In Greeley, Colorado, if you are facing Eavesdropping or Wiretapping charges, you will need a top criminal defense lawyer to fight for you. In Colorado, Wiretapping and Eavesdropping are two different charges that refer to listening or recording conversations without consent. Read more below, while the criminal defense lawyers at The O’Malley Law Office discuss both charges for the definition and penalties of Eavesdropping and Wiretapping. If you are in Fort Collins, Colorado and facing these charges, click HERE.
What is the Definition of Eavesdropping, C.R.S. 18-9-304, in Weld County?
The definition of Eavesdropping, C.R.S. 18-9-304, in Weld County is,
(a) Knowingly overhears or records such conversation or discussion without the consent of at least one of the principal parties thereto, or attempts to do so; or
(b) Intentionally overhears or records such conversation or discussion for the purpose of committing, aiding, or abetting the commission of an unlawful act; or
(c) Knowingly uses for any purpose, discloses, or attempts to use or disclose to any other person the contents of any such conversation or discussion while knowing or having reason to know the information was obtained in violation of this section; or
(d) Knowingly aids, authorizes, agrees with, employs, permits, or intentionally conspires with any person to violate the provisions of this section.
The key to this statute is that the person is hiding or not visible. Many people commit Eavesdropping without realizing it, an example of this is if a partner hides outside the door and records their spouse talking to a friend to see if they are having an affair. The curious spouse could get more than they bargained for and face being charged with Eavesdropping.
The Greeley, Colorado Definition of Wiretapping, C.R.S. 18-9-303 – One Party Consent State
In Greeley, the definition of Wiretapping, C.R.S. 18-9-303, is:
(a) Knowingly overhears, reads, takes, copies, or records a telephone, telegraph, or electronic communication without the consent of either a sender or a receiver thereof or attempts to do so; or
(b) Intentionally overhears, reads, takes, copies, or records a telephone, telegraph, or electronic communication for the purpose of committing or aiding or abetting the commission of an unlawful act; or
(c) Knowingly uses for any purpose or discloses to any person the contents of any such communication, or attempts to do so, while knowing or having reason to know the information was obtained in violation of this section; or
(d) Knowingly taps or makes any connection with any telephone or telegraph line, wire, cable, or instrument belonging to another or with any electronic, mechanical, or other device belonging to another or installs any device whether connected or not which permits the interception of messages; or
(e) Repealed by Laws 2002, Ch. 322, § 23, eff. July 1, 2002.
(f) Knowingly uses any apparatus to unlawfully do, or cause to be done, any act prohibited by this section or aids, authorizes, agrees with, employs, permits, or intentionally conspires with any person to violate the provisions of this section.
It is important to note that in Colorado it is a one-party consent state – meaning that you only need have the consent of one party to record. Each state is different, and some states require the consent of both parties.
What are the Penalties and Sentence of Eavesdropping and Wiretapping in Weld County?
The sentence for an Eavesdropping conviction is a class 1 misdemeanor, with penalties that can include 6 to 18 months in Weld County Jail and a fine of up to $5,000.
The sentence for a Wiretapping is a class 6 felony with penalties for a conviction that can include 12 to 18 months in a Colorado State Prison and a fine of up to $100,000.
It is also a criminal offense to manufacture, buy, sell, or be in the possession of any instrument or device for Wiretapping or Eavesdropping. This is a class 2 misdemeanor and the penalties for a conviction include 3 to 12 months in the Weld County Jail and a fine of up to $1,000.
Why Hire a Top Lawyer for a Charge of Wiretapping or Eavesdropping in Greeley, Colorado?
In Greeley, having a skilled top defense attorney can be the difference between spending a lengthy time in jail or prison, or going free. Facing a criminal charge does not mean a conviction. Having the leading lawyers from the O’Malley Law Office at your side, can make a real difference. We have a reputation of being aggressive and fighting for our clients. You need an experienced criminal defense lawyer to help you navigate the court system if you are criminally charged with Eavesdropping or Wiretapping, so give us a call today.
If you or someone you love has been charged with Eavesdropping or Wiretapping, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009. Together, we can protect your future.
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