Harassment and Domestic Violence are often charged together in Weld County. A Harassment charge is easy for victims to claim, and then Domestic Violence (also known as DV) is added to any crime involving people who are or have had an intimate relationship. Recently, a Denver Police Officer was charge with Harassment, Menacing, and Domestic Violence, after getting drunk at a party. The Officer and a woman got into an argument where her hair was pulled and a gun may have been pointed at someone. Below, our experienced Harassment and DV criminal defense attorneys will look at these charges and give you a better understanding of the best way to defend against them in court.
Legal Definition of Harassment, C.R.S. 18-9-111, in Colorado?
In Greeley, Ault, Milliken, and across Colorado, 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(d) Repealed.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 case above, the police officer could be found guilty of Harassment if he pulled the woman’s hair, or while they were fighting, he used obscene language. DV can then be charged if it was found that he and the woman were in an intimate relationship or had been in a relationship in the past. Without the prior intimate connection, he’d just be charged with simple Harassment.
Definition of Domestic Violence in Weld County – What is DV?
In Weld County, Colorado, Domestic Violence is not a criminal charge by itself. Instead, it is a Sentence Enhancer which is added onto a criminal charge anytime a crime happens between two people who are in or have been in an “intimate relationship.” Because Harassment is such a broad and vague charge, it is easy to see that most any physical contact will qualify for the charge. On top of that, if you get into a fight with a person you dated recently or years ago, you could face both a Harassment charge and a Domestic Violence Sentence Enhancer. If either of you had the first physical contact, police officers will arrest that person. Initial Weld County Jail time is mandatory upon arrest.
Self Defense is a Powerful Tool in any Harassment or Domestic Violence Case
Colorado has a powerful defense known as Self Defense. This is what lawyers call an Affirmative Defense. In using this tool, the defendant first admits that they had physical or “unlawful” physical contact with another. Next, they say such contact was necessary to defend themselves from the use or imminent use of physical contact by the “victim.” Then, once the defense is properly introduced in court, the government has the burden of proving that you were NOT acting in Self-Defense. If they can’t prove it – the jury is instructed to acquit you. This and other defenses are dependent on you not speaking to police or answering their questions.
Sentence and Penalties of Harassment, Domestic Violence in Greeley, Colorado
Most Harassment convictions in Greeley are class 2 misdemeanors, with penalties of up to 120 days in the Weld County Jail and up to $750 in fines. When Domestic Violence is added, the sentence could be harsher, the defendant will be required to attend DV treatment classes and will lose any firearms in their possession (or possibly for the rest of their life).
Why You Need a Harassment + Domestic Violence Weld County Defense Attorney
If you are facing a Harassment Domestic Violence charge, you need to have an attorney who has experience in these charges to fight for your rights. Trying to navigate criminal charges yourself can end with devastating consequences. Get an objective expert who has been to court thousands of times and knows how to apply the law to your facts. Your freedom, finances, and job can be harmed if you are convicted. So, let the attorneys at the O’Malley Law Office help you.
Facing a charge of Harassment or a Domestic Violence charge and headed to the Weld County Courthouse? Be smart and exercise your right to remain silent. Contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!
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