Aggravated Intimidation of a Victim or Witness

Aggravated Intimidation of a Victim or Witness, C.R.S. 18-8-705

Aggravated Intimidation or Intimidating a Witness or Victim, C.R.S. 18-8-705, occurs in Denver, Broomfield, and Jefferson County when a person first commits Intimidating a Witness or Victim, C.R.S. 18-8-704, and in the act of doing that crime, also:

1) "is armed with a deadly weapon with the intent, if resisted, to kill, maim, or wound the person being intimidated or any other person"; or

2) "knowingly wounds the person being intimidated or any other person with a deadly weapon, or by the use of force, threats, or intimidation with a deadly weapon knowingly puts the person being intimidated or any other person in reasonable fear of death or bodily injury."

A Serious Crime with Serious Consequences

This statute takes the crimes of Assault in the Second Degree, C.R.S. 18-3-202, and Menacing with a deadly weapon, C.R.S. 18-3-206, merges them with Intimidating a Witness or Victim, and then elevates the crime to a class three felony. We expect the legislature's purpose is to highlight the elevated seriousness of these underlying crimes when directed toward an alleged victim or witness. Preserving the sanctity of the judicial process would be the purported goal. We wish there were some parallel law governing the conduct of police officers who interfere with the judicial system with their biased and incomplete investigations in favor of the prosecution.

Within the underlying crime of Intimidating (Intimidation) of a Witness or Victim, the mere act of Harassment of an alleged victim or witness can support the basic Intimidation charge in Arapahoe, Douglas and Adams County. Given the very broad reach of this Intimidation statute, it is easy to face a class three felony for Aggravated Intimidation of a Witness or Victim, if a person harasses another with a deadly weapon in their possession. Since any article can be interpreted as a deadly weapon (lamp, beer bottle, softball bat, hammer, stapler), this aggravated intimidation charge can be charged with little actual intent to harm another.

Never Speak with Alleged Victims or their Family Members

You should never have contact with an alleged witness, victim, or members of their family. When tempers are running high, people will make untrue allegations to support the crime of aggravated intimidation. Alleged witnesses, victims and their family members will be searching for reasons to call the police and allege you did something wrong. Protect yourself and your family. Only an experienced lawyer should be working in your defense. Efforts to do so by yourself may result in additional charges to you or your family.

For over twenty years, our experienced attorneys have been defending the falsely accused of Aggravated Intimidation (Intimidating) of a Witness or Victim charges in Larimer, Weld and Grand County. So, be smart, exercise your right to remain silent, and call the experienced attorneys at the O'Malley Law Office, P.C., at 303-731-0719. Together, we can protect your future.

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