The Difference Between Misdemeanor and Felony Assault Charges in Colorado
June 30, 2026
At the Law Office of Jacob Martinez, our Denver criminal defense attorneys understand that, despite legal cannabis in Colorado, marijuana DUI arrests are increasing. With over 17% of state police DUI arrests involving cannabis use, defending marijuana impairment cases demands careful legal strategy.
Colorado treats cannabis DUI as seriously as alcohol DUI, with strict legal limits and harsh penalties. We have secured numerous dismissals and not-guilty verdicts by thoroughly challenging the evidence and protecting clients’ rights. If you face marijuana [...]
If you are facing drugged driving charges in Colorado, certain defenses have a pretty good chance of working… while others really aren’t worth your time.
In this post we’re going to talk about common strategies people try with these types of cases, focusing on which ones are generally good and which ones just plain don’t work.
First, though, a bit about DUID charges.
Understanding Drugged Driving in ColoradoDriving under the influence of any drug is a serious crime in [...]
DUID is short for “driving under the influence of drugs.” Regardless of legalization laws, it is still a crime to operate a car under the influence of marijuana or any other drug that effects your ability to drive. This can also include prescription drugs.
Colorado Drugged Driving LawsThe Colorado Vehicle Traffic Code contains the laws that deal with drugged driving. Section 42-4-1301(1) states that:
Assault charges in Colorado can range from a misdemeanor accusation after a physical confrontation to a serious felony carrying years in prison. The difference usually depends on the alleged intent, the level of injury, whether a weapon was involved, and whether the alleged victim falls into a protected category under Colorado law.
That distinction matters immediately. A misdemeanor assault case may still carry jail time, fines, a permanent criminal record, and collateral consequences for employment, housing, licensing, and your reputation. [...]
A preliminary hearing in a felony case in Colorado is one of the earliest opportunities for the prosecution’s evidence to be tested before a judge. It happens after charges have been filed and the defendant has made an initial appearance, but before the case moves into trial court. The hearing is not about deciding guilt or innocence. Instead, the court is checking whether the prosecution has sufficient evidence to move the case forward.
In Colorado, this stage is often [...]
Only one drug felony level in Colorado carries a true mandatory prison sentence. The other three carry presumptive ranges where a judge still has discretion, meaning the defense strategy in a DF2, DF3, or DF4 case looks completely different from that in a DF1 case. At the Law Office of Jacob Martinez, our Denver drug crimes attorney has spent more than a decade in Denver courts, working to achieve better outcomes for clients facing felony drug charges.
Only One Drug[...]