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Robert D.
Gustafson, Attorney At Law
COLORADO SPRINGS TRIAL LAWYER
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6538 Charter
Drive
Colorado Springs, CO 80918-1335
Phone (719) 260-1002
Toll Free (800) 410-1002
E-MAIL
ATTORNEY
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Attorney
Business Hours
Attorney
Availability Status
FREE
INITIAL CONSULTATION
Fax (719) 260-1003
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DOMESTIC VIOLENCE
CRIMES
COLORADO SPRINGS CRIMINAL DEFENSE
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WELCOME
I appreciate your interest
perhaps I will become your attorney |
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Colorado Springs domestic violence common
criminal charges - felony & misdemeanor - harassment, third degree assault,
second degree assault, menacing, violation of a restraining order, false
imprisonment, criminal mischief, obstruction of a telephone, wiretapping,
eavesdropping, perjury, false reporting, inconsistent victim statements.
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MENTAL ELEMENT
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SPECIFIC INTENT vs. GENERAL INTENT |
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A crime is committed when the defendant has committed a voluntary act
prohibited by law accompanied by a culpable mental state. Voluntary
act means an act performed consciously as a result of effort or
determination. Culpable mental state means intentionally, or with
intent; or knowingly, willfully or recklessly as explained in this
instruction. Proof of the commission of the act alone is not
sufficient to prove that Defendant, Ima Innocent, had the required
culpable mental state. The culpable mental state is as much an element
of the crime as the act itself and must be proven beyond a reasonable
doubt, either by direct or circumstantial evidence. |
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SPECIFIC INTENT CRIMES |
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A person acts "intentionally" or "with intent" when his conscious
objective is to cause the specific result proscribed by the statute
defining the offense. It is immaterial whether or not the result
actually occurred. |
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GENERAL
INTENT CRIMES |
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A person acts "knowingly" or "willfully" with respect to conduct or to
a circumstance described by a statute defining an offense when he is
aware that his conduct is of such nature or that such circumstance
exists. A person acts "knowingly" or "willfully" with respect to a
result of his conduct when he is aware that his conduct is practically
certain to cause the result.
A person acts "recklessly" when he
consciously disregards a substantial and unjustified risk that a
result will occur or that a circumstance exists. |
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SOURCE: COLJI 6:01 with headers
added |
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FELONY STALKING
CRS
18-9-111(4) Criminal Classification:
(F-5) or
(F-4)
** Specific Intent Crime
modified enhanced sentencing
caveat: statutes or jury instructions may have been amended since last
updated here |
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I have included very few statutes
in this website, however this is one due to the potential for internet abuse
Laws are changed with regularity - attorney makes no representation that the
linked statute is current |
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Refer to
People v. Sullivan, 53 P.3d 1181 (Colo.App.
2002) - felony stalking conviction upheld for electronic GPS device on
wife's car with downloadable chip. |
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In the context of
felony stalking,
(whether or not an intimate relationship, breakup,
divorce,
separation,
paternity allegation or
domestic abuse restraining order litigation), the
Sullivan rationale may likely extend to
surreptitious installation and monitoring of a computer program which
repeatedly reports computer usage or internet activity to another.
(computer spyware tracking programs installed without the user's knowledge
or consent). Publishing attorney has not had occasion to defend a
computer spyware felony stalking case, nor is he aware of any
specific case in which such criminal charges have been initiated.
Although
Sullivan may be a harbinger, current
statutory language does not specifically identify surreptitious spyware
installation or monitoring as prohibited conduct, and may not be sufficient
to support a felony stalking conviction. Additional legal research would be
required for a more definitive opinion regarding defense of this issue. |
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Web beacons, aka web bugs, have become standard practice in many
commercial websites, including reputable companies. Web bugs are
installed surreptitiously without the user's knowledge or consent and
without benefit of court order - court scrutiny. Web bugs may
track computer usage or internet activity. Commercial software is
available to block or find and delete web bugs which are considered by
many in the computer industry to be spyware.
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An attorney naturally queries the difference between tracking spyware
surreptitiously installed by a commercial enterprise and tracking
spyware surreptitiously installed to track computer or internet activity
of someone with whom the installing person (alleged stalker) has had a
continuing relationship. Put another way, is the enabling language
of
CRS
18-9-111(4)(a) sufficient to withstand a constitutional equal
protection challenge? |
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HARASSMENT
CRS
18-9-111 Criminal Classification:
(M-3)
** Specific Intent Crime
Refer to above link for Adobe Acrobat .pdf file - statute verbatim
caveat: statutes or jury instructions may have been amended since last
updated here |
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(1) A person commits harassment if,
with intent to harass, annoy, or alarm another person, he or she:
(a) Strikes, shoves, kicks, or
otherwise touches a person or subjects him to physical contact; or
(b) In a public place directs
obscene language or makes an obscene gesture to or at another person; or
(c) Follows a person in or about a
public place; or
(d) Repealed.
(e) Initiates communication with a
person, anonymously or otherwise by telephone in a manner intended to
harass or threaten bodily injury or property damage, or makes any
comment, request, suggestion, or proposal by telephone which is obscene;
or
(f) Makes a telephone call or
causes a telephone to ring repeatedly, whether or not a conversation
ensues, with no purpose of legitimate conversation; or
(g) Makes repeated communications
at inconvenient hours that invade the privacy of another and interfere
in the use and enjoyment of another's home or private residence or other
private property; or
(h) Repeatedly insults, taunts,
challenges, or makes communications in offensively coarse language to
another in a manner likely to provoke a violent or disorderly response.
(1.5) defines obscene. Refer to the
statute.
(2) Harassment pursuant to subsection
(1) of this section is a
Class 3 Misdemeanor.
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THIRD DEGREE ASSAULT
CRS
18-3-204
Criminal Classification: (M-1)
** General Intent Crime
caveat: statutes or jury instructions may have been amended since last
updated here |
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A person commits the crime of assault in
the third degree if he knowingly or recklessly causes bodily injury to another
person or with criminal negligence he causes bodily injury to another person
by means of a deadly weapon. Assault in the third degree is a
Class 1 Misdemeanor.
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Bodily Injury means physical pain, illness,
or any impairment of physical or mental condition
Source: COLJI 5(5), CRS
18-1-901(3)(c)
Attorney Note: no specific degree of pain is required under the
definition. |
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SECOND
DEGREE ASSAULT
CRS
18-3-203 Criminal Classification:
(F-6) or
(F-4)
** Specific Intent Crime
caveat: statutes or jury instructions may have been amended since last
updated here |
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(1) A person commits the crime of assault
in the second degree if:
(a) Repealed.
(b) With intent to cause bodily
injury to another person, he or she causes such injury to any person by
means of a deadly weapon; or
(c) Not relevant to divorce or
domestic violence.
(d) He recklessly causes serious
bodily injury to another person by means of a deadly weapon.
(g) With intent to cause bodily
injury to another person, he causes serious bodily injury to that person
or another.
(2) Paraphrased.
(a) Heat of passion reduces the crime
to a
Class 6 Felony.
(b) Absent heat of passion, the crime
is a
Class 4 Felony. |
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Serious Bodily Injury means bodily injury
which, either at the time of the actual injury or at a later time, involves:
a. a substantial risk of death,
b. a substantial risk of serious
permanent disfigurement,
c. a substantial risk of protracted
loss or impairment of the function of any part or organ of the body, or
d. breaks, fractures, or burns of the
second or third degree.
Source: COLJI 5(23), CRS
18-1-901(3)(p)
Deadly Weapon: CRS
18-1-901(3)(e) |
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MENACING
CRS
18-3-206 Criminal Classification:
(M-3) or
(F-5)
** General Intent Crime
caveat: statutes or jury instructions may have been amended since last
updated here |
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A person commits the crime of menacing if,
by any threat or physical action, he knowingly places or attempts to place
another person in fear if imminent serious bodily injury. Menacing is a
Class 3 Misdemeanor, but if committed by the use of a deadly weapon, it is a
Class 5 Felony.
Deadly Weapon means any firearm, (whether
loaded or unloaded), knife, bludgeon, or other weapon, device, instrument,
material or substance, whether animate or inanimate, which in the manner it is
used or to be used is capable of producing death or serious bodily injury
Source: COLJI 5(10),
Deadly Weapon: CRS
18-1-901(3)(e)
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VIOLATION
OF A RESTRAINING ORDER
CRS
18-6-803.5 Criminal Classification:
(M-2) or
(M-1)
** General Intent Crime
caveat: statutes or jury instructions may have been amended since last
updated here |
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(1) A person commits the crime of
violation of a restraining order if such person contacts, harasses, injures,
intimidates, molests, threatens, or touches any protected person or enters
or remains on premises or comes within a specified distance of a protected
person or premises, and such conduct is prohibited by a restraining order,
after such person has been personally served with any such order or
otherwise has acquired from the court actual knowledge of the contents of
any such order.
(2) Violation of a restraining order is a
Class 2 Misdemeanor, except that, if the restrained person has previously
been convicted of violating this section or a former version of this section
or an analogous municipal ordinance, or if the restraining order is issued
pursuant to CRS 18-1-1001 (defendant in criminal case not harassing a victim
or witness), the violation is a
Class 1 Misdemeanor |
| Note: many provisions of this
statute have not been included due to volume. Arrest provisions are mandatory.
Read the statute for further details. |
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FALSE
IMPRISONMENT
CRS
18-3-303 Criminal Classification:
(M-2)
** General Intent Crime
caveat: statutes or jury instructions may have been amended since last
updated here |
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False imprisonment. Any person who
knowingly confines or detains another without the other's consent and without
proper legal authority commits false imprisonment, which is a
Class 2 Misdemeanor. This section shall not apply to a peace officer acting in good
faith within the scope of his duties. |
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CRIMINAL
MISCHIEF
CRS
18-4-501
Criminal Classification:
(M-3),
(M-2),
(F-4) or
(F-3)
** General Intent Crime
caveat: statutes or jury instructions may have been amended since last
updated here |
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Any person who knowingly damages the real
or personal property of one or more persons in the course of a single criminal
episode commits a
Class 3 Misdemeanor where the aggregate damage to the real
or personal property is less than one hundred dollars. Where the aggregate
damage to the real or personal property is one hundred dollars or more but
less than four hundred dollars, such person commits a
Class 2 Misdemeanor.
Where the aggregate damage to the real or personal property is four hundred
dollars or more but less than fifteen thousand dollars, such person commits a
Class 4 Felony. Where the aggregate damage to the real or personal property is
fifteen thousand dollars or more, such person commits a
Class 3 Felony. |
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Refer to
People v. Sullivan, 53 P.3d
1181 (Colo.App. 2002) - arson conviction upheld for burning wife’s
marital property clothing. |
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Prior to and during
litigation proceedings, be respectful of joint property or marital
property.
This would be particularly applicable regarding
that claimed by your spouse or
significant other to be his or her property. |
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TELEPHONE OR
COMMUNICATIONS |
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OBSTRUCTION
OF TELEPHONE
OR TELEGRAPH SERVICE
CRS 18-9-306.5 Criminal Classification:
(M-1)
** General Intent Crime
caveat: statutes or jury instructions may have been amended since last
updated here |
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(1) A person commits obstruction of telephone or telegraph service if the person knowingly prevents, obstructs, or delays, by any means whatsoever, the sending, transmission, conveyance, or delivery in this state of any message, communication, or report by or through any telegraph or telephone line, wire, cable, or other facility or any cordless, wireless, electronic, mechanical, or other device.
(2) Obstruction of telephone or telegraph service is a
Class 1 Misdemeanor. |
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(1) Any person not a sender or intended
receiver of a telephone or telegraph communication commits wiretapping if
he:
(a) Knowingly overhears, reads,
takes, copies, or records a telephone, telegraph, or electronic
communication without the consent of either a sender or a receiver
thereof or attempts to do so; or
(b) Intentionally overhears, reads,
takes, copies, or records a telephone, telegraph, or electronic
communication for the purpose of committing or aiding or abetting the
commission of an unlawful act; or
(c) Knowingly uses for any purpose or
discloses to any person the contents of any such communication, or
attempts to do so, while knowing or having reason to know the
information was obtained in violation of this section; or
(d) Knowingly taps or makes any
connection with any telephone or telegraph line, wire, cable, or
instrument belonging to another or with any electronic, mechanical, or
other device belonging to another or installs any device whether
connected or not which permits the interception of messages; or
(e) Repealed and
re-enacted as
(f) Knowingly uses any apparatus to
unlawfully do, or cause to be done, any act prohibited by this section
or aids, authorizes, agrees with, employs, permits, or intentionally
conspires with any person to violate the provisions of this section.
(2) Wiretapping is a
Class 6 Felony;
except that, if the wiretapping involves a cordless telephone, it is a
Class 1 Misdemeanor.
CRS
18-17-103 Definitions
CRS
18-9-302 Penalties
CRS
18-9-305 Exceptions
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(1) Any person not visibly present during
a conversation or discussion commits eavesdropping if he:
(a) Knowingly overhears or records
such conversation or discussion without the consent of at least one of
the principal parties thereto, or attempts to do so; or
(b) Intentionally overhears or
records such conversation or discussion for the purpose of committing,
aiding, or abetting the commission of an unlawful act; or
(c) Knowingly uses for any purpose,
discloses, or attempts to use or disclose to any other person the
contents of any such conversation or discussion while knowing or having
reason to know the information was obtained in violation of this
section; or
(d) Knowingly aids, authorizes,
agrees with, employs, permits, or intentionally conspires with any
person to violate the provisions of this section.
(2) Eavesdropping is a
Class 6 Felony.
CRS
18-17-103 Definitions
CRS
18-9-302 Penalties
CRS
18-9-305 Exceptions
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