Have you been charged with harassment in Colorado? The effects of a conviction can be more severe than you might imagine. It is important to seek help from a criminal defense attorney to ensure that your rights are protected through the criminal process.
At O'Malley Law Office, P.C., we defend clients who have been charged with harassment in Colorado. To find out more about the charges you are facing, read the information below. Otherwise, contact us online to schedule a free consultation to learn how we can help you.
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 he or she was "touched" by the other person. Because 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.
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.
- In a public place, the accused directs obscene language or makes an obscene gesture to or at another person.
- The accused follows a person in or about a public place.
- The accused 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 that is obscene.
- The accused 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.
- The accused repeatedly insults, taunts, challenges or makes communication in offensively coarse language to another in a manner likely to provoke a violent or disorderly response.
Is Harassment The Same as Domestic Violence?
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 to protect your gun rights.
How We Can Help You
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.
Contact a Criminal Law Attorney
Whether you are being accused of pushing someone or insulting someone, 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.