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Harassment is one of the broadest charges an individual can face in Colorado, and it’s often used against someone when the police or the district attorney can’t find other criminal charges to pursue.

While many conflicts that result in harassment charges are minor, associated misdemeanor or felony convictions can have life-changing consequences. The Denver criminal defense lawyers at Wolf Law have extensive experience in harassment cases, and we take harassment charges very seriously—even if they stem from a seemingly trivial event.

If you’re facing harassment charges in Colorado, call Wolf Law at 720-479-8574 or contact us online for a free consultation.

How Does Colorado Define Harassment?

infograph about harassment charges in ColoradoColorado’s revised statute defines harassment in broad strokes, but it does specify that the perpetrator’s intent must be to harass, annoy or alarm another person.

Once intent is established, harassment may apply to:

  • Hitting, shoving, kicking, or other physical contact
  • Obscene language or gestures directed at another in a public place
  • Following another in a public place
  • Repeated phone calls with no intention of conversation
  • Engaging communication at inconvenient hours that interferes with the use and expected privacy of a person’s residence or private property
  • Persistent insults, taunts, challenges, or coarse language that is likely to provoke a violent or disorderly response

Colorado’s harassment statute defines certain terms in more detail. For example, “obscene” is defined as “a patently offensive description of ultimate sexual acts or solicitation to commit ultimate sexual acts…” Whether or not the acts are real or simulated, and regardless of whether the stated acts come to fruition is irrelevant for harassment charges to be filed.

Digital Harassment: Kiana Arellano’s law

In 2015, Colorado state legislators approved House Bill 1072, also known as Kiana Arellano’s Law. The law is named after a Highlands Ranch teen who was the victim of frequent cyberbullying attacks. She attempted suicide and survived, but was left permanently disabled.

Kiana Arellano’s Law was added to the harassment statute because lawmakers agreed that cyberbullying could transform into criminal harassment. The law prohibits obscene language, or language intended to harass or threaten bodily injury or property damage toward another person, anonymously or otherwise, by:

  • Telephone
  • Data network
  • Text or instant message
  • Computer or computer network
  • Other interactive electronic medium (such as social media)

Colorado Harassment Penalties

infograph representation of harassment penalties in ColoradoHarassment alone is charged as a class 3 misdemeanor, punishable by fines up to $750 and six months in county jail.

Harassment, however, becomes a class 1 misdemeanor if the perpetrator “commits harassment … with the intent to intimidate or harass another person because of that person’s actual or perceived race, color, religion, ancestry, or national origin.” Class 1 misdemeanors are punishable by up to 18 months in jail and a maximum fine of $5,000.

Although harassment itself is a misdemeanor, it can escalate to potential felony charges. Harassment and stalking, for example, share similarities as criminal acts, but the penalties for stalking are more severe. A first-time stalking charge is a class 5 felony that is punishable by up to three years in jail and a maximum fine of $100,000.

Legal Defense for Harassment Charges

There are several legitimate defenses available to combat criminal harassment based on the circumstances of the charges. Defenses in Colorado harassment cases include but are not limited to:

  • The accused did not make the communication as reported
  • The accused made no physical contact with the alleged victim
  • The accused did to intend to annoy, harm, or alarm anyone
  • The communication in question was not obscene or offensive
  • The described harassment was not motivated by race, religion, ancestry, or national origin
  • The communication was constitutionally protected (i.e., political protest, customer complaint, etc.)

Colorado’s harassment statute is specific in that it is “not intended to infringe upon any right guaranteed to any person by the First Amendment to the United States Constitution or to prevent the expression of any religious, political, or philosophical views.”

If you’ve been charged with harassment in Colorado, you need a criminal defense attorney who understands the intricacies of the state’s harassment law. Please call Wolf Law at 720-479-8574 or contact us online to arrange your free consultation.

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Amazing Service and Representation

I had the pleasure of working with Cassandra on a petition I was making to the court. Cassandra’s representation was amazing. She communicated exactly what would be required of me. She set realistic expectations of how the process would work and kept me updated on where my petition was i the judicial process. I give Cassandra Monahan and Wolf Law my highest recommendation if you need someone on your side in the judicial system.

Thank you Cassandra for everything you did. I appreciate you!!!

— Mark J.

Great Attorney

I contacted Mr. Wolf through a reference from a separate out-of-county attorney’s office. I was very pleased with his professional attitude and staff, but mostly the results he was able to achieve for my case. I would definitely recommend Jeff and hire him again if I ever need to.

— Jeremy

Deferred Sentence, Sealed Record For Pot Possession

In July of 2009 I was charged with possession of marijuana. I contacted Jeff with Wolf Law and worked with him to find my best options. Jeff was very knowledgeable, honest and professional. He worked quickly and effectively to get me a deferred sentence and ultimately seal the record of this infraction. I also had a prior charge that was many years old that was also a deferred sentence. Jeff worked to seal that record in order help maintain my privacy. I now have used this ability to change my field of work and pass a background check with no infractions visible on my record. My life is moving onward and upward due to the help that was provided by Wolf Law. Thank You Jeff!

— John

Case Dismissed

I met with a probation violation complaint for a DUI in Summit County. I live outside of Colorado, in Boston. I felt hopeless. I felt like my only option was to travel out to Colorado, give myself up and just see what happened. That would have meant jail and thus loss of job and loss of house.

I called Jeff and talked to him about my case. His experience in this area put me at ease. Jeff guided me through everything I needed to do to see this case through. The greatest thing is that I never had to leave home to clear this up. At the end of the day Jeff cleared my case (Case Dismissed) without me ever leaving Boston. Jeff is incredible, and his team is equally amazing.

I can’t thank Wolf Law enough for what they have done for me. I have a new outlook on life thanks to Jeff.

— Matt P.

Colleen is wonderful!

Colleen was so helpful and it was comforting to have her knowledge and experience working on our emergency. She took a process we had no experience with and made us feel secure and empowered. She did so much for us, and I can’t thank her enough or recommend her more highly!

— James Sehota

Working With Jeff

Mr. Wolf was very patient and understanding while working with me to get through my case. He took his time explaining things to me and telling me what I needed to do to prepare. He found a way to get me the best realistic outcome for my case.

— Eren

Ms. Kelly was a professional rock for us!

We found ourselves in an unimaginable situation with criminal charges pressed against my husband relating to a firearm. We were both petrified. Especially with the gun climate we find ourselves in. Neither of us had ever been in trouble with the law and after a terrible accident, we found just that. Ms. Kelly is extremely professional and knowledgeable of the legal system. She took the time to explain everything to us and prepare us for what would follow.

We are happy with the outcome of the case and would highly recommend Ms. Kelly to anyone who may find themselves in our situation.

— The Taylors

Cassandra Monahan

Cassandra has represented me several times. She has always been professional and effective. The outcomes were better than expected and communications and empathy were top-notch. I would highly recommend!

— Aaron Olson

Case Dismissed

I contacted Wolf Law to represent and guide me through legal troubles caused by an unfortunate night of events. I was put in contact with Ms Monahan who was very thorough in explaining the process and was able to file a last minute overseas trip and get court approval for several out of state work trips while the case was still pending. This allowed me to maintain my job responsibilities without awkward conversations or interruptions.

Just months after the incident, Ms Monahan and Wolf Law were able to get the case dismissed and the records sealed. I certainly hope and intend on never needing to call Wolf Law again but if I had to, I would not hesitate to call them again.

— Roger

Professional and Knowledgeable

I cannot be happier with Jeffrey Wolf’s representation in my court case. He was very direct, no time wasted. Very professional, and above all very knowledgeable and qualified as an attorney. I was facing felony charges that were unfounded and Mr. Wolf saw the truth immediately, believed in me despite the allegations and got all charges dismissed. He always kept me informed and current with his progress, and offered very sound advice. I also would consider him a friend as well. I highly recommend Mr. Wolf to anyone needing serious legal counsel.

— Bill F.