Two types of criminal offenses require a jury trial: misdemeanors and felonies. Felonies are the most severe types of crimes, including actions like intentional murder and rape. Misdemeanors are less serious offenses than felonies. However, they are still serious enough that they usually deserve incarceration as a penalty. Since all misdemeanor charges include the threat of jail time, you should take the situation seriously if you are arrested for one. Don’t trust your fate to a court-appointed lawyer. Instead, contact a Denver misdemeanor attorney whom you can trust to protect your rights and your future.
Misdemeanor Penalties
Why You Need a Lawyer for Misdemeanors in Denver
People who don’t have legal training often think that misdemeanors are victimless crimes like jaywalking or speeding. That misconception can result in a defendant’s not taking a misdemeanor charge seriously. If you have been charged with a misdemeanor, the State of Colorado believes you caused some type of harm, just not any injury. Thus, spitting at someone would count as a misdemeanor offense, while striking them with your fist would count as a felony, necessitating the expertise of a felony defense lawyer. Typically, though, the most common types of misdemeanors are some type of theft.
Because someone is harmed, usually financially or mentally, the penalties for misdemeanors include potential incarceration. Jail time is rarely mandatory, but you will usually avoid it only if you are represented by an experienced misdemeanor lawyer. According to sentencing guidelines that began in 2022, you can receive the following penalties if you are convicted of a misdemeanor:
- Class 1 Misdemeanor: The most serious type of misdemeanor is punishable with up to 364 days in jail and a fine of up to $1,000.
- Class 2 Misdemeanor: The maximum jail sentence for a class 2 misdemeanor is 120 days. You can also receive a fine of up to $750.
- Level 1 Drug Misdemeanor: Drug misdemeanors are more severely punished than other types of misdemeanors. You will receive a jail sentence of between 6 and 18 months and a fine of $500 to $5,000. However, some offenses in this category allow the judge to offer probation and shorter jail sentences. In such situations, it is crucial to consult with a skilled drug possession lawyer to explore your legal options and ensure the best possible outcome for your case.
- Level 2 Drug Misdemeanor: Similar to a class 1 misdemeanor, charges of this type can be punished with up to 364 days in jail. However, the fines range from $50 to $750.
Because the sentencing guidelines were recently changed, there is one major exception to the above. If you are charged with misdemeanor unlawful sexual contact that occurred before March 2022 and is still within the statute of limitations for that offense, you will be penalized under the old sentencing guidelines if convicted. Depending on the specifics of the charge, this could result in a jail sentence of up to two years.
Sentencing guidelines permit jail time for all types of misdemeanors. The right attorney can help you avoid jail time.
How a Denver Misdemeanor Attorney Can Help
We Fight to Keep You Out of Jail
As unpleasant as it is to pay a fine or be on probation, those consequences are infinitely better than jail time. At the Law Office of Kevin Cahill, the goal of our lawyer for misdemeanors in Denver is to get you the best results possible. Because every case is different, that means something different for every client. The following are some of the common strategies Denver misdemeanor lawyer Kevin Cahill uses.
Plea Agreements
The Denver District Attorney’s office handles thousands of cases every year. If all of those cases went to trial, the justice system would grind to a halt. Typically, prosecutors prioritize felonies over misdemeanors. This gives your lawyer for misdemeanors in Denver an opportunity to negotiate a plea deal. Most prosecutors will agree to terms that involve no jail time if you agree to plead guilty and don’t force a trial.
Motion to Dismiss
There are two ways to get a case dismissed. If you can provide the prosecution with convincing evidence that you couldn’t be guilty, the prosecutor will drop the case. While this is the best-case scenario, it isn’t the only option. Your lawyer for misdemeanors in Denver can also petition the court to dismiss due to procedural errors. Typically, your Denver misdemeanor attorney will look for evidence that the government violated your rights. This can include actions like:
- Searching your home or person without a valid warrant
- Failing to advise you of your Miranda rights
- Interrogating you after you requested a lawyer
- Using force or threats to elicit a confession.
If we have evidence that the government violated your rights, we will petition the judge to dismiss the charges and restrict the government from using any evidence gathered illegally.
Reasonable Doubt on the Highest Charges
As a rule, prosecutors push for the highest charges possible, even if the evidence doesn’t fully support that level of misdemeanor. Sometimes the best approach is to basically surrender on the lesser charges and fight only the charges with the steepest penalties. It usually isn’t hard to find at least one sympathetic jury member, and all your misdemeanor lawyer needs to do is convince one to prevent a conviction. Typically, if the jury deadlocks on some charges, a prosecutor won’t bother with another trial if they have won on lesser charges.
A misdemeanor charge is more serious than most people realize. It can be penalized with large fines and jail time. Denver misdemeanor attorney Kevin Cahill takes every misdemeanor case seriously and fights for the best results possible. Contact our law firm at 720-548-2990 to discuss your legal options.
Why Choose Misdemeanor Lawyer Kevin Cahill?
When your livelihood is at risk, it is critical to hire a lawyer for misdemeanors in Denver who is trustworthy. If you don’t believe your lawyer is working for your best interests, you won’t feel safe about your future. Kevin Cahill understands those concerns and takes them seriously. He earns the trust of clients in the following ways.
Free Consultations and Fair Rates
Justice shouldn’t only be available to wealthy people. At the Law Offices of Kevin Cahill, all potential clients are given a free consultation. During that consultation, Mr. Cahill will discuss your situation and explain your legal options. He will also discuss his rates and payment options. Once you are fully informed, you can choose whether you want him to represent you.
24-Hour Availability
If you need to file a lawsuit, you don’t need to hire a lawyer immediately. However, if you have been arrested, you need a lawyer representing you as soon as possible. This is why someone is available at the Law Office of Kevin Cahill 24 hours a day, 365 days a year. We don’t want you to spend a second more in a jail cell than is necessary.
Experience That Gets Results
As important as convenience is, it doesn’t help much if your lawyer can’t get results. In over a decade of criminal defense work, Kevin Cahill has handled thousands of cases. Whether they ended with a jury trial, a plea deal, or a dismissal, he always fights for the best results for that client. His high success rate is due to treating every client like an individual and giving every case his full attention.
Colorado Misdemeanor FAQs
Because the consequences of a misdemeanor conviction are potentially severe, you should try to understand as much about your situation as possible. That means you should ask your lawyer a lot of questions. Here are answers to some of the common questions we receive.
If you have any other questions, ask Kevin Cahill during your free consultation.
Contact a Denver Misdemeanor Attorney Today
If you are charged with a misdemeanor, you could end up in jail. Attorney Kevin Cahill will fight relentlessly to keep you out of jail.
If you are arrested for a misdemeanor, don’t wait to talk to an attorney. Contact the Law Office of Kevin Cahill at 720-548-2990 immediately.
ATTORNEY KEVIN CAHILL
Denver Defense Lawyer Kevin Cahill never assumes that your case is a lost cause. He is a confident and fearless litigator who refuses to back down when he is fighting to protect the rights of his clients. Regardless of whether you are facing a felony or a misdemeanor, it is vital that you take the charges seriously and seek out legal representation as soon as possible so you can start building your defense. [ ATTORNEY BIO ]
