In Fort Collins and Larimer County, Harassment and 3rd Degree Assault are both charges that can result from having unwanted physical contact with another person. In fact, the same contact could be charged either way depending on one specific aspect – did the contact cause pain? When talking with a Larimer County Sheriff Deputy or Fort Collins Police Officer, if a person claims they were physically touched – like a push or shove, the officer will always ask if that contact resulted in physical pain. The answer usually determines whether the result is the lesser charge of Harassment or the greater charge of Third Degree Assault.
Fort Collins Harassment Lawyer: Definition of Harassment in Larimer County
The Larimer County, Colorado law definition of Harassment – C.R.S. 18-9-111 – 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
(d) Repealed.
(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.
The subsection under question here is (a). If you intend to harass, annoy, or alarm someone and end up pushing, shoving or kicking them, you may be charged with the class 3 misdemeanor Harassment.
Definition of Assault in the Third Degree in Loveland and Estes Park: Difference Between Harassment and Assault
In Fort Collins, Loveland, and Estes Park, Assault in the Third Degree – C.R.S. 18-3-204 – is defined as:
(a) The person knowingly or recklessly causes bodily injury to another person or with criminal negligence the person causes bodily injury to another person by means of a deadly weapon; or
(b) The person, with intent to harass, annoy, threaten, or alarm another person whom the actor knows or reasonably should know to be a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, causes the other person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or toxic, caustic, or hazardous material by any means, including throwing, tossing, or expelling the fluid or material.
So, the main difference here is causing bodily injury, which in Colorado, just means that the person felt pain from the contact. So, if you slapped someone across the face and the person said there was no pain- then it is Harassment. If they claim to have felt pain, then it is the class 1 misdemeanor Third Degree Assault – for the exact same action!