Colorado Harassment Defense Attorney

Do You Need A Skilled Harassment Defense or Domestic Violence Defense Attorney

Harassment is typically a misdemeanor offense in Colorado, but it can have significant consequences. It can be charged in county courts and municipal courts, and it can come with jail.  If you’ve been arrested and charged with harassment or domestic violence, contact with Defense Attorney Lawrence today. Our Criminal Defense attorney is in Aurora, but we regularly represent clients in Arapahoe County, Douglas County, Adams County, and the Denver Metro Area.

These types of cases required a skilled litigator. A common tactic of district attorneys is to file a harassment charge with an assault charge. Their thinking is a jury may find a defendant not guilty of assault but think the defendant did something wrong so convict of the harassment.

What is the definition of Harassment under Colorado Law?

Harassment is doing a listed action with the intent to harassment, annoy, or alarm. The intent part of the definition is important because it speaks to the mental state needed to commit the offense. It does not depend on whether the victim felt harassed, only if it was your intent.

The statute details a list of actions that fall within the category of harassment. This includes the following:

• Striking, kicking, shoving, or having offensive contact with the victim.

• Using obscene language towards someone

• Following a victim.

• Calling or text a victim repeatedly.

• Insulting or taunting a victim.

In cases dealing with electronic communication, the crime is deemed to have occurred where the communication was made or received. This means that you can send a text from Weld County to El Paso County and potentially be charged in Colorado Springs.

The specific language of harassment can be found at Colorado Revised Statute § 18-9-111. Harassment is a misdemeanor offense. If the actions are repeatedly committed, it could be possible for a prosecutor to file a stalking charge. Stalking is a class 5 felony in Colorado.

What is the punishment for harassment in Colorado?

Harassment is a class 3 misdemeanor. It is punishable by up to six months in jail. A defendant can also be fined $50 to $750. Probation is also an option.

If the victim was harassed because of race, religion, gender, sexual orientation, or any other protected class, it is a class 1 misdemeanor. A class 1 misdemeanor can be punished by up to a year in jail or a fine of up to $1,000. Probation is also available.

Most municipal courts have harassment with language that is identical to the Colorado Statute. Municipal ordinance violations can typically receive a fine of up to $2,650 or a year in jail. It is important to look at the city code for each individual city. For more information, please visit our municipal ordinance defense section.

Harassment can also be considered a domestic violence case. This requires a finding that the victim was in an intimate relationship with the defendant. It is also any crime committed for the purpose of harassment, intimidation, or control. The definition of harassment puts it into domestic violence.

 Domestic Violence is a sentence enhancer in Colorado. This typically means a defendant would be required to do domestic violence counseling and treatment and probation. Multiple previous charges of harassment can result in jail. A defendant can also lose their gun rights.

For more information, please visit our domestic violence defense section.

What Are Common Defenses to Harassment?

If the harassment involves physical contact, a good harassment defense will always have a self-defense claim. Self-defense involves the use of force to defend yourself against an attack. It is always important to speak with a self defense attorney to understand your options. 

There are free speech defenses if the person was using “offensive language”. While we may not agree with everything our neighbors say, people do have the right to say highly offensive things. The question in a criminal court is not whether the person said something good or bad, it is always of question of whether they broke the law.

Finally, the intent element is always a place to look when considering defenses. It is important to remember the defendant’s intent is what is at issue and not how the victim felt. If I mistakenly follow someone thinking I’m following a friend, I can always argue the intent to alarm or annoy wasn’t there.

Speak with A Qualified Criminal Defense and Harassment Defense Attorney Today

No two criminal cases are the same, and each case and each defendant requires a criminal defense lawyer to tailor a defense to their case and goals. If you are charged with a Harassment or Domestic Violence Offense in Aurora or the Denver Metro Area, request a consultation today and legal advice.

We are open during regular business hours, and we will stay late and be available on the weekends if necessary. Schedule a free consultation with a Criminal Defense Attorney or Domestic Violence Defense Attorney from the Lawrence Law Firm. We are ready, willing, and able to represent you.

Request a free consultation from a criminal defense attorney today.