Our top criminal defense lawyers frequently see Harassment and Domestic Violence / DV charged together. What this means is that if the defendant is convicted of his charges, he will face penalties for the Harassment charge, plus additional penalties for the Domestic Violence sentence enhancer. The underlying offense may entail incarceration at the Larimer County Jail and a fine of hundreds of dollars. When a DV sentence enhancer is added, however, the defendant will be required to pay for and successfully complete Domestic Violence treatment. Below, our top criminal defense lawyers discuss:
1. Definition of Harassment, C.R.S. 18-9-111, at the Larimer County Courts
The definition of Harassment, C.R.S. 18-9-111, as used at the Larimer County Courts, is:
(a) Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact; or
(b) In a public place directs obscene language or makes an obscene gesture to or at another person; or
(c) Follows a person in or about a public place; or
(e) Directly or indirectly initiates communication with a person or directs language toward another person, anonymously or otherwise, by telephone, telephone network, data network, text message, instant message, computer, computer network, computer system, or other interactive electronic medium in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone, computer, computer network, computer system, or other interactive electronic medium that is obscene; or
(f) Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation; or
(g) Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another’s home or private residence or other private property; or
(h) Repeatedly insults, taunts, challenges, or makes communications in offensively coarse language to, another in a manner likely to provoke a violent or disorderly response.
By this definition, Harassment is charged when one person engages in one or more acts that are likely to result in annoyance or alarm to another.
2. Colorado Law on Domestic Violence, C.R.S. 18-6-800.3 in Loveland and Estes Park
Colorado’s law on Domestic Violence, C.R.S. 18-6-800.3, as it is used in Loveland and Estes Park, is as follows:
Domestic Violence / DV is not a criminal charge, but a sentence enhancer. It is charged along with another crime when the victim was in an intimate relationship with the defendant at any point. This means that if the defendant and victim were ever in a romantic relationship, or they parented a child together, the defendant will be given a DV sentence enhancer. If the defendant is convicted, she will face additional penalties for Domestic Violence.
3. When Harassment and Domestic Violence are Charged Together in Fort Collins
We frequently see Harassment and Domestic Violence charged together in Fort Collins. Often, what happens is that a girlfriend breaks up with her boyfriend, seemingly out of the blue. Devastated, the ex-boyfriend calls and texts his girlfriend repeatedly, trying to figure out why she ended the relationship. You can imagine his surprise when Fort Collins Police later arrive at his door with a warrant for his arrest for Harassment and Domestic Violence.
Instances like these are common. It is understandable to be upset if this happens, and a visit from the Fort Collins Police is unduly harsh. This is especially given the fact that they are required by Colorado law to make an arrest when dispatched on a DV call. If you found yourself in a scenario like this, you need to call a top criminal defense lawyer as soon as possible.
4. Talk to a Top Larimer County Criminal Defense Lawyer Today
If you have been charged with Harassment with a DV sentence enhancer, you need to talk to a top Larimer County criminal defense lawyer today. Harassment can be a petty offense or misdemeanor, which will result in up to a year at the Larimer County Jail and a $1,000 fine. Additionally, because of the Domestic Violence sentence enhancer, you will be required to pay for and undergo DV treatment. You will be treated like a “wife beater” at the Larimer County Courts, all because of a simple mistake you may have made. Don’t let this happen to you, and talk to an experienced lawyer. Your lawyer will represent you at your hearings so that you do not have to face these overly harsh consequences alone.
Have you been charged with Harassment with a Domestic Violence sentence enhancer? Do not talk to Fort Collins Police or the Larimer County Sheriff – they are trying to gather evidence against you. Then contact a top criminal defense lawyer with decades of experience at the O’Malley Law Office today at (970) 658-0007 to talk about your case. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 LaPorte Avenue, Fort Collins, Colorado. We’ll see you there!
Photo by Andrea Piacquadio