In Weld County Court, anyone can be charged with Harassment if they intentionally bother, annoy, or alarm another repeatedly through contact, obscene gestures, hitting, taunting, or following them in public. This is different than Disorderly Conduct, where a defendant can face both criminal charges within one incident. Recently, a Restaurateur had a warrant issued against him after he allegedly yelled at, hit, kicked, and made rude gestures to a woman who he alleges came close to hitting his kids in a hotel parking lot. Below, our attorneys will evaluate this case to see if it falls within the criminal definition of Harassment and Disorderly Conduct. If you are facing either a Harassment or Disorderly Conduct charge, hiring a skilled attorney can get you the best outcome in your case. In many cases we obtain reduced charges, probation, and even dismissal of cases.
Legal Definition of Harassment, C.R.S. 18-9-111, in Greeley, Colorado
In Greeley, the legal definition of Harassment, C.R.S. 18-9-111, is:
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 at another person; or
(c) Follows a person in or about a public place; or
(d) Repealed.
(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.
In the story above, if the prosecutor can prove that the man had physical contact with the woman, or while in public he made rude gestures or followed her into the hotel, then he could possibly be convicted of Harassment. Without more specifics and details of this case, it is difficult to know how strong the evidence is. Our criminal defense attorneys help many people facing a criminal charge of Harassment. It changes the course of any criminal charge when a defense lawyer is present in court to present your side of the store. Always get an experienced defense attorney fighting for your rights.
Definition of Disorderly Conduct from C.R.S. 18-9-106, in Weld County
The definition of Disorderly Conduct, under C.R.S. 18-9-106, in Weld County is:
A person commits Disorderly Conduct if he or she intentionally, knowingly, or recklessly:
(a) Makes a coarse and obviously offensive utterance, gesture, or display in a public place and the utterance, gesture, or display tends to incite an immediate breach of the peace; or
(c) Makes unreasonable noise in a public place or near a private residence that he has no right to occupy; or
(d) Fights with another in a public place except in an amateur or professional contest of athletic skill; or
(e) Not being a peace officer, discharges a firearm in a public place; or
(f) Not being a peace officer, displays a real or simulated firearm, displays any article used or fashioned in a manner to cause a person to reasonably believe that the article is a firearm, or represents verbally or otherwise that he or she is armed with a firearm in a public place in a manner calculated to alarm.
The definition of Disorderly Conduct is broad. Yet even with this, a person cannot be charged unless they “intentionally, knowingly, or recklessly” disturb the peace. In the above story, if the man disturbed the peace when he approached the women with utterances or gestures, he could be convicted of Disorderly Conduct.
Examples of Harassment and Disorderly Conduct in Windsor, Severance, or Ault, Colorado
It is important to understand the criminal charges that you face. A Harassment or Disorderly Conduct charge can often get confusing, so lets look at some common examples of each.
Examples of Harassment:
- Calling a person multiple times
- Following a person and showing up repeatedly where they will be in public
- Yelling or making obscene gestures at a person with intent to harass or annoy them
- Using a computer or cell phone to repeatedly contact and harass a person
Examples of Disorderly Conduct:
- Fighting in a bar or public place
- Displaying a firearm in public
- Firing a firearm in public
- Shouting or yelling and causing a disruption in public
In both Harassment and Disorderly Conduct, a defendant has to act “intentionally” or “with intent” and their conscious objective is to cause the specific result defined by the statute defining the offense.
What are the Sentence and Penalties for a Disorderly Conduct and Harassment Conviction in Weld County?
In Weld County, the punishment and sentence for Disorderly Conduct is most often a petty offense for fighting or obscene utterance, with penalties including a fine of up to $300, up to 10 days in the Weld County Jail, or both. However, if you discharge a firearm in public, it is a class 1 misdemeanor which carries the most severe penalties of up to $1,000, 364 days in the Weld County Jail, or both. For a Harassment conviction, it is common for a class 2 misdemeanor result with penalties of up to 120 days in the Weld County Jail and up to $750 in fines.
Hire a Top Harassment or Disorderly Conduct Attorney in Greeley, Colorado
Due to the broad number of behaviors which others find offensive in Greeley, nearly anything can be charged. Police in Greeley just want to close out a case and move on to another. Many people know that they can gain quick revenge by making up a story and calling the police. It is important to have a criminal defense lawyer who will aggressively challenge every detail of an alleged victim on court. Don’t let the legal system run over you. The attorneys at the O’Malley Law Office have over 30 years of experience and success defending against Harassment and Disorderly Conduct charges. We won’t let you be unnecessarily convicted of anything.