Is Domestic Violence a Misdemeanor or Felony in Colorado?

November 19, 2025

The police lights flash, and before you know it, you’re in handcuffs for something that escalated far too quickly. In Colorado, accusations of domestic violence trigger immediate action, even before the whole story is told. The first question most people ask is simple but crucial: Is domestic violence a misdemeanor or a felony?

The answer depends on the specific incident, the individuals involved, and the related charges. Below, our Boulder domestic violence defense attorney explains how Colorado addresses domestic violence (DV) and what you can expect when facing charges.

Please don’t hesitate to reach us online or call (970) 219-2923 today for a free consultation.

What Is Considered Domestic Violence in Colorado?

Domestic violence includes any act or threat of violence against someone you have an intimate relationship with, such as a spouse, dating partner, ex, or cohabitant. It can also involve damaging property or making threats used to intimidate, control, or retaliate against that person.

Domestic violence charges in Colorado are unique because:

• It applies to a wide range of underlying offenses, from verbal threats to serious assaults,
• Police must make an arrest when they have probable cause to believe domestic violence occurred, and
• The accused must appear before a judge before being able to post bond.

So, the charge you face, misdemeanor or felony, depends on the underlying crime tied to the domestic violence allegation.

Is Domestic Violence a Misdemeanor or Felony in Colorado?

Colorado categorizes domestic violence charges as either a misdemeanor or a felony, depending on the severity of the underlying offense. 

Misdemeanor domestic violence typically involves less severe conduct, such as:

• Harassment or unwanted contact,
• Minor physical contact that doesn’t cause serious injury,
• Property damage or interference with phone service during an argument, or
• Verbal threats that cause fear but no bodily harm.

By contrast, felony domestic violence involves serious injury, strangulation, the use of weapons, or repeat offenses. 

Examples include:

• Assault causing serious bodily harm,
• Threatening someone with a weapon,
• Violating a restraining order, or
• Repeated domestic violence convictions leading to habitual offender status.

Ultimately, the charge is determined by the facts, the individuals involved, your intentions, and how prosecutors interpret the circumstances.

Domestic Violence: Colorado Jail Time and Other Penalties

Whether charged as a misdemeanor or felony, a domestic violence conviction in Colorado carries mandatory consequences that extend beyond jail, including:

• Misdemeanor domestic violence is punishable by up to 364 days in jail and fines up to $1,000;
• Felony domestic violence charges range from Class 5 to Class 2, with 1 to 24 years in prison and fines up to $1 million, depending on injury level and prior record;
• Mandatory domestic violence evaluation and treatment;
• Protection orders that often restrict contact, limit firearm possession, or require relocation; and
• Depending on court orders, probation and counseling can last months or years.

Even a short jail sentence can upend your life, affecting your job, housing, and relationships. For felony-level cases, the long-term impact reaches far beyond incarceration, influencing your record, reputation, and future opportunities.

Reliable Defense Based on Accuracy and Insight

At Merson Law Office, LLC, every domestic violence case is treated as more than a charge. It’s a turning point in someone’s life. With over two decades in Colorado courtrooms, founding Attorney James Merson has built a reputation for dissecting the details others overlook, from a 911 call’s tone to the motive behind an accusation.

Our method isn’t loud or flashy; it’s strategic, deliberate, and focused on one goal: protecting your future and freedom. Clients trust our firm because we don’t guess. We analyze, prepare, and fight smart.

Early legal action can be the deciding factor between having a case dismissed and facing long-lasting consequences. If you’re facing domestic violence charges in Colorado, don’t wait for things to settle down. The sooner you act, the stronger your defense becomes.

Call (970) 219-2923 or send us a message online today for your free consultation.

Frequently Asked Questions

What Is Considered Domestic Violence in Colorado?

Any act or threat of violence, harassment, or property damage against an intimate partner may qualify as domestic violence under Colorado law. The relationship between the parties is key; it must involve past or present intimacy or cohabitation.

Is DV a Felony in Colorado?

While many cases begin as misdemeanors, those involving injury, weapons, or repeated offenses can rise to felony-level charges, often with years of potential prison time.

What Are the Penalties for Domestic Violence Jail Time?

Misdemeanor offenses can result in up to 364 days in jail. Depending on the severity of the underlying crime and prior history, felony convictions can lead to 1 to 24 years in state prison.

Can Colorado Domestic Violence Charges Be Dropped?

Only the prosecutor has the authority to drop a domestic violence charge, not the alleged victim. However, an attorney can present evidence or context that persuades the prosecution to reconsider.

Resources:

• Crime of violation of a protection order, C.R.S. § 18-6-803.5 (2025), link.
• Denver District Attorney’s Office, Domestic Violence Overview, link.
• Colorado Judicial Branch, Domestic Violence – El Paso County, link.
• Child Welfare Information Gateway, Definitions of Domestic Violence – Colorado, link.

Colorado 4th Judicial District Attorney’s Office, Domestic Violence Fast Track Program, link.

About the Author

James Merson

Attorney

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