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.
An unconstitutional search can result in drug evidence being thrown out of court entirely, and without that evidence, prosecutors in Colorado often cannot prove the case.
Both the U.S. Constitution and the Colorado Constitution protect individuals from unreasonable searches and seizures, and Colorado courts have at times interpreted the state constitution to provide broader protections than those required by federal law. At the Law Office of Kimberly Diego, our Denver
Colorado’s habitual criminal law allows prosecutors to triple or quadruple the maximum sentence on a new felony when a defendant has prior felony convictions, and in some scenarios it mandates life in prison with no parole for 40 years. Two prior felonies within ten years can turn a class 4 felony with a six-year maximum into an 18-year sentence. The Law Office of Kimberly Diego has defended Colorado criminal charges
The plea deal process is a key part of the criminal justice system in Denver, CO. Rather than proceeding to trial, a defendant may be offered a plea agreement by the prosecution to plead guilty to a lesser charge or to obtain a reduced sentence. While plea deals can provide certainty and potentially minimize penalties, they also carry significant long-term consequences, including criminal records, probation requirements, fines, and other collateral
