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.
In Colorado, the law permits self-defense, but only under specific conditions. What begins as a self-protection claim can easily spiral into a criminal charge if the facts are misread or misrepresented. That’s why understanding how self-defense is treated under Colorado law can be the key to protecting your freedom.
At the Law Office of Kimberly Diego, we’ve represented clients in cases where force was used for one reason only: survival.
If you or a loved one is facing a challenging situation regarding the Colorado Red Flag Law, you may be feeling overwhelmed and unsure of where to turn for help. The Colorado Red Flag Law allows for the temporary seizure of firearms from individuals who pose a danger to themselves or others. This delicate legal matter requires a strong and experienced defense.
When carrying the weight of a criminal record, it doesn’t just sit in the background. It shows up in places that matter – job applications, apartment hunting, and even volunteer opportunities. If you’ve served your sentence, completed probation, or had your case dismissed, it’s fair to wonder whether Colorado allows you to clear the slate. The answer is yes, but not always – and not without strategy.