Statute of Limitations for Class D / 4th Degree Felony in Colorado

Overview

In Colorado, the statute of limitations sets a deadline for when the state can file (or proceed with) a criminal case. For a Class D felony—commonly referred to as a “4th degree felony” in many jurisdictions—Colorado law generally uses a multi-year limitations period, measured from the date the offense occurred.

This page explains how the limitations period works in Colorado for a Class D / 4th degree felony, what commonly changes the clock, and how DocketMath’s statute-of-limitations calculator can help you estimate the deadline based on relevant dates.

Limitation period

Baseline deadline for a Class D felony in Colorado

Colorado’s criminal limitations periods are set in statute by felony class. For a Class D felony, the general limitations period is:

• 6 years from the date the offense was committed

That baseline matters because many real-world questions come down to a simple comparison:

• Was charging filed within 6 years of the offense date?
• Or has time already run (or been tolled) by the time charges are filed?

How the “clock” is typically calculated

When using a tool (including DocketMath), you’ll usually need at least:

• Offense date (the date the conduct happened)
• Charging/filing date (the date a case was commenced, such as when charges were filed or otherwise formally initiated)

Then the calculator computes whether the elapsed time is within the applicable limitations period, taking into account any selected exceptions/tolling items (when you provide those facts).

What can make the deadline move

Even if the baseline is “6 years,” the outcome can change if one of the following occurred:

• the limitations period was tolled (paused/extended) for a legally recognized reason
• the defendant was absent from the state for a qualifying period
• certain types of criminal conduct trigger different counting rules than a straightforward “from the offense date to filing date”

The calculator is designed to help you model these adjustments based on the inputs you provide.

Key exceptions

Colorado recognizes multiple doctrines and statutory exceptions that can affect the limitations period. Some are straightforward tolling rules; others depend on specific case facts.

Below are common categories to look for when evaluating whether the 6-year baseline might be extended.

1) Time in which the defendant could not be found in Colorado

Colorado law includes tolling concepts tied to a defendant’s absence from the state and inability to be served or found. In practice, prosecutors sometimes argue that limitations should not run while the defendant is unavailable in Colorado.

How it affects outcomes: If tolling applies, the “end date” can move later than 6 years from the offense date.

2) Statutory tolling for certain criminal circumstances

Colorado also includes statutory tolling provisions tied to specific procedural or substantive circumstances. These can include situations where the prosecution was delayed for legally recognized reasons.

How it affects outcomes: The clock may stop, reset, or otherwise be adjusted rather than running continuously.

3) Commencement of prosecution / when the case is “started”

Another practical exception is timing of case initiation. Some questions hinge on when prosecution was formally commenced, not merely when an investigation began.

How it affects outcomes: A complaint, information, or indictment filing date can matter. Early investigatory activity alone generally doesn’t replace the legal milestone that starts limitations analysis.

4) Offenses that are treated differently than standard felony classes

While this page focuses on Class D / 4th degree felony, certain offenses can be governed by special rules if they fall under categories with different statutory treatment.

How it affects outcomes: If the charge is reclassified or the elements place it into a different statutory bucket, the limitations period could change.

Statute citation

Colorado’s statute of limitations for felonies is set out in Colorado Revised Statutes (C.R.S.) § 16-5-401.

For Class D felonies, the general limitations period is six years, subject to any statutory tolling or exceptions within the same statutory framework and related provisions.

When you’re building a deadline estimate, make sure you’re aligning:

• the felony class (Class D)
• the offense date (date the offense was committed)
• the charging/commencement date
• any tolling factors permitted by Colorado law

Use the calculator

DocketMath’s statute-of-limitations calculator helps you model the deadline using dates and (where applicable) tolling/exception inputs.

Start here: Statute of limitations calculator.

What to enter (typical inputs)

Use the tool to select or enter:

• Jurisdiction: Colorado (US-CO)
• Felony class: Class D (4th degree felony)
• Offense date: (the date of the alleged offense)
• Charging/filing date: (the date prosecution began in the record you’re reviewing)

How outputs change

As you adjust inputs, the tool output typically responds in these ways:

• Later offense dates → later baseline expiration

  • If the offense occurred closer to the filing date, fewer years remain.
• Later charging dates → greater chance the deadline is exceeded

  • Moving the filing date forward can turn a “within limitations” estimate into “outside limitations.”
• Tolling/exception selections → extended expiration date

  • If you indicate a tolling scenario that the tool supports, the “expiration” calculation should shift.

Quick checklist before relying on the number

Before you treat a calculator output as the final word, verify:

Sources and references

Start with the primary authority for Colorado and confirm the effective date before relying on any output. If the rule has been amended, update the inputs and rerun the calculation.

• Colo. Rev. Stat. § 13-80-101

Related reading

• Choosing the right statute of limitations tool for Vermont — Tool comparison
• Statute of limitations in Singapore: how to estimate the deadline — How-to guide
• Choosing the right statute of limitations tool for Connecticut — Tool comparison