Colo. Rev. Stat. § 18-1.3-501(1)(d)3 |
| Level 2 drug misdemeanor (DM2) | Up to 364 daysFor drug misdemeanors committed on or after Oct. 1, 2013. Different options apply to certain drug possession offenses under § 18-1.3-501(1)(d.5). | $50 to $750 | Colo. Rev. Stat. § 18-1.3-501(1)(d)8 |
Below a misdemeanor
| Class | Penalty | The law |
|---|---|---|
| Petty offense | Fine of up to $300, up to 10 days in county jail, or bothFor offenses committed on or after March 1, 2022. | Colo. Rev. Stat. § 18-1.3-503(1.5)9 |
| Civil infraction | Fine of up to $100 unless another statute says otherwiseA civil infraction is a civil matter. For offenses committed on or after March 1, 2022. | Colo. Rev. Stat. § 18-1.3-503(1.6)9 |
Good to know
Colorado changed its misdemeanor system for offenses committed on or after March 1, 2022. Before that date there were three misdemeanor classes: class 1 (6 to 18 months), class 2 (3 months to 364 days) and class 3 (up to 6 months). Petty offenses were class 1 (up to 6 months) or class 2 (fine only).3
The felony ranges above apply to offenses committed on or after July 1, 2020. Older offenses are sentenced under earlier tables in the same section, and some of those list death as the class 1 maximum.4
A misdemeanor or petty offense written without a class is punished as its own statute says. If a misdemeanor has no penalty at all, the limit is 364 days in county jail, a fine of up to $1,000, or both.5
When theft is a felony in Colorado
In Colorado, theft of property worth $2,000 or more is a felony. It is a class 6 felony from $2,000 to under $5,000, and the class rises with the value, up to a class 2 felony at $1 million or more. Below $2,000 it is a misdemeanor or petty offense. Taking property from another person without force or threat is a class 5 felony at any value, and since June 2, 2025, theft of a firearm is a class 6 felony at any value.6
Colo. Rev. Stat. § 18-4-401(2), (5); HB25-1062 (2025) · Felony theft amounts in every state
Impaired driving in Colorado
Colorado's statute names three offenses: driving under the influence (DUI), DUI per se, and driving while ability impaired (DWAI).
- Repeat offenses
- A DUI, DUI per se or DWAI is a misdemeanor, but it is a class 4 felony if it comes after three or more prior convictions, from separate incidents, for DUI, DUI per se, DWAI, DUI vehicular homicide or DUI vehicular assault. In practice that makes a fourth offense a felony.
- Which past offenses count
- The statute sets no time limit. Prior convictions from Colorado, other states and federal courts all count.
- Other felony versions
- Vehicular homicide while under the influence is a class 3 felony (class 4 if the driver's ability was impaired), and vehicular assault while under the influence is a class 4 felony (class 5 if the driver's ability was impaired) (Colo. Rev. Stat. §§ 18-3-106, 18-3-205).
Colo. Rev. Stat. §§ 42-4-1301(1), (2)(a), 18-3-106(1)(b), (1)(c), 18-3-205(1)(b), (1)(c)2 · Felony DUI rules in every state
After a conviction
Common questions
What is a felony in Colorado?
Colorado's criminal code puts every offense into a category. Felonies are the six numbered felony classes and the four drug felony levels. The other categories are misdemeanors, petty offenses and civil infractions.
What is a Class 1 felony in Colorado?
In Colorado, the prison range for a Class 1 felony is life. Range for offenses committed on or after July 1, 2020. The fine table says "No fine" for class 1.
What is a Class 2 felony in Colorado?
In Colorado, the prison range for a Class 2 felony is 8 to 24 years, and the fine is $5,000 to $1,000,000. Presumptive range for offenses committed on or after July 1, 2020.
What is a Class 3 felony in Colorado?
In Colorado, the prison range for a Class 3 felony is 4 to 12 years, and the fine is $3,000 to $750,000. Presumptive range for offenses committed on or after July 1, 2020.
What is a Class 4 felony in Colorado?
In Colorado, the prison range for a Class 4 felony is 2 to 6 years, and the fine is $2,000 to $500,000. Presumptive range for offenses committed on or after July 1, 2020.
What is a Class 5 felony in Colorado?
In Colorado, the prison range for a Class 5 felony is 1 to 3 years, and the fine is $1,000 to $100,000. Presumptive range for offenses committed on or after July 1, 2020.
What is a Class 6 felony in Colorado?
In Colorado, the prison range for a Class 6 felony is 1 year to 18 months, and the fine is $1,000 to $100,000. Presumptive range for offenses committed on or after July 1, 2020.
What is a Level 1 drug felony (DF1) in Colorado?
In Colorado, the prison range for a Level 1 drug felony (DF1) is 8 to 32 years, and the fine is $5,000 to $1,000,000. Presumptive range for drug felonies committed on or after Oct. 1, 2013. The statute also lists a higher aggravated range for levels 2 to 4.
What is a Level 2 drug felony (DF2) in Colorado?
In Colorado, the prison range for a Level 2 drug felony (DF2) is 4 to 8 years, and the fine is $3,000 to $750,000. Presumptive range. The aggravated range is 8 to 16 years.
What is a Level 3 drug felony (DF3) in Colorado?
In Colorado, the prison range for a Level 3 drug felony (DF3) is 2 to 4 years, and the fine is $2,000 to $500,000. Presumptive range. The aggravated range is 4 to 6 years.
What is a Level 4 drug felony (DF4) in Colorado?
In Colorado, the prison range for a Level 4 drug felony (DF4) is 6 months to 1 year, and the fine is $1,000 to $100,000. Presumptive range. The aggravated range is 1 to 2 years.
What is a Class 1 misdemeanor in Colorado?
In Colorado, the jail range for a Class 1 misdemeanor is up to 364 days, and the fine is up to $1,000. For offenses committed on or after March 1, 2022. The sentence can be jail, a fine or both.
These are the general ranges in Colorado's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.
Spot something out of date? Tell us at contact@secondchanceindex.com.
Cite this page
Second Chance Index, "Felony and misdemeanor classes in Colorado" https://secondchanceindex.com/felony-classes/colorado, checked October 29, 2026.
Sources
Each source was opened and checked on October 29, 2026.
- Colo. Rev. Stat. § 18-1-104(2)
- Colo. Rev. Stat. §§ 42-4-1301(1), (2)(a), 18-3-106(1)(b), (1)(c), 18-3-205(1)(b), (1)(c)
- Colo. Rev. Stat. §§ 18-1.3-501(1)(a), 18-1.3-503(1)
- Colo. Rev. Stat. § 18-1.3-401(1)(a)
- Colo. Rev. Stat. §§ 18-1.3-504(1), 18-1.3-505(1)
- Colo. Rev. Stat. § 18-4-401(2), (5); HB25-1062 (2025)
- C.R.S. § 18-1.3-401.5 (Drug felonies classified)FindLaw (Colorado Revised Statutes)
- C.R.S. § 18-1.3-503 (Petty offenses and civil infractions)FindLaw (Colorado Revised Statutes)
- C.R.S. § 18-3-106 (Vehicular homicide)FindLaw (Colorado Revised Statutes)
- C.R.S. § 18-3-205 (Vehicular assault)FindLaw (Colorado Revised Statutes)
- Colorado Revised Statutes 2024, Title 18 (Criminal Code)Colorado General Assembly, Office of Legislative Legal Services
- Colorado Revised Statutes 2024, Title 42 (Vehicles and Traffic)Colorado General Assembly, Office of Legislative Legal Services
- HB25-1062, Penalty for Theft of Firearms (signed June 2, 2025; Session Laws 2025, ch. 360)Colorado General Assembly