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

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I was charged with my first DUI and was referred to Jeff by a friend of mine. He gave me a realistic expectation of what would happen and is an expert at navigating the process. Jeff is always incredibly quick to respond and is very knowledgeable. He is professional and represented me well in the courtroom. The experience of being charged with a DUI is a terrible, humiliating and challenging event – having an experienced attorney was priceless!

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I was falsely accused of a crime with serious consequences, was very depressed and got even more depressed and frustrated as I was interviewing attorneys to defend me. They had a broad spectrum of approaches and some were ready to head to trial immediately as it seemed they were primarily interested in battles and my money rather than my best interests. The first one was extremely arrogant and rushed to get me off the phone. My court appearance date was approaching and I was ready to give up when I came across Jeffrey’s website. I read he had once also been falsely accused which motivated him to become an attorney. After further reading, his philosophy appealed to me so I set up a free session.

I met with Jeffrey and told him what happened. He explained the alleged crime and potential consequences and then spoke about himself and his approach. I spent more time than the “free time” allocated but was never rushed. He listened, believed me and was really genuine as I had not witnessed before with other attorneys.

By the time we finished talking, I felt respected and not disrespected as I found out with this accusation, you are guilty until proven innocent from most everyone’s perspective. I hired Jeff on the spot and when I left his office, I felt this big burden lifted off my shoulders as I knew I could trust him to do his best for me. I was finally able to sleep that night and after several weeks able to put this out of my mind as being the constant main focus.

If you are seeking a very knowledgeable, trustworthy, caring, honest and respectful attorney, Jeffrey fits the bill. He is a great listener and never rushed me even with a flat fee rate. He has a good rapport with the Court who also respectfully listens to him. He is well spoken in the courtroom. I have seen him in several cases reaching very good settlements for his clients. On my case, he provided me his opinion with his rationale as to how I should proceed but allowed me to then make a decision as to go to trial or take a plea bargain. He would fully support my decision either way. Jeff is very good in providing the pros and cons, risks, and potential scenarios that may play out. My case will be dismissed shortly and record sealed as a result of Jeff’s hard work, negotiations, poking holes in the accuser’s story pre-trial, and dedication to my satisfactory case resolution. If you want the best, look no further as you have found him. Thank you Jeff!

— David C.

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I hired Jeff Wolf to represent me for a DUI and accident involving damages. While I knew I was 100 percent in the wrong, Jeff never once made me feel like a terrible person for making a mistake. He quickly responded to emails and always called me back quickly when I had questions (I had a lot of questions). I’ve never been in trouble with the law before, and Jeff was patient in explaining everything thoroughly to me throughout the entire process, and was also able to get my sentence reduced. I recommend him to anyone going through a similar situation.

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Wolf Law LLC is an exceptional law firm that I would recommend to all in search for legal help or advice. I had a troublesome case, it had me very worried and distraught, I had no idea what to do. I talked with Jeff in a FREE consultation, he was very knowledgeable and understanding of my situation, it had made me feel a lot more comfortable about my case and the position I was in (as if I was family). Every time there was something new about my case or even if I had questions, I felt comforted and relieved, Jeff responded very quickly.

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