Have you been falsely accused of Harassment in Weld County? Many people don’t realize that a criminal Harassment charge can happen if you intentionally bother, annoy, or alarm someone repeatedly by contacting them, using obscene gestures, hitting, taunting, or following them in public. Our defense lawyers have successfully defended Harassment cases for many years and can help you. Below, the attorneys discuss the 5 facts you should know about a Harassment Charge in Weld County and why you should hire a knowledgeable lawyer.
- Greeley, Colorado, Definition of Harassment, C.R.S. 18-9-111
- Examples of Criminal Harassment in Weld County
- Penalties and Sentence for Harassment in Greeley, Colorado
- Weld County Defenses Against a Harassment Charge
- Why is Harassment the Most Charged Crime in all of Colorado?
#1. Greeley, Colorado, Definition of Harassment, C.R.S. 18-9-111
In Greeley, the definition of Harassment, 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
(d) Repealed.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.
It is important to note that there needs to be an intent to harass by the accused person as well as their actions consistent with the descriptions listed above. Harassment also does not have to be in-person, but can also happen by words, letters or action via a phone or online.
#2. Examples of Criminal Harassment in Weld County
Harassment is a broad criminal charge that can be interpreted in many ways. Some examples of Harassment in Weld County can be:
- A teen receives repeated texts that express hateful sentiments from a classmate.
- Ron follows Sue through a store and makes her feel alarmed.
- A bar patron uses foul language and provokes a fight with another customer every time they are in the bar together.
- An ex-girlfriend repeatedly emails, and messages her ex using vulgar language and threats against a man’s girlfriend.
It is important to note that Cyberbullying is a subset of Harassment and has led juveniles to face Harassment charges. This can happen if they intentionally harass someone via the phone, texts, or social media.
#3. Penalties, Punishment and Sentence for Harassment in Greeley, Colorado
Harassment is considered either a class 1 or 2 misdemeanor, depending on the subsection above. Paragraphs 1(a) and 1(c) are class 1 misdemeanors. . The charge will also be elevated to a class 1 misdemeanor if the behavior takes place due to the subject’s race, religion, ethnicity or national original. A class 1 misdemeanor can carry penalties of up to 364 days in jail and/or a fine of up to $1,000. As a class 2 misdemeanor, Harassment can carry substantial consequences, including up to 120 days in the Weld County Jail, a fine up to $750, or both
#4. Weld County Defenses Against a Harassment Charge
In Weld County, a Harassment charge can be defended in many ways. However, the specific details of your case must first be considered. There are some common defenses that can be used when facing any Harassment charge. These charges can frequently stem from pre-existing relationships and the arguments two people have. The intention of the person who brought the charges can be questioned under the circumstances of the relationship. Different couples use different language. What might be very offensive with one couple is common with another. Defendants can be falsely accused, and prior incidents of a spouse or ex lying or making false accusations is very relevant for a jury. Another defense is that the defendant never intended to annoy, harass, or alarm. Maybe the couple regularly talks a certain way. Also, the prosecution has the burden to prove your intent, and if you’ve remained silent with police, intent can be difficult to prove. Last, free speech can be used to defend against a Harassment charge. If the victim consented to the content of the speech or the means of commission of the conduct, consent could be a useful defense.
#5. Why is Harassment the Most Charged Crime in all of Colorado?
A Harassment charge in Colorado fits the conduct of people when no other crime can. It is a broadly worded crime, meant to be the wildcard when cops can’t make what happened fit under any other law. Imagine the hundreds of situations which fit into these two subsections:
(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.
The lawyers at the O’Malley Law Office have more than 30 years of experience in criminal Harassment cases. Trust your life, job and future with some who has the skills to help you.