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Denver Harassment Lawyer

Serving Denver and Surrounding Counties for 33+ Years

Harassment charges can lead to serious consequences if not handled by an experienced attorney. The Law Offices of David L. Owen, Jr., P.C. has over 33 years of criminal defense experience and can fight against your harassment charge, whether arguing to drop the charges or reduce your sentencing. I, Attorney David L. Owen, Jr. will work one-on-one with you throughout your case, and you can rest assured that my firm will take a personalized approach to your defense.

Contact me today to schedule your free initial consultation .

What Constitutes Harassment?

Colorado law defines criminal harassment as intentionally bothering, annoying, or alarm someone else. The following actions are a form of harassment:

  • striking, shoving, kicking, or subjecting the victim to physical contact;
  • making an obscene gesture or remark to the victim in public, such as offensive descriptions of sexual acts;
  • following the victim in a public place;
  • calling the victim repeatedly while there is no purpose of legitimate conversation;
  • initiating communication repeatedly at inconvenient hours that invade the victim’s privacy, whether in person, over the phone, or through any electronic communication;
  • repeatedly taunting the victim in a way likely to provoke an unlawful response; or
  • making obscene or threatening comments over the phone or internet.

What Constitutes Stalking?

Stalking is a type of harassment where a person knowingly:

  • makes a credible threat to another person and repeatedly follows the person or their immediate family or loved one;
  • makes a credible threat to another person and repeatedly makes any form of communication with that person, their immediate family, or a loved one that would cause them to suffer serious emotional distress; or
  • repeatedly follows, approaches, contacts, places under surveillance or makes any form of communication with another person or person's family or loved one.

In some cases, vandalizing a person's property can also fall under Colorado’s harassment statute that criminalizes stalking. Further, many stalking cases occur between former romantic partners and could be part of a larger domestic violence claim. As a result, you might also find yourself in violation of a protective order that could penalize you for being within a particular distance to the alleged victim.

What is Sexual Harassment?

In general, sexual harassment can be categorized into two groups:

  • Quid pro quo harassment — when an employer makes sexual advances in return for a job benefit.
  • Hostile work environment harassment — when an employee’s work life is miserable due to the prevalence of sexual comments, jokes, bullying, touching, or other unwanted behaviors.

Other forms of sexual harassment include spreading sexual rumors, sexual stereotyping, making sexual propositions, and using derogatory terms and names.

Note that all employees in Colorado are protected from sexual harassment by both state and federal law. At the federal level, Title VII of the Civil Rights Act of 1964 prohibits all forms of sexual discrimination and also prevents employers from retaliating against those who file a complaint or lawsuit. Note that in a case of workplace sexual harassment, you can face charges for unlawful sexual contact in addition to the standard harassment charges.

What Constitutes Cyberbullying?

Kiana Arellano’s Law, added to Colorado’s harassment statute, establishes cyberbullying as 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.

Cyberbullying can occur through:

  • the telephone;
  • a data network;
  • text or instant message;
  • a computer or computer network;
  • other interactive electronic mediums, such as social media.

What Are the Penalties for Harassment Convictions?

Harassment is typically a Class 3 misdemeanor in Colorado punishable by:

  • up to 6 months in jail, and/or
  • $50 - $750 in fines.

Depending on your case, the judge may decide to grant probation instead of jail.

Harassment based on a person’s color, religion, or disability is a Class 1 misdemeanor punishable by:

  • 6 to 18 months, and/or
  • $500 to $5,000.

Note that violating a restraining order against you could result in additional penalties.

Defending Against Harassment Charges

Since harassment is such a broad category of crimes, the most effective defense strategies will address the specific facts of your criminal charge. Depending on your case, some defense tactics could be arguing that:

  • you had no intent to harass, annoy, or alarm anyone;
  • the alleged victim misidentified you as the real harasser;
  • you made no physical contact with the alleged victim;
  • the victim had no reasonable expectation of privacy;
  • you did not make the communication as reported;
  • the communication in question was not obscene or offensive;
  • the alleged harassment was not motivated by race, religion, ancestry, or national origin;
  • the communication was constitutionally protected (political protest, customer complaint, etc.).

Note that many harassment defendants argue that the First Amendment protects their right to speak their opinion. However, free speech becomes harassment when the victim has a reasonable expectation of being left alone and such behavior threatens harm to them.

Seek an Experienced Defense Attorney Today

If you are facing harassment charges, you should contact an experienced lawyer immediately. The Law Offices of David L. Owen, Jr., P.C. will assess your harassment case and take a personalized and aggressive approach to your defense. You can trust my firm to fight for your rights and protect you against your wrongful harassment charges.

Contact the Law Offices of David L. Owen, Jr., P.C. today to schedule your free consultation.

Tough Defense Strategies for Tough Criminal Charges

  • Fight to reduce, dismiss, or acquit your charges.

  • Keep you informed of your case at all times.

  • Available for evening, weekend appointments and jail visits.

  • Former first assistant federal public defender.

  • Complimentary and confidential consultations.

  • Will travel to you to hear your side of the story