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Fort Collins Criminal Defense Lawyer
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Fort Collins Criminal Defense Lawyer
A criminal charge can upend your life in hours. Whether you were arrested late last night or received a summons in the mail, the decisions you make in the hours and days that follow will shape your future. At Anzen Legal Group, our Fort Collins criminal defense attorneys represent people charged with misdemeanors throughout Larimer County and northern Colorado. We know the Larimer County Justice Center, the judges, the prosecutors, and the local procedures, and we use every bit of that knowledge to fight aggressively for the best possible outcome in every client case.
We do not treat misdemeanor charges as minor matters. Even a class 1 misdemeanor conviction in Colorado can result in up to 364 days in jail, thousands of dollars in fines, and a permanent mark on your criminal record that follows you into job interviews, lease applications, and professional licensing reviews. You deserve an attorney who takes your situation as seriously as you do.
Facing Criminal Charges in Fort Collins?
Your first call costs you nothing. Our criminal defense attorneys offer free initial consultations to people charged with misdemeanors throughout Fort Collins and Larimer County.
Call 970-893-8857 Today to Schedule Your Free Consultation with An Experienced Fort Collins Criminal Defense Attorney.
What Does It Mean to Be Charged with a Misdemeanor in Colorado?
Not every criminal charge rises to the level of a felony, but that does not mean a misdemeanor should be ignored or handled without skilled legal counsel. Colorado law classifies most misdemeanors into two classes, along with a category of petty offenses, each carrying different potential penalties under Colorado Revised Statutes Section 18-1.3-501.
What Are the Classes of Misdemeanors in Colorado?
Colorado uses two primary misdemeanor classifications plus a petty offense tier:
- Class 1 Misdemeanor: The most serious misdemeanor level, punishable by up to 364 days in county jail and/or a fine of up to $1,000. Examples include simple assault, harassment, and certain theft offenses.
- Class 2 Misdemeanor: Punishable by up to 120 days in jail and/or a fine of up to $750. Examples include second-degree criminal trespass.
- Petty Offenses: Punishable by up to 10 days in jail and/or a fine up to $300. Examples include minor in possession of alcohol.
- Drug Petty Offenses: Punishable by a fine of up to $100.
Certain offenses also carry mandatory minimums, sentencing enhancements, or collateral consequences that can significantly exceed these baseline ranges. A domestic violence designation, for example, attaches to the underlying charge regardless of classification and triggers mandatory treatment, firearm restrictions, and can make even a misdemeanor conviction a lifetime barrier to housing and employment.
How Is a Misdemeanor Different from a Felony in Colorado?
Felonies are more serious offenses that carry longer potential prison sentences (in a state facility rather than county jail), heavier fines, and more severe long-term consequences including loss of voting rights and firearm rights. However, misdemeanor charges should never be minimized. Many misdemeanor offenses carry mandatory jail time, mandatory treatment programs, probation, and permanent criminal records. Our Fort Collins criminal defense attorneys fight just as hard on misdemeanor cases as on felonies, because we know how much is at stake.
Can a Misdemeanor Be Enhanced to a Felony in Colorado?
Yes. In Colorado, what may begin as a misdemeanor can quickly become far more serious depending on the circumstances. Prior convictions, aggravating factors, or even the identity of the alleged victim can lead prosecutors to file felony charges instead. For example, a third-degree assault charge may be elevated if there is a prior conviction, and a pattern of domestic violence allegations can trigger felony-level prosecution. Charges involving certain protected classes of victims or repeat offenses are especially vulnerable to enhancement.
Prosecutors do not make enhancement decisions at random. They evaluate specific factors that can justify filing more serious charges. Prior criminal history is one of the most significant, particularly if there are repeat offenses involving violence, domestic relationships, or substance-related conduct. The identity of the alleged victim can also matter, especially in cases involving intimate partners, law enforcement, or other protected classes. Allegations involving weapons, the severity of any claimed injury, or a pattern of conduct over time can all increase the likelihood of felony charges. Even a person’s status at the time of the incident, such as being on probation or parole, can influence how aggressively a case is charged.
Certain charges in Colorado are especially vulnerable to being elevated from misdemeanors to felonies depending on the facts. Assault charges, for example, may be treated more seriously when there is a prior history or more significant injury alleged. Domestic violence cases often become more complex when there are multiple prior incidents, which can lead to habitual offender treatment. DUI offenses can rise to the felony level after enough prior convictions. Theft charges are tied directly to the value of the property involved, meaning what begins as a misdemeanor can quickly cross into felony territory. Menacing allegations involving a weapon and drug possession cases involving larger quantities or specific substances may also lead to felony filings. Understanding how these categories are treated is critical in evaluating the true risk exposure in any case.
This is where early legal intervention matters. The decisions made in the earliest stages of a case, often before formal charges are filed, can directly impact whether a case stays a misdemeanor or escalates into a felony.
At Anzen Legal Group, that early intervention is strategic and informed. One of our attorneys is a former Colorado public defender, with firsthand experience handling these cases from the inside. That background provides insight into how prosecutors evaluate charging decisions and where opportunities exist to challenge or limit those charges.
From the outset, our goal is clear: reduce the severity of the charges wherever possible and pursue dismissals when the facts and law support it. By engaging early, we work to control the trajectory of the case, protect your record, and minimize long-term consequences.
Can a Felony Be Reduced Back to a Misdemeanor?
Yes. In many cases, a charge that is initially filed as a felony can be reduced through strategic legal work. Prosecutors have discretion, and that discretion can be influenced by weaknesses in the evidence, legal defenses, and mitigating circumstances presented early in the case. Issues such as lack of intent, conflicting witness statements, or insufficient proof of an aggravating factor can all support a reduction. In other situations, negotiations may result in a plea to a misdemeanor to resolve the case efficiently. This is where experienced defense counsel makes a measurable difference by identifying leverage points and using them to push for reduced charges or even dismissal where appropriate.
Misdemeanor Defense Cases We Handle in Fort Collins, Colorado
Our criminal defense attorneys represent clients charged with the full spectrum of misdemeanor offenses in Fort Collins, Loveland, Windsor, Wellington, Timnath, and throughout Larimer County. Below is a comprehensive list of the misdemeanor matters we defend.
Assault and Violent Crime Misdemeanors
- Third-Degree Assault (C.R.S. 18-3-204) – knowing or reckless bodily injury to another
- Menacing – placing another in fear of imminent serious bodily injury
- Reckless endangerment
- Unlawful use of a weapon (misdemeanor-level)
- Harassment – repeated contact, following, or striking designed to alarm or distress
- Disorderly conduct involving fighting or threatening conduct
Domestic Violence Misdemeanors
In Colorado, ‘domestic violence’ is not a standalone charge, but a sentence enhancer applied to an underlying offense when the alleged victim is a current or former intimate partner. Misdemeanor domestic violence charges include:
- Domestic violence assault (third degree)
- Domestic violence harassment
- Domestic violence criminal mischief (property damage)
- Domestic violence menacing
- Violation of a protection order or restraining order (C.R.S. 18-6-803.5)
- False imprisonment within an intimate relationship
A domestic violence tag triggers automatic issuance of a mandatory protection order, strips you of firearm rights under federal law, and requires mandatory treatment upon conviction. We fight domestic violence charges tenaciously at every stage.
Drug-Related Misdemeanors and Petty Offenses
- Unlawful use of a controlled substance (C.R.S. 18-18-404)
- Possession of drug paraphernalia (C.R.S. 18-18-428)
- Misdemeanor-level marijuana offenses (public consumption, underage possession)
- Petty offense drug possession (personal use amounts of schedule III-V substances)
- Misdemeanor prescription drug fraud
DUI, DWAI, and Traffic-Related Misdemeanors
- Driving Under the Influence (DUI) — first and second offense (C.R.S. 42-4-1301)
- Driving While Ability Impaired (DWAI)
- DUI per se (BAC at or above 0.08)
- Underage DUI (BAC at or above 0.02 for drivers under 21)
- Reckless driving (C.R.S. 42-4-1401)
- Careless driving causing injury (C.R.S. 42-4-1402)
- Hit and run (leaving the scene of an accident)
- Driving under restraint / driving with a revoked or suspended license
- Eluding a police officer (misdemeanor level)
Theft, Shoplifting, and Property Crime Misdemeanors
- Theft of items valued between $300 and $1,999 (class 1 or 2 misdemeanor under C.R.S. 18-4-401)
- Shoplifting (retail theft)
- Theft by receiving (receiving stolen property)
- Second-degree criminal trespass (C.R.S. 18-4-503)
- Criminal mischief / vandalism (damage under $1,000)
- Criminal tampering
- Misdemeanor computer crime
Fraud and Deception Misdemeanors
- Issuing a worthless check / bad checks (C.R.S. 18-5-205)
- Misdemeanor identity theft
- Misdemeanor forgery
- Criminal impersonation (misdemeanor-level) (C.R.S. 18-5-113)
- Obtaining property by false pretenses (lower value)
Public Order and Disorderly Conduct Misdemeanors
- Disorderly conduct (C.R.S. 18-9-106)
- Public indecency (C.R.S. 18-7-301)
- Indecent exposure (C.R.S. 18-7-302) — misdemeanor level
- Obstructing a peace officer (C.R.S. 18-8-104)
- Resisting arrest (C.R.S. 18-8-103)
- False reporting to authorities (C.R.S. 18-8-111)
- Rioting (misdemeanor-level participation)
- Unlawful assembly
Sex Offense Misdemeanors
- Unlawful sexual contact (C.R.S. 18-3-404) — misdemeanor-level conduct
- Public indecency with a sexual component
- Indecent exposure (first offense)
Some sex offenses carry sex offender registration requirements even at the misdemeanor level. Our attorneys carefully analyze every element of these charges to challenge registration requirements wherever possible.
Alcohol-Related and Underage Offense Misdemeanors
- Minor in possession of alcohol (MIP)
- Providing alcohol to a minor
- Open container violations (misdemeanor-level)
- Public intoxication / drinking in public
Juvenile, Family, and Other Misdemeanor Offenses
- Contributing to the delinquency of a minor (C.R.S. 18-6-701)
- Cruelty to animals – misdemeanor level (C.R.S. 18-9-202)
- Stalking – when charged at misdemeanor level or as attempt
- Cyberstalking and online harassment
- Misdemeanor child abuse (C.R.S. 18-6-401 — knowing/reckless, no injury)
- Failure to appear on a misdemeanor complaint
- Probation violations on misdemeanor sentences
Do not see your charge listed? Call our office. Our Fort Collins criminal defense attorneys handle the full range of misdemeanor matters in Colorado courts. If we cannot help you, we will point you in the right direction.
Charged with a Misdemeanor in Fort Collins or Larimer County?
Do not wait. The sooner you have a criminal defense attorney working on your case, the more options are available to you. Evidence gets preserved, witnesses are still accessible, and prosecutors have not yet locked in their positions.
Contact Our Fort Collins Criminal Defense Attorneys Today at 970-893-8857 for a Free Consultation
How Our Fort Collins Criminal Defense Attorneys Fight for Reduced Charges and Dismissals
Our approach to criminal defense is built on a simple principle: we never accept the government’s case at face value. Every charge is a theory, and every theory has weaknesses. Our job is to find them, expose them, and use them to your advantage. Here is how we do it.
Challenging the Legality of the Stop, Search, or Arrest
The Fourth Amendment prohibits unreasonable searches and seizures. If police stopped you without reasonable suspicion, searched your vehicle without consent or a warrant, or arrested you without probable cause, any evidence obtained as a result may be suppressible. A successful suppression motion can hollow out the prosecution’s case entirely, and a hollow case often leads to dismissal.
Attacking the Sufficiency and Quality of the Evidence
Prosecutors bear the burden of proving every element of a charge beyond a reasonable doubt. We scrutinize police reports, body camera footage, witness statements, lab results, and any other evidence the prosecution intends to use. If the evidence is weak, contradictory, or obtained improperly, we make sure the judge and jury know it.
Negotiating Aggressively for Reduced Charges and Favorable Pleas
Not every case goes to trial, and not every favorable outcome is a dismissal. Sometimes the best result is a reduction from a class 1 misdemeanor to a class 2, or from a misdemeanor to a petty offense. In domestic violence cases, a reduction that avoids a domestic violence designator may preserve firearm rights and housing eligibility. We negotiate from a position of strength, not desperation, and we never pressure clients to accept deals that are not in their interest.
Pursuing Deferred Sentences and Diversion Programs
Colorado law offers deferred judgment and sentence agreements under C.R.S. 18-1.3-102, which allow a defendant to complete a period of probation and, upon successful completion, have the charges dismissed. Larimer County also has diversion programs for first-time and low-level offenders. Our attorneys know which prosecutors and judges are open to these arrangements and how to position your case to qualify. A deferred judgment is not a conviction and avoiding a conviction is almost always worth pursuing.
Going to Trial When That Is What It Takes
When the prosecution overreaches, when the evidence is thin, or when a client’s rights have been violated, we are fully prepared to take a case to trial before a jury in the Larimer County District Court. Our associate attorney’s background as a Colorado public defender means he has tried numerous cases in Colorado courtrooms and knows how to speak to Fort Collins juries. We are not a firm that pressures clients into pleas because trials are inconvenient for us. We fight.
The Criminal Defense Process in Fort Collins and Larimer County
Understanding what to expect after a misdemeanor arrest in Fort Collins helps you make better decisions. Here is a general overview of how criminal cases move through the Larimer County court system.
What Happens After a Misdemeanor Arrest in Fort Collins?
After an arrest, you will either be released with a summons to appear or held for a bond hearing. In Larimer County, most first-time misdemeanor defendants are released on personal recognizance or a modest bond. You will receive a date for an arraignment, which may be your first formal court appearance where you will enter a plea. Otherwise, a date will be set for you to get an attorney.
What Is a Pretrial Services Interview in Larimer County?
Larimer County uses a pretrial services process that may include an interview and risk assessment to determine conditions of release. Our attorneys advise clients on how to handle pretrial services contacts and what information you are and are not required to provide.
Do Misdemeanor Cases Go to Jury Trial in Colorado?
Yes. Under Colorado law, defendants charged with class 1 or class 2 misdemeanors have the right to a jury trial. Class 1 misdemeanor cases are heard by a six-person jury. Our attorneys are experienced trial lawyers who know how to prepare and present a compelling defense in Larimer County courtrooms.
What Is the Difference Between a Plea Bargain and Going to Trial?
A plea bargain is an agreement between the defendant and the prosecution, typically in exchange for a reduced charge or a recommendation for a lighter sentence. Trials are adversarial proceedings where a jury (or judge) decides whether the prosecution has proven guilt beyond a reasonable doubt. There are advantages and risks to both paths, and the right choice depends on the strength of the evidence, the charges, your prior record, and your goals. Our attorneys will give you an honest assessment of both options so you can make an informed decision.
Frequently Asked Questions About Criminal Defense in Fort Collins
Yes. Prosecutors do not reduce their expectations because your charge is a misdemeanor. The criminal justice system is complex, and the Larimer County District Attorney’s office prosecutes misdemeanor cases seriously. Without an attorney, you are navigating charging decisions, evidentiary rules, plea negotiations, and courtroom procedure on your own, against professionals who do this every day. An experienced Fort Collins criminal defense attorney levels that playing field and often achieves results that are simply not available to self-represented defendants.
Yes. A misdemeanor conviction becomes part of your Colorado criminal record and will appear on standard background checks conducted by employers, landlords, and licensing agencies. Under Colorado law, certain misdemeanor convictions may be eligible for record sealing after a waiting period, but a conviction that has not been sealed is fully visible. This is one of the most compelling reasons to fight the charge rather than accept a plea: a sealed or dismissed case is a fundamentally different starting point than a conviction.
Absolutely. Misdemeanor charges are dismissed in Larimer County courts regularly, for reasons including: insufficient evidence, violation of the defendant’s constitutional rights, the prosecution’s inability to locate or produce witnesses, successful completion of a deferred judgment or diversion program, and outright acquittal at trial. Dismissal is always our primary goal, and we pursue it at every available opportunity.
Most misdemeanor cases in Larimer County resolve within three to six months from arraignment, though complex cases, cases involving significant pretrial motions, or cases set for trial can take longer. The timeline depends on court scheduling, the complexity of the evidence, and whether the parties reach a negotiated resolution. We keep clients informed of every development and realistic about timing throughout the process.
Colorado does not generally use the term ‘expungement’ for adult criminal records; the correct term is ‘record sealing.’ Under C.R.S. 24-72-706 through 24-72-710, many misdemeanor convictions are eligible for sealing after a waiting period from the end of the case, provided the individual has not committed subsequent offenses.
Deferred judgments that are successfully completed and dismissed are typically eligible for sealing immediately. Certain offenses, including most sex offenses and Class 1 misdemeanors involving unlawful sexual behavior, are not eligible for sealing. Our experienced Colorado defense attorneys can evaluate your eligibility and handle the sealing process.
A deferred judgment and sentence (also called a ‘deferred’ or ‘DJ’) is an agreement where the defendant enters a guilty plea, but the court holds the plea in abeyance while the defendant completes a period of supervised or unsupervised probation. If probation is completed successfully, the charge is dismissed. A dismissed charge means the prosecution has been dropped entirely, typically with no conditions attached. Both outcomes result in no final conviction, but a deferred requires completing probation first. A straight dismissal is generally the more favorable outcome.
First, exercise your right to remain silent. Do not explain yourself, justify your actions, or try to talk your way out of an arrest. Anything you say will be documented and can be used against you. Second, do not consent to any searches. Third, ask for an attorney immediately and clearly. Fourth, contact a Fort Collins criminal defense attorney as soon as you are able. The hours immediately following an arrest are critical: evidence gets preserved or lost, witnesses are most accessible, and the prosecution begins building its case from the moment of arrest.
False accusations are more common than people assume, particularly in domestic violence, assault, and theft cases. Being falsely accused does not mean you are protected. Prosecutors pursue charges based on the evidence they have at the time, and without strong defense advocacy, innocent people face conviction. Our attorneys conduct independent investigations, gather exculpatory evidence, identify inconsistencies in complainant accounts, and present the full picture to prosecutors and juries.
Attorney fees vary based on the complexity of the charges, the number of court appearances required, and whether the case proceeds to trial. Most criminal defense attorneys charge either a flat fee for misdemeanor cases or an hourly rate. We provide transparent fee information during your free initial consultation and offer payment arrangements for qualified clients. The cost of legal representation must always be weighed against the cost of an uncontested conviction: lost employment, lost housing, professional license consequences, and a permanent public record.
Your Questions Answered. Your Rights Protected.
Every Fort Collins criminal defense case is unique. The best way to understand your options is to speak directly with one of our attorneys about the specific facts of your situation.
Call Now for Your Free Consultation: 970-893-8857
Why Choose Our Criminal Defense Attorneys in Fort Collins?
Fort Collins and Larimer County have no shortage of attorneys who handle criminal cases. Here is what sets our firm apart:
Public Defender Experience & Inside Knowledge of the System
Our associate attorney spent years as a Colorado public defender before joining private practice. That background is invaluable. Public defenders handle enormous caseloads in Colorado courts, develop deep relationships with prosecutors and judges, and learn which arguments resonate and which do not. That experience now works exclusively for our clients.
We Take Misdemeanor Cases Seriously
Some firms treat misdemeanor cases as low-priority matters to be resolved quickly with a plea. We do not. We know that a misdemeanor conviction can cost you a job offer, a housing opportunity, a professional license, or your peace of mind. We bring the same level of preparation and advocacy to a class 2 misdemeanor that we would bring to a serious felony.
Local Knowledge of Larimer County Courts
We practice regularly in the Larimer County Justice Center, before the judges of the Eighth Judicial District, and in Fort Collins Municipal Court. We understand local procedures, local prosecutorial practices, and local judicial temperament. That context shapes our strategy from the very first appearance.
Direct Attorney Access Not Handed to a Paralegal
When you hire our firm, you get direct access to your attorney. We return calls, answer questions, and keep you informed about your case. You will not be handed off to a paralegal or a junior associate who does not know your file.
Focused on Results
We measure our success by outcomes, including charges dismissed, charges reduced, sentences minimized, and records protected. We pursue every avenue available, such as motions practice, plea negotiations, diversion programs, deferred sentences, and when necessary, trial, to achieve the best possible result for every client.
Serving Fort Collins, Larimer County, and Northern Colorado
Our criminal defense attorneys represent clients across northern Colorado, including:
- Fort Collins
- Loveland
- Greeley (Weld County)
- Windsor
- Wellington
- Timnath
- Estes Park
- Berthoud
- Longmont
- Johnstown
We appear regularly in Larimer County District Court, Larimer County Court (for misdemeanor and petty offense matters), Fort Collins Municipal Court, and Loveland Municipal Court. If your case is in a northern Colorado court, we can help.
Schedule A Free Consultation With An Experienced Fort Collins Criminal Defense Attorney
A criminal charge is not a conviction. You have rights, and you have options. Our Fort Collins criminal defense attorneys are ready to review your case, explain what the prosecution has to prove, and build the strongest possible defense on your behalf.
Call Our Fort Collins Criminal Defense Attorneys Today: 970-893-8857
Free Consultations | Flexible Payment Options | Credit Cards Accepted
The Anzen Legal Group, represents clients throughout Colorado in communities such as Fort Collins, Denver, Colorado Springs, Boulder, Aurora, Grand Junction, Centennial, Greeley, Castle Rock, Lakewood, Broomfield, Arvada, Pueblo, Parker, Longmont, Westminster, Loveland, Thornton, Commerce City and Canon City.
Representation You Can Count On
For estate planning, business formation, or assistance with your business strategy, work with Anzen Legal Group. Our team is eager to support local businesses and their families across the Centennial State.
We also represent clients in contract disputes, family law matters involving divorce, child custody, and more. Our experienced Colorado lawyers listen attentively and provide trusted counsel for any legal situation you may encounter.
Call us at (970) 893-8857 to speak with one of our attorneys and start the process of protecting your rights, assets, and future.
Testimonials
I call Kevin with Anzen Legal for all of my aviation business’s legal needs. His advice was invaluable to my business start-up process.
Attorney Kevin Strait did an amazing job to help us get out of an urgent predicament that required immediate action over a weekend in a complex matter. He was extremely responsive to our needs and his counsel was spot on and helped resolve the situation within less than 72 hours. Highly recommended!
Kevin, one of the attorneys, does a great job explaining how the law works for me and against me whenever I have a business question.
Kevin at Anzen Legal helped me avoid some legal pitfalls in my industry association meetings. He does a great job applying legal knowledge to the real world of business.
One of the attorneys, Kevin Strait, walked me through all my options for starting a non-profit. He was able to boil down the process to the essential things I needed to know.
The team at Anzen are without a doubt the best I have worked with. Not only are they competent, professional, and knowledgeable, but they are the 1% of attorneys that the 99% are giving a bad name to. Do yourself a favor, and place all your legal affairs in their capable hands. I didn’t regret it and neither will you.
I have had the privilege to work with Mr. Strait on both personal and professional levels, and I have a deep level of respect for him in both areas. Mr. Strait is a competent attorney which is further enhanced by his prior engineering and business experience. What I most deeply respect about Mr. Strait is his integrity and his care for people as individuals, and I consider him heroic in both. I continue to rely on his services, and I commend him to others as well.
