Harassment is a Class 3 misdemeanor. Harassment charges often occur in the domestic violence context, but are not limited to domestic violence situations. A conviction for harassment can result in a sentence of imprisonment in the county jail of up to 6 months.
In order to prove the crime of harassment, the prosecutor must establish that you intended to harass, annoy, or alarm the victim, and did one of the following:
Striked, shoved, kicked, or otherwise touched a person or subjected him to physical contact
In a public place, directed obscene language or made an obscene gesture to or at another person
Followed a person in or about a public place
Initiated communication with a person, by telephone, computer, computer network, or computer system in a manner intended to harass or threaten bodily injury or property damage, or made any comment, request, suggestion or proposal by telephone, computer, computer network, or computer system that is obscene
Made a telephone call or caused a telephone to ring repeatedly, with no purpose of legitimate conversation
Made repeated communications at inconvenient hours that invaded another’s privacy and interfered in the use and enjoyment of another’s home or private residence or other private property
Repeatedly insulted, taunted, challenged, or made communications in offensively coarse language to another in a manner likely to provoke violent or disorderly response.
What can constitute a harassment charge may surprise you. For example, spitting on another can constitute “physical contact” sufficient to constitute harassment. Oftentimes, individuals are charged with harassment under situations which may present First Amendment defenses based on constitutionally protected speech. In other situations, it may be possible to disprove a harassment charge by establishing that the defendant did not possess the requisite intent.
Not every encounter with law enforcement in Denver is lawful. Police stops must comply with constitutional standards for protection against unlawful searches and seizures. When these standards are not met, your Denver criminal defense lawyer can challenge the evidence obtained during the stop. In some cases, this could result in reduced criminal charges or even dismissal.
If you are charged with a driving criminal case in Denver, the criminal defense
When someone breaks into your Denver home, split-second decisions can mean the difference between life and death. Colorado’s “Make My Day” law gives homeowners legal protections to use force, including deadly force, against intruders, but these protections come with specific requirements many people misunderstand.
At the Law Office of Kimberly Diego, our Denver criminal defense attorneys help clients statewide who face charges after defending themselves at home. Understanding how Colorado’s
If you’ve been convicted of a crime in Colorado, the journey doesn’t necessarily end with a conviction. The criminal appeal process allows defendants to challenge legal errors that may have affected the result of their case. You need to understand what happens during an appeal to help you make informed decisions and preserve your rights. In Denver, having a criminal defense attorney experienced with Colorado’s appellate procedures can make a
