Denver Harassment
Defense Attorney

Last reviewed: September 29, 2026 by William Bacharach · Colorado Bar #59714

Harassment charges in Colorado may sound minor, but they are taken seriously by prosecutors and courts — and a conviction carries real consequences including jail time, fines, a permanent criminal record, and when charged as domestic violence, the lifelong loss of firearm rights under federal law. William Bacharach defends harassment charges in Denver and across Colorado.

Colorado Harassment Law — C.R.S. § 18-9-111

Colorado's harassment statute is broad, covering a range of conduct from physical contact to repeated phone calls. Under Colorado's 2022 sentencing reform, most forms of harassment — including harassing phone calls, electronic communications, repeated communications at inconvenient hours, and taunts likely to provoke a violent response — are a Misdemeanor 2. Striking, shoving, or kicking someone, or following someone in a public place, is a Misdemeanor 1, and a bias-motivated enhancement elevates any form of harassment to Misdemeanor 1. Only an obscene gesture or obscene language directed at someone in public is a petty offense.

What Constitutes Harassment Under Colorado Law

A person commits harassment when, with intent to harass, annoy, or alarm another person, they:

• Strike, shove, kick, or otherwise touch a person in an offensive manner, or subject them to offensive physical contact
• Repeatedly insult, taunt, or challenge another in a manner likely to provoke a violent response
• Follow a person in a public place
• Initiate communication by phone, computer, or other device in a manner intended to harass
• Make repeated communications at inconvenient hours that invade the privacy of another
• Make a single communication involving obscene language or threatening bodily harm

Defending Against Harassment Charges

First Amendment Protections

Colorado's harassment statute has broad language that can sometimes capture constitutionally protected speech. Insults, criticism, and even offensive communication may be protected by the First Amendment if they don't meet the legal threshold for true threats or constitute "fighting words." Attorney Bacharach evaluates every harassment case for First Amendment defenses.

Intent Challenges

Harassment under Colorado law requires the intent to harass, annoy, or alarm. Persistent contact that was genuinely motivated by a legitimate purpose — attempting to resolve a dispute, co-parenting communication, or business matters — does not meet the required mental state. Proving the absence of harassing intent is a key defense strategy.

Domestic Violence Harassment

Harassment is one of the most common underlying charges in domestic violence cases. When charged with DV harassment — often stemming from heated text exchanges, phone calls, or in-person arguments — the domestic violence designation transforms a harassment charge into something that can carry firearm consequences. William Bacharach understands the stakes and defends these cases with the seriousness they deserve.

Lack of Credible Evidence

Many harassment charges rest solely on the alleged victim's account. Where there are no recordings, no witnesses, and no independent evidence, the prosecution's case is weak. Attorney Bacharach challenges the sufficiency of the evidence at every stage of the proceeding.

Harassment vs. Stalking — When Does It Escalate?

Repeated harassment — particularly when combined with surveillance, following, or contact that causes serious emotional distress — can be charged as felony stalking rather than misdemeanor harassment. William Bacharach monitors the severity of allegations from the outset and defends against prosecutorial overcharging.

Online and Electronic Harassment

Colorado's harassment statute explicitly applies to electronic communications — texts, emails, social media, and messaging apps. Online harassment charges are increasingly common. Attorney Bacharach has experience defending electronic harassment matters and understands the technical and legal issues involved.

Frequently Asked Questions — Harassment Charges in Colorado

What qualifies as harassment in Colorado?

Under the revised § 18-9-111, C.R.S., harassment includes striking, shoving, or kicking another person; following someone in a public place; directing obscene language or gestures at someone in public; repeatedly communicating at inconvenient hours or in an offensive manner; and repeated insults, taunts, or challenges likely to provoke a violent response.

What are the penalties for harassment in Colorado?

Most harassment is a class 2 misdemeanor, carrying up to 120 days in jail and a $750 fine. Striking, shoving, or kicking someone, following someone in a public place, or any harassment committed with a bias motive is a class 1 misdemeanor (up to 364 days in jail), and an obscene gesture or language in public is a petty offense (up to 10 days in jail and a $300 fine). When enhanced with a domestic violence designation, harassment triggers mandatory DV evaluation and treatment. Harassment can also trigger mandatory protection orders that restrict where you can go and who you can contact.

What is the difference between harassment and stalking in Colorado?

Harassment is generally a single incident or series of specific acts (striking, obscene language, repeated communication). Stalking requires a pattern of conduct over time that causes serious emotional distress or involves a credible threat. Stalking is a felony; harassment is typically a misdemeanor.

Can harassment charges be dismissed?

Yes. Common defenses include First Amendment protections for speech, lack of intent, mutual combat situations, and challenging whether the conduct actually meets the statutory elements. Context matters significantly in harassment cases.