Harassment Defense Lawyer Colorado Springs
COLORADO SPRINGS HARASSMENT DEFENSE ATTORNEY
One accusation can upend your life. If you were cited or arrested for harassment in Colorado Springs—under state law or the city code—your first moves matter. Attorney Mike Moran has defended thousands of Coloradans and brings the perspective of a former municipal court judge to every case. Call (719) 447‑1923 for a free, confidential consultation.
What Counts as “Harassment” in Colorado?
Colorado’s harassment statute, CRS § 18‑9‑111, covers a range of conduct, including: unwanted physical touching; following someone in public; repeated obscene or alarming communications (phone, text, or online); repeated calls or messages at inconvenient hours; or using offensively coarse insults likely to provoke a disorderly response. “Kiana Arellano’s Law” specifically addresses electronic/cyber harassment.
Penalties under state law:
Class 2 misdemeanor for most repeated communication/phone provisions (subsections (1)(e)–(h)).
Petty offense for certain public obscene‑gesture language (subsection (1)(b)).
Class 1 misdemeanor if the conduct is motivated by bias toward protected characteristics (cross‑referencing § 18‑9‑121).
Maximum jail and fine ranges are set by SB21‑271: up to 120 days (M2) or 364 days (M1), and lower penalties for petty offenses.
HARASSMENT DEFENSE
Practice Areas
City Charges vs. State Charges: Colorado Springs Municipal Code
Harassment can also be charged under Colorado Springs Municipal Code § 9.2.107, with elements that closely track state law (touching; obscene language/gestures in public; following; repeated insults; repeated electronic or phone harassment; repeated calls; repeated communications at inconvenient hours).
Municipal cases are heard at 224 E. Kiowa St. in Municipal Court, while state cases run through El Paso County Combined Courts, 270 S. Tejon St.
Local note: Many arrests begin with a citation that triggers a mandatory protection order (MPO)—often a no‑contact order—entered at first appearance and in effect until the case ends unless modified. Violations can lead to new charges.
If Your Case Is Labeled “Domestic Violence” (DV)
In Colorado, domestic violence (DV) is a sentence enhancer applied to another crime – such as harassment – when the facts involve an intimate partner or similar relationship.
A DV designation can require state‑approved evaluation and treatment and affects plea options and release conditions. Locally, the 4th Judicial District uses a “Fast Track” approach in many misdemeanor DV cases.
Harassment vs. Stalking - Why It Matters
Stalking (CRS § 18‑3‑602) requires a pattern that includes a credible threat with repeated contact or conduct causing serious emotional distress; it’s a felony and an “extraordinary risk” offense. By contrast, most harassment counts are misdemeanors or petty offenses. Knowing the line between these charges can guide defense strategy and negotiations.
Constitutional & Legal Defenses We Explore
First Amendment / Overbreadth: The Colorado Supreme Court struck down the phrase “intended to harass” in § 18‑9‑111(1)(e) as facially overbroad in People v. Moreno. Charging theories that rest on protected speech or vague “annoyance” can be unconstitutional.
No criminal intent / misidentification: Texts, IP logs, call records, and geolocation often tell a different story than a report suggests.
Ambiguous or invited contact: When both parties exchange messages, the State may struggle to prove “harass, annoy, or alarm” intent beyond a reasonable doubt.
Unreliable complainant evidence: We vet timelines, preserve digital metadata, and subpoena records to test credibility and context.
MPO scope & modifications: We move quickly, when appropriate, to modify no‑contact terms to allow limited, supervised contact (for child‑exchange or housing access), consistent with court safety
What to Expect in a Colorado Springs Harassment Case
First Appearance & MPO: Expect an automatic mandatory protection order at your initial court date. Do not call, text, DM, or message the protected person—direct or indirect contact can trigger a new charge.
Venue Check:
State charges: El Paso County Combined Courts, 270 S. Tejon St., Colorado Springs.
City charges: Colorado Springs Municipal Court, 224 E. Kiowa St.
Investigation & Preservation: Save messages, call logs, screenshots, and any third‑party communications (family, school, employer).
Negotiation or Motions Practice: We often litigate to suppress unlawfully obtained statements or overbroad charging theories, and negotiate to non‑DV outcomes where the facts support it.
Resolution (Dismissal, Diversion, Plea, or Trial): Penalties depend on charge level and any DV designation; SB21‑271 controls misdemeanor sentencing caps statewide.
Why Choose Attorney Mike Moran?
3+ decades in Colorado courts and former municipal judge (City of Victor, 1995–1998)—a perspective that helps anticipate how judges and prosecutors assess harassment allegations.
Thousands of clients defended across El Paso County and beyond; free consultations and clear next‑step planning.
Local, accessible defense from our downtown office: 220 E. Costilla St., Colorado Springs, CO 80903 | (719) 447‑1923.
Frequently Asked Questions
Is harassment in Colorado a misdemeanor or a petty offense?
It depends on the subsection charged. Most repeated‑communication provisions are class 2 misdemeanors; public obscene‑gesture language can be a petty offense; bias‑motivated harassment can be a class 1 misdemeanor. Sentencing caps come from SB21‑271.
Will I get a no‑contact order?
In nearly all criminal cases—including harassment—courts issue a mandatory protection order at first appearance. We can ask the court to tailor or later modify it when appropriate.
What if my case is in Colorado Springs Municipal Court?
Municipal harassment prosecutions use City Code § 9.2.107 and are heard at 224 E. Kiowa St. State cases go to 270 S. Tejon St. The elements are similar, but procedures, prosecutors, and potential outcomes can differ.
Can a harassment conviction be sealed?
Record sealing eligibility depends on the offense level and whether it carries a DV designation; Colorado’s sealing rules live in C.R.S. § 24‑72‑706 and related sections. We’ll analyze eligibility and timing based on your exact disposition.
How is stalking different?
Stalking (§ 18‑3‑602) generally requires a credible threat with repeated contacts or conduct causing serious emotional distress and is charged as a felony—very different exposure than harassment.
Smart Next Steps If You Are Charged With Harassment
Do not contact the complaining witness. Respect the MPO.
Save everything: messages, call logs, social media, voicemail, and your phone’s export files.
Write a timeline while events are fresh.
Call defense counsel early: Attorney Mike Moran at (719) 447‑1923—or use our site’s Free Consultation page—to protect your rights immediately.