Greeley Harassment Lawyer

At Bruno Lilly Legal, PLLC, our Greeley harassment defense attorney provides compassionate, tenacious, and justice-driven legal advocacy. A conviction on a harassment charge can carry serious criminal penalties, including jail time. If you or a family member were charged with harassment, we are here to protect your rights and find the best path forward.

To set up a fully confidential consultation with a top Colorado defense lawyer, please contact us at our Greeley law office today.

How Does Colorado Define Harassment?

Colorado has one of the country’s most complex and comprehensive criminal harassment laws. It is crucial that any person charged with the offense of criminal harassment understands how the standard defines the term harassment. Under Colo. Rev. Stat. § 18-9-111, a person may face a charge for criminal harassment if they do one or more of the following with the “intent to harass, annoy, or alarm another person:”

• Strike, shove, kick, or otherwise subject them to unwanted physical contact;
• Use obscene language or an obscene gesture (public place only);
• Follow another person in or around a public place;
• Make threats through phone, text, internet, or other forms of communication;
• Make repeated communications at inconvenient times that invade a person’s privacy; and
• Make repeated unwanted insults or taunts at another person.

Kiana Arellano’s Law 101

Kiana Arellano’s Law is a 2015 revision to Colorado’s harassment law to impose clear criminal penalties for harassment committed via cyberbullying. As reported by Colorado Public Radio, Kiana Arellano—a Colorado student who was then a sophomore in high school—was subject to intense and repeated harassment through social media.

She was told that she should kill herself. Tragically, the harassment results in a suicide attempt. She thankfully survived, but the attempt left her confined to a wheelchair. Kiana Arellano’s Law ensures that Colorado’s harassment statute criminalizes cyberbullying and increases the penalties associated with an offense.

An Overview of Colorado’s Harassment Penalties

The criminal penalties for harassment in Colorado vary based on the specific nature of the allegations. On the low end of the spectrum, an obscene gesture in a public place is classified as a petty criminal offense. It carries a maximum of ten days in jail. Most other types of harassment in Colorado are classified as Class 2 misdemeanor offenses.

The maximum penalty is 120 days in jail and a $750 fine. However, harassment due to unlawful touching is heightened to a Class 1 misdemeanor offense.

The maximum punishment is 364 days in jail and a $1,000 fine. It is also important to emphasize that people charged with harassment could also face concurrent criminal charges. Some of those charges could carry even more severe penalties, including felony penalties.

Legal Defense for Harassment Charges

Every person charged with a crime in Colorado is presumed innocent until proven guilty. A criminal harassment charge is no exception to the rule. You have the right to raise a zealous defense. Some potential defenses against a harassment charge in Colorado include:

• Insufficient Evidence: The burden of proof rests on the state in a criminal harassment case. If you were charged with harassment under Colo. Rev. Stat. § 18-9-111 and there is a lack of sufficient evidence to support the charge, it should be dismissed. 
• Lack of Intent: Intent matters in many criminal cases, including harassment claims. If the accused did not intend to cause harm, it may be possible to argue that their actions were not malicious and, as such, do not carry criminal liability.
• Mistaken Identity: There may be some cases in which some form of harassment occurred, by the alleged victim and/or law enforcement made a mistake in identifying the culprit. Mistaken identity is a potential defense against a harassment charge in Colorado.
• First Amendment Rights: The First Amendment to the U.S. Constitution protects the right to free speech and freedom of assembly. In a narrow set of cases, the First Amendment may be raised as a defense against criminal harassment charges.
• Innocence (False Allegations): Unfortunately, some people face wholly false allegations of criminal harassment, stalking, or another type of related offense. False allegations should be defended aggressively.

Understanding Harassment Charges (Examples)

To best understand what is and what is not criminal harassment in Colorado, it is useful to consider some hypothetical examples. Here are some examples of how the criminal harassment statute applies:

• Harassment: A man goes out on a date with a woman. She declines a second date. He calls her at all hours of the time for weeks on end insisting on another chance—even after clearly being told to stop. He could face charges of harassment.
• Harassment: After a dispute over a parking space, one man follows another man into a nearby store. He makes obscene comments and lewd gestures. He is told to stop but continues. He could face charges of criminal harassment.
• Not Harassment: Two people got into a serious conflict. One person told the other to stop contacting them and leave them alone. They end up at the same restaurant—but neither knew that the other would be there. No harassment has occurred. There is no intent.

Why Choose Our Greeley Criminal Defense Attorney for Help

Harassment charges are complicated. You need an experienced advocate on your side. Our founding attorney Havilah Louise Bruno Lilly is a former prosecutor who is devoted to providing the highest level of legal representation to clients.

We are compassionate and proactive. Among other things, our Greeley harassment defense lawyer is prepared to:

• Hear your story, answer questions, and explain what comes next;
• Investigate the charges—gathering all exonerating evidence; 
• Represent you in all discussions with police and prosecutors; and
• Develop a personalized defense strategy to protect your rights, freedom, and future.  

Schedule a Strictly Confidential Call with a Colorado Harassment Defense Attorney Today

At Bruno Lilly Legal, PLLC, our Greeley harassment defense lawyer is an experienced advocate for clients. If you or your loved one was arrested and charged with criminal harassment, we can help.

Contact us today to set up a strictly confidential appointment with an experienced attorney. From our Greeley law office, we defend harassment charges in Weld County and throughout the region.