Fort Collins Domestic Violence Harassment Lawyer
The Role Non-Essential Information Plays in a Criminal Case

A radio host is facing Harassment - Domestic Violence charges after a texting conversation went bad with a woman. Read more about this case here.

I don’t want to downplay a situation where someone feels threatened in Fort Collins, Loveland, or Estes Park, but I recently read a news article where the focus was on some pretty serious non-essential information. A KOA radio host was recently arrested for Harassment as an act of Domestic Violence because he was sending the alleged victim text messages, one of which said he was on his way to her apartment. The issue I have is that the media makes sure to note that he has a concealed carry permit and may have a gun in his car. I understand the officers involved want a heads up if the person they are arresting has a deadly weapon, but it doesn’t play a role in this case, other than to try and make him look worse. If the woman was making statements about him threatening her life, he would have likely been charged with Menacing or even Stalking.

Larimer County Harassment Attorney: What is the Definition of Harassment?

There are many subsections to the Harassment statute, but the one that applies to the case above is part (e) of C.R.S. 18-9-111 – Harassment:

A person commits harassment if, with intent to harass, annoy, or alarm another person, he or she:

(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;

The exact contents of the texts were not discussed in the article, but most likely he made statements that the victim felt were harassing.

Fort Collins Domestic Violence Attorney: The DV Sentence Enhancer for this Radio Host

As a class 3 misdemeanor in Larimer, Boulder, and Grand County, Harassment is punishable by up to 6 months in the Larimer County Jail. When Domestic Violence is added as a sentence enhancer, DV treatment, will be required as a part of the sentence. Also, after a DV arrest, a mandatory protection order is entered, preventing the accused from contacting the alleged victim.

If you or someone you love has been charged with Domestic Violence Harassment, be smart, exercise your right to remain silent, and contact the best Harassment – Domestic Violence criminal defense attorneys from the O’Malley Law Office at 970-658-0007 today. Together, we can protect your future.

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