Obstruction Of Telephone Service
Obstruction Of Telephone Service Attorney In Denver
Obstruction of telephone service in Denver, Jefferson and Douglas counties is a crime that is often overcharged by the police. The language of C.R.S. 18-9-306.5 states that “A person commits obstruction of telephone or telegraph service if the person knowingly prevents, obstructs, or delays, by any means whatsoever, the sending, transmission, conveyance, or delivery in this state of any message, communication, or report by or through any telegraph or telephone line, wire, cable, or other facility or any cordless, wireless, electronic, mechanical, or other device.” A person can be charged with Obstruction of a Telephone Service if they meet those elements. The police have used this statute to try and charge many people of this crime for a variety of reasons.
For example, imagine a man and a woman having a disagreement in their home when the man decides to call the police. She asks him not to call and takes the phone from him. However, the call goes through for a moment and police are dispatched to the home. When they arrive, officers are likely to charge the woman with obstruction of telephone service. Unplugging a phone cord or taking a phone away from another will also result in these charges.
Potential Penalties And Sentence For Telephone Obstruction
In Boulder, Arapahoe, Adams and Larimer counties, telephone obstruction is classified as a class 1 misdemeanor. In the state of Colorado, a class 1 misdemeanor carries a maximum possible punishment of up to eighteen (18) months in jail and up to a $5,000.00 fine. So, someone can receive a very stiff penalty if they are convicted of this offense. It can also carry the domestic violence sentence enhancer.
There are many ways to combat the government’s attempt to convict someone of a crime like this. In the above scenarios, the government in Weld, El Paso and Pueblo counties would have to prove beyond a reasonable doubt every one of the elements of the charge. One of the best ways we fight this charge is to attack the “knowingly” element of the crime. Essentially, someone has to know that the other person is communicating with someone else in order to obstruct, hinder, or delay that communication.
If charged with obstruction of telephone service, you need a lawyer who knows how to attack the government’s evidence and get you the best possible outcome. The defense attorneys at the O'Malley and Sawyer, LLC, are successful at fighting charges of obstruction of telephone service. So, if you are being charged, be smart, exercise your right to remain silent and call us today at 303-731-0719. Together, we can protect your future.