WHAT IS A MISDEMEANOR?

Misdemeanors are less-serious crimes than felonies; they rank below felonies in terms of seriousness, but they are more serious than petty offenses (see chart below). Misdemeanors are usually punished by fines or jail time for less than a year. Generally, jail sentences for misdemeanor convictions are served in county or city jails. Misdemeanors can be charged together with and served concurrently with felony convictions in the Department of Corrections (DOC).

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MISDEMEANOR SENTENCING GUIDELINES FOR MISDEMEANORS

***Extraordinary risk crimes include the following:

(b) Misdemeanors that present an extraordinary risk of harm to society shall include the following:

(I) Assault in the third degree, as defined in section 18-3-204 ;

(I.5)(A) Sexual assault, as defined in section 18-3-402 ; or

(B) Sexual assault in the second degree, as defined in section 18-3-403 , as it existed prior to July 1, 2000;

(II)(A) Unlawful sexual contact, as defined in section 18-3-404 ; or

(B) Sexual assault in the third degree, as defined in section 18-3-404 , as it existed prior to July 1, 2000;

(III) Child abuse, as defined in section 18-6-401(7)(a)(V) ;

(IV) Second and all subsequent violations of a protection order as defined in section 18-6-803.5(1.5)(a.5) ;

(V) Misdemeanor failure to register as a sex offender, as described in section 18-3-412.5 ;

(VI) Misdemeanor invasion of privacy for sexual gratification, as described in section 18-3-405.6 ; and

(VII) False reporting of an emergency, as described in section 18-8-111 .

DRUG MISDEMEANORS (18-1.3-501)

Level

Minimum Sentence

Maximum Sentence

DM1 6 MONTHS/$500 FINE OR BOTH 18 MONTHS/$5000 FINE OR BOTH

DM2 $50 364 DAYS/$750 OR BOTH

PETTY OFFENSES

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