Harassment is the Most Frequently Charged Criminal Offense in Colorado
In our opinion, Harassment, C.R.S. 18-9-111, is the most frequently charged criminal offense in Colorado. The reason? It is easy to make an allegation of Harassment and the government can prove the charges without evidence if your accuser is believable. Many times, after a domestic argument, one party or the other will call police and say they were "touched" by the other person. Since no injury is necessary, as is required in Third Degree Assault, the accusation is easy to make. The only real difference between Harassment and Third Degree Assault, is that Third Degree Assault requires an element of bodily injury. In this context, "bodily injury" is defined as pain, and can result from something as simple as a pinch in Douglas County, Colorado or any other Colorado county.
Harassment Elements the Government Needs to Prove:
- With intent to harass, annoy, or alarm another person, the accused,
- Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact; or
- In a public place, directs obscene language or makes an obscene gesture to or at another person; or
- Follows a person in our about a public place; or
- Initiates communication with a person, anonymously or otherwise, by telephone or computer, in a manner intended to harass or threaten bodily injury or property damage, or makes any communication which is obscene; or
- Makes a telephone call with no purpose of legitimate conversation, or
- Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another's home, or
- Repeatedly insults, taunts, challenges, or makes communication in offensively course language to, another, in a manner likely to provoke a violent or disorderly response.
As you can see, these elements can criminalize disagreements between two people in Denver County, Colorado. Or, if two neighbors are arguing in Aurora Colorado, and the police get called, someone gets charged with Colorado Harassment. If a couple is arguing in Jefferson County, Colorado, and the police are called, someone will likely get charged with Harassment. When the police come to a domestic argument, it is very likely that one of the couple will be arrested, not allowed to return home, and be subject to a no-contact order. Since so little proof is needed, this is the catch-all charge, or wild-card charge, of most police agencies when there is little proof of another criminal offense.
A common companion to C.R.S. 18-9-111, Harassment is Domestic Violence. Domestic Violence is a label attachable to any criminal offense, and Harassment is the most frequent partner charge. Domestic violence Harassment is just as damaging to a person's firearms rights as is Third Degree Assault, C.R.S. 18-3-204, provided the right subsection is charged by the police. Federal Domestic Violence definitions come into play with firearms possession in Colorado, so be sure and discuss this issue with your Colorado lawyer at O'Malley Law Office, P.C., to protect your gun rights.
There are many ways our office can defend you of Colorado Harassment charges, and protect your criminal record in the process. Many Colorado employers will not hire people with a Harassment conviction, for fear the job applicant is dangerous. We often use affirmative defenses at trial to provide legal justification for the physical contact between our client and another person. Then, when the case is over, we can work to seal our client's criminal record. All hope is not lost just because you are accused of Harassment. If you remain silent and call us right away, we can often get charges dismissed or posture the case so strong for trial, that the District Attorney may dismiss the matter.
Whether you are being accused in Castle Rock, Colorado (Douglas County), of pushing someone, or of insulting someone in Adams County, Colorado, it is essential you hire competent legal counsel who will fight hard to protect you from Harassment charges. Be smart, exercise your right to remain silent, and call us immediately at 303-731-0719. Together, we can protect your future.
