In Greeley and throughout Weld County, Domestic Violence is not an independent crime but may be added to a crime such as Harassment as a “sentence enhancer.” Colorado is one of the few states with a mandatory arrest policy for domestic violence. That means a Greeley police officer is required to arrest someone when he or she believes a crime which involves domestic violence was committed (such as Domestic Violence Harassment), regardless of whether the alleged victim wants to press charges. This is often a huge surprise to people who call the Greeley Police to come and settle another person down or ask them to leave for the night. Many times, the caller themself is arrested.
What is the Definition of Domestic Violence in Greeley, Colorado?
In Greeley and throughout Colorado, the definition of Domestic Violence – C.R.S. 18-6-800.3 – is:
Weld County Sheriff deputies love this very broad definition because it gives them the opportunity to increase the charges against you, giving them more recognition from their supervisors. Never assume the Police or Sheriff will stop by for a stern warning. Someone is almost always arrested.
What Counts as Harassment in Greeley, Colorado? Definition of Harassment in Weld County?
The Greeley, Colorado legal definition of Harassment under C.R.S. 18-9-111 is:
(a) Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact; or
(b) In a public place directs obscene language or makes an obscene gesture to or at another person; or
(c) Follows a person in or about a public place; or
(e) Directly or indirectly initiates communication with a person or directs language toward another person, anonymously or otherwise, by telephone, telephone network, data network, text message, instant message, computer, computer network, computer system, or other interactive electronic medium 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, computer system, or other interactive electronic medium that is obscene; or
(f) Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation; or
(g) 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
(h) Repeatedly insults, taunts, challenges, or makes communications in offensively coarse language to, another in a manner likely to provoke a violent or disorderly response.
Greeley Harassment is Easy to Charge and Many Ways to Occur
Under this Greeley, Colorado Harassment statute, there are many common actions that Greeley police officers can use as a basis to charge someone with Harassment – and notice how many of the actions listed above are vague. As a result, Harassment is very often and very easily charged in Weld County, Colorado. Simply yelling at someone in a typical argument may end with a Harassment charge. You might wonder, “why have I also been charged with Domestic Violence?” This may occur because Weld County or Greeley prosecutors believe that you, the accused harasser, have or has previously had an intimate relationship with the alleged victim. If so, they will not hesitate to add a Domestic Violence charge. Importantly, an “Intimate relationship” could include a non-sexual relationship. That means someone you have simply gone on a single date with could be someone who you are considered to be in an intimate relationship with.
What is the Sentence for Domestic Violence Harassment in Greeley and Weld County, Colorado?
Typically, a Domestic Violence Harassment charge is considered a class 3 misdemeanor in Greeley, Colorado. In Weld County, Colorado, a class 3 misdemeanor is punishable by up to six months in jail or probation, a fine of $50 to $750, or both. But a Domestic Violence Harassment may become a class 1 misdemeanor, if the motive is related to a person’s race, color, religion, ancestry, or national origin. In this situation, the charge carries 6 to 18 months of jail time, a fine of $500 to $5,000, or both.
Additionally, Domestic Violence Harassment charges often carry with them restraining orders, also known as protection orders. Such an order can deprive you of your right to possess a firearm. With many couples, the charged person is not allowed to return home for some time.
Why Hire an Attorney when Accused of Domestic Violence Harassment in Greeley, Colorado?
As you can see, a Domestic Violence Harassment charge is a big deal since you could face jail time, fines, loss of rights, and it will be on your permanent record. Having a Domestic Violence lawyer at your side when you go to court could result in a less serious charge on your record, having the charge on your record for a shorter period, or a dismissal of the charges altogether.
If you or a loved one has been accused of Domestic Violence Harassment in Weld County or Greeley, Colorado, be smart, exercise your right to remain silent, and contact the leading criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule your free initial consultation. Together, we can protect your future.
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