Is Harassment a Felony or Misdemeanor in Colorado?
Harassment is generally a misdemeanor in Colorado, not a felony. However, the specific classification depends on the conduct alleged. Under Colorado law, harassment can be charged as a class 1 misdemeanor, class 2 misdemeanor, or petty offense. The applicable classification can affect the potential penalties and consequences of a conviction.
If you are facing an allegation, a Harassment Lawyer in Colorado Springs can review the specific conduct alleged, the statute cited in the charging documents, and the available evidence to determine what you are facing.
Is Harassment a Felony in Colorado?
A violation of Colorado's harassment statute, C.R.S. § 18-9-111, is not generally classified as a felony. Instead, the statute establishes different classifications based on the type of conduct involved.
Colorado law currently provides for:
Class 1 misdemeanor harassment
Class 2 misdemeanor harassment
Petty offense harassment
The classification is important because Colorado has different sentencing ranges for each category.
A harassment allegation could also involve other criminal offenses depending on the circumstances. Those separate offenses may have different classifications and penalties.
What Class Misdemeanor Is Harassment in Colorado?
The answer depends on the conduct alleged under C.R.S. § 18-9-111.
Class 1 Misdemeanor Harassment
Certain conduct is classified as a class 1 misdemeanor when the required intent is present.
This includes conduct such as:
Subjecting another person to physical contact with the intent to harass, annoy, or alarm
Following a person in or around a public place with the required intent
Harassing someone because of certain protected characteristics
Certain conduct involving interference with a transit worker performing a lawful duty
Colorado's current crime classification guide identifies these offenses under C.R.S. § 18-9-111(2)(a).
Class 2 Misdemeanor Harassment
Other forms of harassment are classified as a class 2 misdemeanor.
These include certain conduct involving:
Communications intended to harass or threaten bodily injury or property damage
Making a telephone ring without a purpose of conversation
Repeated communications at inconvenient hours
Repeatedly insulting, taunting, or challenging another person in a manner likely to provoke a violent response
These offenses are covered under C.R.S. § 18-9-111(2)(b).
Petty Offense Harassment
Certain conduct involving obscene language or gestures in a public place can constitute a petty offense when the person acts with the required intent to harass, annoy, or alarm another person.
This is addressed under C.R.S. § 18-9-111(2)(c).
Therefore, it is not accurate to say that every harassment charge in Colorado is automatically a class 1 misdemeanor. The specific subsection and alleged conduct matter.
What Are the Penalties for Harassment in Colorado?
The potential sentence depends on the classification.
Colorado's current misdemeanor sentencing framework provides that a class 1 misdemeanor can carry up to 364 days in jail, a fine of up to $1,000, or both. A class 2 misdemeanor can carry up to 120 days in jail, a fine of up to $750, or both. A petty offense can carry up to 10 days in jail, a fine of up to $300, or both.
These are maximum statutory penalties. A conviction does not mean a person will automatically receive the maximum sentence.
The court may consider the facts of the case, criminal history, the nature of the conduct, and other circumstances when determining an appropriate sentence.
What Conduct Can Lead to a Harassment Charge?
Colorado's harassment statute covers several types of conduct. Depending on the circumstances, an allegation may involve:
Unwanted physical contact
Following someone in a public place
Repeated communications
Repeated telephone calls
Communications made at inconvenient hours
Insulting or taunting communications
Certain threats involving bodily injury or property damage
Certain obscene language or gestures in a public place
Harassment based on specified protected characteristics
The statute also requires specific intent for the relevant forms of harassment.
This means that not every argument, insult, unwanted conversation, or unpleasant interaction is automatically criminal harassment. The prosecution must establish the elements required by the particular subsection of the statute.
Does Harassment Require Intent in Colorado?
Yes, intent is an important part of Colorado's harassment statute.
For the relevant offenses, the statute refers to acting with the intent to harass, annoy, or alarm another person.
Intent can therefore become an important issue in a harassment case.
For example, the context surrounding a communication or interaction may matter when determining what the person intended. The prosecution may rely on communications, witness statements, recordings, social media activity, or other evidence to establish the alleged conduct and intent.
A person accused of harassment should not assume that the existence of an unwanted communication automatically proves criminal intent. The specific facts and evidence need to be examined.
Is Harassment the Same as Stalking in Colorado?
No. Harassment and stalking are separate offenses under Colorado law.
Harassment generally focuses on specific conduct covered by C.R.S. § 18-9-111 and the required intent. Stalking involves different statutory elements and can involve a pattern of conduct that causes a person to fear for their safety or suffer serious emotional distress.
The distinction matters because the potential consequences and legal defenses can differ.
Someone accused of repeatedly contacting or following another person could potentially face questions involving more than one criminal offense. An attorney should review the specific allegations before determining which laws may apply.
Can Harassment Be a Domestic Violence Offense?
Harassment can have domestic violence implications when the alleged conduct occurs in a relationship or circumstance covered by Colorado's domestic violence laws.
Domestic violence can affect how an underlying criminal offense is handled. It may also lead to additional court requirements or protection-order issues.
A Colorado protection order can restrict contact and other behavior involving a protected person, including conduct involving threats, stalking, or harassment.
If a harassment allegation involves a spouse, former spouse, dating partner, family member, or another qualifying relationship, it is important to understand whether domestic violence allegations or a protection order are also involved.
Can You Go to Jail for Harassment in Colorado?
Yes. Depending on the classification, Colorado harassment offenses can carry potential jail time.
However, jail is not automatic following a harassment charge or conviction. The sentence depends on the specific offense and circumstances of the case.
Other consequences may include:
Fines
Probation
Court-ordered conditions
Protection-order restrictions
A criminal record
The potential consequences can also extend beyond the sentence itself. A criminal conviction may affect employment, housing, professional opportunities, or other areas of life.
What Defenses May Apply to a Harassment Charge?
A defense depends on the facts and evidence. Potential issues in a harassment case may include:
Lack of Required Intent
If the prosecution cannot establish the intent required by the applicable subsection, that can become an important issue.
The Conduct Does Not Meet the Statutory Elements
Not every offensive or unwanted interaction satisfies the legal definition of harassment. The alleged conduct must meet the elements of the specific offense charged.
False or Inaccurate Allegations
Witness accounts, communications, and other evidence may sometimes conflict. The accuracy and reliability of the allegations should be carefully examined.
Identity or Mistaken Identity
In some cases, the evidence may not establish that the accused person committed the alleged conduct.
Problems With the Evidence
Texts, call records, social media messages, recordings, photographs, and witness testimony may all become relevant. An attorney can examine whether the evidence supports each required element of the charge.
These are examples of issues that may arise in a defense. The appropriate strategy depends on the individual case.
Can Harassment Charges Be Dropped in Colorado?
A person who made the complaint does not necessarily have the authority to simply “drop” a criminal charge.
Once criminal charges have been filed, the prosecutor generally controls the prosecution. Depending on the facts, charges may be dismissed for various reasons, including evidentiary or legal problems.
If you have been charged with harassment, it is important to avoid contacting an alleged victim if a court order prohibits contact. Preserving relevant evidence and discussing the case with a defense attorney can help you understand your options.
What Happens After a Harassment Charge?
The process can vary, but a Colorado harassment case may involve:
An arrest, summons, or criminal citation
An initial court appearance
Review of the allegations and evidence
Pretrial proceedings
Negotiations or motions, depending on the case
A possible dismissal, plea agreement, or trial
Sentencing if there is a conviction
The exact process depends on the court, the charge, and the circumstances of the case.
What Should You Do If You Are Charged With Harassment in Colorado?
If you are facing a harassment charge:
Read the charging document carefully.
Identify the specific statute and subsection alleged.
Preserve texts, emails, call records, social media messages, and other relevant evidence.
Do not delete potentially relevant communications.
Follow any protection order or no-contact condition.
Avoid discussing the details of the case publicly.
Do not assume that a misdemeanor charge is insignificant.
Speak with a Colorado criminal defense attorney about your case.
Talk to a Colorado Springs Harassment Defense Lawyer
Harassment is generally a misdemeanor in Colorado, but the classification can range from a class 1 misdemeanor to a class 2 misdemeanor or petty offense depending on the conduct alleged.
If you have been accused or charged, the specific allegations, evidence, and statutory subsection matter. A Colorado Springs criminal defense attorney can review the case and explain the potential penalties and defense options available to you.
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