Harassment Criminal Defense Lawyer in Weld County, Colorado

Harassment Attorney in Greeley, Colorado

Harassment is a surprisingly common crime charged within Weld County, Colorado.  The minimum a person has to be accused of to be charged with Harassment is simply “subject another to physical contact” or offend another person.  Most anything will qualify – and with a host of biased police in Greeley and surrounding cities, you’re always at risk.  While the act may have been unintentional, it can still result in criminal charges and a lengthy battle with the District Attorney at the Weld County Court.  When this happens, it is essential that you hire a top criminal defense lawyer who can defend you and protect your future from the Weld County Court’s power to destroy good people’s lives.

Legal Definition of Harassment, C.R.S. 18-9-111 in Weld County

Harassment, C.R.S. 18-9-111 (also referred to as Kiana Arellano’s Law), is legally defined by the Weld County Court as:

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

(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 a at another person; 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.

Harassment can be charged for a multitude of actions, many which border on being a violation of your constitutional free speech rights.  Essentially, this charge can be boiled down to behavior that is considered offensive, intimidating, or disruptive to another person.  Some people are bothered by simple disagreements of opinion, or you honking your horn due to another’s rude driving.  This offense can  be charged along with many other crimes.  For example, a person who is charged with Harassment for striking or shoving another person may also be charged with Assault in the Third Degree, C.R.S. 18-3-204.  Using obscene language or gestures in public towards another person could result in being charged with both Harassment and Disorderly Conduct, C.R.S. 18-9-106. Imagine the charge of Harassment with Disorderly Conduct added because you raised your voice at someone.

Harassment and Domestic Violence in Greeley, Colorado

In Greeley, not only can Harassment be charged alongside other crimes, but it can also be given a Domestic Violence (DV) sentence enhancer.  This happens when the alleged victim is in an intimate relationship with the defendant – or was in such a relationship years ago.  What happens is that the couple may have separated after a heated argument, and one party continuously tries to call the other in an attempt to reconcile.  The other party calls the Greeley Police to report that they are being harassed by their boyfriend or girlfriend.  Since police officers are required by Colorado law to arrest the alleged harasser since it is a DV case, you can be arrested for trying to reconcile.  If the defendant is later convicted for Harassment, they will not only serve penalties for the Harassment charge, but they will also be subject to mandatory DV treatment and a long-lasting protection order prohibiting them from contacting the “victim.” You could be prohibited from seeing your young children, all because you tried to reconcile after an argument.

Weld County, Colorado Harassment Compared to Stalking, C.R.S. 18-3-602

In Weld County, some accusations that will lead to Harassment charges are similar to Stalking, C.R.S. 18-3-602.  Repeatedly calling another person or following another person around in public are both actions that will result in Harassment charges.  However, the difference is that Stalking is seen as much more insidious of an offense than Harassment and therefore comes with greater penalties.  Stalking is charged when a person repeatedly follows, contacts, watches, or communicates with another person, or someone close to that person.  Stalking may follow a credible threat, but a threat isn’t necessary for the offense to be escalated to Stalking.  Harassment is certainly a serious offense, but not to the same degree as Stalking, which is a felony.

Greeley Sentence and Penalties for Harassment

In Greeley, the sentence and penalties for Harassment can be a petty offense, class 2 misdemeanor, or class 1 misdemeanor, depending on the circumstances.  The table below outlines the sentences and penalties for each act of Harassment:

Action

Sentence

Penalties
  • Directing obscene language or making an obscene gesture to or at another person in a public place
  • Petty offense
  • Maximum $300 in fines
  • Up to 10 days in the Weld County Jail
  • Making a phone call or causing a phone to ring repeatedly without intent to pursue a legitimate conversation, regardless of whether the other person picks up and engages in conversation
  • Attempts to make repeated communications at inconvenient hours, thereby invading another person’s privacy
  • Repeatedly insulting, taunting, challenging, or making communications in offensively coarse language to another person in a way that will likely provoke a violent or disorderly response
  • Class 2 misdemeanor
  • Maximum $750 in fines
  • Up to 120 days in the Weld County Jail
  • Striking, shoving, kicking, or otherwise touching a person or subjecting him to physical contact
  • Following a person around in a public place
  • Any act of Harassment that is motivated by intent to harass a person because of race, religion, disability, or other protected class
  • Class 1 misdemeanor
  • Maximum $1,000 in fines
  • Up to 364 days in the Weld County Jail

In essence, the more intimidating or offensive the act, the greater the sentence and penalties will be. Matters become worse when this law does not specify at what point your phone calls, insults or coarse language become unlawful.  Free speech is constrained because you can be arrested when someone’s feelings get hurt.

Falsely Accused of Harassment in Greeley? | False Arrest Based on Angry Lies of Another

Sadly, it is all too common for Greeley Police to arrest you when you are falsely accused of Harassment.  Many people who are charged with this crime would never dream of intentionally harassing another person – but another calls police first.  Simply touching another person (C.R.S. 18-9-111 uses the language “subjecting to physical contact”) can result in a misdemeanor Harassment charge.  Attempts to communicate directed toward reconciliation may result in your arrest. When this happens, it is important that you hire a criminal defense lawyer and refrain from talking to the Greeley Police.  Your lawyer is the only one who will advocate for you and fight for your innocence at the Weld County Court, not the police, who are congratulated for making arrests.

Hire an Experienced Weld County Harassment Criminal Defense Lawyer

If you are facing Harassment charges in Weld County, it is crucial that you hire an experienced criminal defense lawyer as soon as possible.  If you are charged with Harassment, you could spend time at the Weld County Jail and pay hundreds of dollars of fines.  If you were charged with other crimes as well, or you were charged with multiple counts of Harassment, these penalties will only increase exponentially.  Don’t hesitate to seek the help of Greeley’s best criminal defense attorney.  Your future is at stake, and only with the help of a criminal defense attorney can your future be protected.

HAVE YOU BEEN CHARGED WITH HARASSMENT IN GREELEY OR WELD COUNTY?

Be smart, exercise your right to remain silent, and avoid your accuser. Call the experienced Harassment defense attorneys at the O’Malley Law Office.

Call 970-616-6009 or fill out the Get Help Now form to meet with an experienced criminal defense lawyer in Weld County and the Greeley area for a free consultation. 

Together, we can protect your future.

The location of the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!

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