Misdemeanor punishment can vary widely in Colorado.
Child abuse involves injuring a child or putting a child at risk of injury or death. In Colorado, the charge for child abuse depends on the severity of the offense. The lightest punishment for child abuse is a "Misdemeanor 1" conviction.
Misdemeanor 1 Sentencing
The basic sentence for a Misdemeanor 1 in Colorado is six to 18 months in county jail, plus a fine of $500 to $5,000. It is up to the judge or jury to set the punishment. The punishment must fall within this range, which was established by the state Legislature.
Extraordinary Risk Crime
The judge can add another six months to a Misdemeanor 1 child abuse sentence under the state's "extraordinary risk crime" statute. Under the statute, people convicted of child abuse and certain other crimes are deemed a danger to society, and judges are given the discretion to increase the sentences by up to six months.
Probation
If this is your first offense, you may qualify for probation. If you complete the probation, you will not have to serve time in jail. Whether or not you are offered probation depends largely on the severity of the offense and your past criminal record.
Deferred Adjudication
If "deferred adjudication" is part of the probation agreement, the charge will be dropped when you finish your probation, and the conviction will not show up on your record. However, the arrest will stay on your record unless you have the arrest record sealed by a civil court after you finish your probation.
Good Time Credit
If you do have to serve time in county jail, you may get an early release based on "good time," "earned time" and/or "trusty time." Each county sheriff sets his own policies on awarding these credits, and the amount of credits that can be earned will vary from county to county. State law allows each sheriff to award two days per month of good time for following the rules, three days of earned time each month for participating in educational programs and other activities, and 10 days per month for working as a trusty.
