Charged With A Crime? It Doesn’t Mean You’re Guilty.

Misdemeanor Harassment Can Prevent You From Owning a Gun in Denver

| Oct 8, 2015 | Harassment |

We normally see the charge of Harassment, C.R.S. 18-9-111, when someone pushes another person or keeps calling them and hanging up the phone when they answer. More lately, we are seeing Harassment charges as the go-to charge when men and women have been pushing, slapping or fighting one another. Yet now, this charge is accompanied by a Domestic Violence label. Domestic Violence is typically charged in Jefferson County when any crime occurs between those who have been in an intimate relationship. The difficultly comes when this crime label prevents the person convicted from ever possessing a firearm again.

Under Adams County, Colorado law, the definition of Harassment is:

A person commits harassment if, with intent to harass, annoy, or alarm another person, he or she:

  • 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 or about a public place; or
  • Initiates communication with a person, anonymously or otherwise, by telephone, telephone network, data network, text message, instant message, computer, computer network, or computer system in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone, computer, computer network, or computer system that is obscene; or
  • Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, 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 private residence or other private property; or
  • Repeatedly insults, taunts, challenges, or makes communications in offensively coarse language to, another in a manner likely to provoke a violent or disorderly response.

This broad list can encompass conduct from most any contentious relationship between spouses or unmarried persons living together. Since the government automatically charges domestic violence too, men and women are finding lifelong consequences which last long after probation ends.

Domestic Violence Under Federal Law Disqualifies Gun Ownership Forever

Federal law has its own definition of Domestic Violence, and it is that definition that counts. Generally, physical violence between persons who have been intimate, will disqualify them from future gun ownership, if convicted. It does not matter whether they are convicted of Harassment or Assault in the Third Degree. Physical violence is what is key. Under Colorado law, you could be convicted of Harassment and Domestic Violence in Arapahoe County, and still be able to own a firearm after your case is over. This can occur if the Colorado crime underlying the Domestic Violence does not meet the definition of Domestic Violence under Federal law. Did you know that Colorado has several Harassment subsections, which do not involve physical violence? Phone Harassment, obscene language Harassment, and offensively course language Harassment all can be Colorado Domestic Violence, but not Federal. This occurs because Federal law requires physical violence. Read why harassment is the police officer’s favorite crime to charge.

There are many other points of law which will influence whether you can possess or own a firearm following a Domestic Violence conviction in Douglas County. To improve our chances of success in helping you, never talk to police about your crime. Give our Harassment and Domestic Violence criminal defense lawyers at call at 303-731-0719, today, and set up a free initial consultation. Together, we can protect your future.