For any misdemeanor offense that occurs after March 1, 2022, the law indicates the following sentence:
- For a class 1 misdemeanor, the maximum penalty is 364 days in jail, a fine not to exceed $1,000, or both;
- For a class 2 misdemeanor, the maximum penalty is 120 days in jail, a fine not to exceed $750, or both.
This represents a major change to sentencing in misdemeanor cases. For offenses that occurred before March 1, 2022, there is a mandatory minimum sentence for misdemeanors. The state legislature has eliminated the mandatory minimum sentence in misdemeanor cases.
This is a benefit to both defendants and the criminal justice system. It allows the defense attorney to negotiate with the district attorney to reach a just outcome and permits the judge to have more discretion in sentencing misdemeanor violations.
You can read the full sentencing statute by looking up Colorado Revised Statute 18-1.3-501.
Padilla Law is accepting misdemeanor cases in Cortez, Durango, and Pagosa Springs, Colorado.