In Fort Collins and Larimer County, one subsection of Harassment is related to having unwanted physical contact. Specifically – striking someone, shoving someone, or kicking someone may get you charged with Harassment. But, those actions sound an awful lot like Assault, don’t you think? So, what’s the difference between the physical contact Harassment and an Assault charge? Let’s find out!
Attorney for Harassment Charges in Fort Collins: How is Harassment Charged in Colorado?
The Fort Collins, 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(d) Repealed.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.[/su-quote]
Only one of the above subsections relate to physical contact – subsection (1)(a). This subsection is charged as a class 1 misdemeanor, which is punishable by up to 364 days in the Larimer County Jail.
Loveland Assault Defense Lawyer: How is 3rd Degree Assault Charged in Larimer County?
The Loveland, Colorado law definition of Assault in the Third Degree – C.R.S. 18-3-204 – is:
(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.[/su_quote)
The difference between the physical contact with this level of Assault and the physical contact involved in Harassment is injury. Harassment is charged when there is physical contact and no injury results. If there is a strike, shove, or kick and the person is injured (bodily injury = any pain), then it is Assault. However, it is charged at the same misdemeanor level: a class 1 misdemeanor.
If you or someone you love has been charged with Harassment or Assault, be smart, exercise your right to remain silent, and contact the experienced criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
Image by Tom und Nicki Löschner from Pixabay