A harassment charge does not just go away on its own. The DA’s office has lawyers, investigators, and a staff working together to present their case against you.
A conviction can lead to jail, fines, probation, and a permanent criminal record. A domestic violence designation can trigger a mandatory protection order that restricts contact and can affect housing and parenting time.
Act early. Evidence gets lost. Messages get deleted. Witness memories fade. Prosecutors start building their case immediately.
Immediate action can change the outcome of your case. Speak with a Colorado Springs harassment lawyer today!
Harassment charges in Colorado are commonly dismissed as minor, and that can be a costly mistake. A harassment conviction, even at the misdemeanor level, is a criminal conviction. It goes on your record, it shows up on background checks, and in cases with a domestic violence tag, it carries a lifetime federal firearms prohibition. It can affect your job, your professional license, your immigration status, and your ability to get housing.
A “simple” harassment charge is more complicated than it initially appears. The law around harassment in Colorado has been shaped by decades of appellate decisions interpreting the statute alongside First Amendment protections.
What looks like an open-and-shut case often has real defenses when you take a close look at the specific conduct, the evidence of intent, and whether the communication actually qualifies under the statute.
Here is what changes when you hire a Colorado Springs harassment attorney versus handling the case on your own:
Harassment under C.R.S. 18-9-111 requires proof of specific intent. The prosecution has to show that you acted with the purpose of harassing, annoying, or alarming another person.
That is not always easy to prove, and it is something most people do not know to challenge on their own. I have seen cases where the alleged harassment was a completely legitimate communication, a request to resolve a debt, a co-parenting exchange, or a conversation about shared property, that got charged because the other party did not like receiving it.
I have handled some of the silliest harassment cases that were clearly First Amendment-protected speech. The DAs saw it a little differently than I did, and it took quite a few months to get them to come around to my way of thinking to get a dismissal and sealing.
Colorado harassment law has significant First Amendment limitations built into it. Offensive speech, angry speech, and unwelcome speech are not necessarily criminal.
The line between protected expression and criminal harassment is not always obvious, but Colorado courts have drawn it repeatedly. An attorney who knows well-established Colorado and Federal case law can identify when charges are overbroad and make those arguments effectively.
One of the most damaging things I see in harassment cases is a defendant who, after being charged, continues to contact the alleged victim to explain themselves or patch things up.
That contact becomes additional evidence of ongoing harassment. It can result in new charges. It can violate a protection order. The very first thing a harassment attorney does is put guardrails in place to prevent those mistakes.
Whether the goal is a dismissal, a deferred judgment, or an acquittal at trial, the long-term impact on your record shapes every decision we make.
A conviction that seems minor at sentencing can close professional doors, affect custody proceedings, and follow you throughout your life and have unforeseen collateral consequences. We are always considering the “long game” when handling your case.
Class 2 misdemeanor harassment may include:
Bias-motivated harassment is a class 1 misdemeanor and may include:
Any criminal offense, including harassment, can be designated as domestic violence when it involves an intimate partner, former partner, spouse, co-parent.
Note: D.V. is based on intimate relationships, so it does not include siblings, children etc. This designation triggers a mandatory protection order at arrest. It can also create serious long-term consequences. A qualifying conviction or plea can trigger a federal firearms prohibition and more collateral consequences.
Harassment itself is not a felony under Colorado law. However, similar conduct can be charged as a more serious offense depending on the facts.
For example, a pattern of threatening or intrusive behavior may be charged as stalking, which can be a felony under C.R.S. 18-3-602. Some threatening behavior may also be charged as menacing. Threats can often run a fine line between harassment and menacing. Felony menacing requires using or showing a deadly weapon or something that appeared to be a deadly weapon.
Harassment can be a felony if it is a pattern of domestic violence, and a person has 3 prior convictions. A fourth or greater D.V. charge, even a misdemeanor offense, can be charged as a class 5 felony under the Habitual domestic violence offender law.
If the state overcharges the case, a defense can focus on reducing the case to the correct level or pursuing dismissal.
When people think about the consequences of a harassment charge, they usually think about the immediate ones: jail time, a fine, community service, or probation. Those are real, but they are often not the consequences that do the most damage over time. Here is what a harassment conviction actually means for your life beyond the courtroom:
A harassment conviction in Colorado creates a criminal record that shows up on background checks. Employers, landlords, licensing boards, and financial institutions all run these checks.
The charge may look minor compared to a felony, but a misdemeanor criminal conviction for harassment raises red flags in any number of professional and personal contexts. Many clients do not realize the record impact until they lose a job opportunity or get denied housing months or years later.
Colorado has expanded record sealing laws in recent years, and some misdemeanor harassment convictions may become eligible for sealing after a waiting period.
But that is not automatic, and the conviction sits on your record until you go back to court and successfully petition to seal it. If the case is dismissed or you are acquitted, sealing is available much sooner. This is always part of the conversation from the beginning of a case.
Many employers conduct criminal background checks as a condition of hiring, and some conduct ongoing checks for existing employees.
A harassment conviction can be disqualifying in fields like education, healthcare, government employment, defense contracting, financial services, and any profession that requires a professional/state license. Even in fields without explicit disqualification rules, a harassment conviction creates a conversation that many applicants would rather not have with a prospective employer. When your criminal record comes up in a job interview, it’s never a positive sign.
For military personnel, a harassment conviction can affect rank, duty assignments, and the ability to reenlist. For federal employees and contractors, it can affect security clearances.
The “whole person” analysis will certainly take your criminal history into account. For anyone at Fort Carson, Peterson, AFA, or Schriever, these consequences can be career-ending in ways that go well beyond the civilian impact.
Colorado licensing boards for nurses, teachers, real estate agents, attorneys, contractors, and dozens of other professions require disclosure of criminal convictions and have the authority to deny, suspend, or revoke a license based on a conviction. Even a misdemeanor harassment conviction can trigger a board investigation and require a formal response.
The risk to your professional license can far exceed the direct penalty imposed by the court. This is one of the big collateral consequences I mentioned earlier. If you have a professional license, speak to an attorney before you enter any plea agreement.
This is one of the most serious long-term consequences of a harassment conviction that comes with a domestic violence tag. Under the Lautenberg Amendment to the federal Gun Control Act, any person convicted of a domestic violence offense, including a misdemeanor, is permanently prohibited from possessing firearms under federal law. This is not a Colorado-specific rule. It applies nationwide (Federal law), and it is permanent.
For law enforcement officers, military personnel, hunters, and anyone whose profession or lifestyle involves firearms, a misdemeanor harassment conviction with a DV tag can destroy a career and fundamentally change daily life. I see this come up constantly in El Paso County, given the size of our military community.
It is one of the primary reasons we fight domestic violence designations on harassment charges, even when the underlying harassment charge itself seems minor. Unfortunately, we represent many members of the military community in DV cases, and are very aware of how a conviction will affect your career. If you carry a firearm for work, make sure you speak to an experienced Colorado criminal defense attorney before you make a decision that could alter your career.
For non-citizens, a harassment conviction can have serious immigration consequences. Although harassment may not always be considered a crime of moral turpitude (CMT), it can be.
Crimes involving moral turpitude can affect visa status, adjustment of status applications, naturalization, and can make a non-citizen removable. A domestic violence harassment conviction carries additional immigration penalties under federal law. If you are not a U.S. citizen, immigration consequences must be part of every plea discussion. Before you enter a plea, you need to understand exactly what it means for your immigration status.
If you are involved in a custody or divorce proceeding, a harassment conviction, particularly one with a domestic violence tag, can be used against you in family court.
Judges consider criminal history when evaluating parental fitness, determining custody arrangements, and setting visitation conditions. A conviction that seems resolved in criminal court can continue to follow you in family court proceedings for years.
In many harassment cases, especially those involving a domestic violence enhancement, a 18-1-1001 protection order is issued. While an arrest generates a temporary protection order automatically, a conviction or plea can result in an extended protection order.
The same act could be the basis for obtaining a civil permanent protection order. Violating that order is a separate crime. It can restrict where you can go, who you can contact, and can affect co-parenting arrangements in ways that require ongoing legal guidance.
We review police reports, body camera footage, witness statements, and communications. We look for missing context, inconsistencies, and legal weaknesses.
We engage early and strategically. In appropriate cases, early intervention can lead to reduced charges, diversion, or dismissal.
Harassment cases often hinge on subjective interpretations of words and messages. We challenge admissibility, context, and reliability, then test credibility through cross-examination.
We file motions when police overstepped or when evidence was obtained unlawfully. If the case goes to trial, we present a clear defense built around the applicable laws and the burden of proof.
When available and appropriate, we pursue options designed to avoid a conviction and protect your record. Every case is different, and so is our approach.
Harassment charges in El Paso County come from a wide variety of situations, and the defense strategy depends heavily on the specific type of conduct alleged. Here is a breakdown of the cases I see most often and what defending them actually looks like:
The “strike, shove, kick” variety of harassment is the most common type I see in my practice. These cases typically arise from arguments that turn physical but do not result in injuries serious enough to support a third-degree assault charge.
However, it is quite common to see harassment and assault charged together from the same incident. A shove during a confrontation, grabbing someone by the arm, or making unwanted physical contact with intent to harass/annoy/alarm/intimidate can all land in this category.
The key issue in these cases is usually intent. The prosecution has to prove that the contact was made with the intent to harass, annoy, or alarm, not that it was accidental or the result of a mutual physical confrontation.
We look carefully at witness accounts, video footage, and the surrounding circumstances to challenge whether the required intent was actually present.
These charges frequently come with a domestic violence tag when the incident involves current or former intimate partners. When that enhancement is applied, the entire landscape of the case changes, including mandatory protection orders and the federal firearms prohibition discussed above.
Colorado’s harassment statute prohibits repeated telephone calls with no legitimate conversational purpose, communications at inconvenient hours intended to invade privacy, and communications using fighting words or obscene language.
These cases come up constantly in post-breakup situations, contentious divorces, ongoing neighbor disputes, and business conflicts that got personal.
What makes these cases interesting from a defense standpoint is that the statute requires more than the alleged victim not wanting to receive the communications. There has to be either a demonstrated pattern with no legitimate purpose, specific threatening or obscene content, or conduct that crosses the narrow legal definitions Colorado courts have established.
I have seen these charges filed based on a series of messages that, when you read them in context, were about co-parenting logistics, shared finances, or property disputes. The fact that the recipient found them unwelcome does not necessarily make them criminal.
Since Kiana Arellano’s Law was added to the statute in 2015, electronic harassment has become an increasingly common charge. It covers electronic communications that threaten bodily injury or that contain obscene sexual content directed at the recipient.
Following People v. Moreno in 2022, the Colorado Supreme Court significantly narrowed this section. The court struck down the portion of the law that criminalized electronic communications merely intended to harass, finding it unconstitutional. The language “intended to harass” was characterized as overbroad.
What remains criminal is communications that contain true threats of injury or legally obscene sexual content, not just messages that are rude, critical, or unwelcome. If the old language was found to be constitutional, law enforcement would be on X and Reddit investigating internet trolls all day long.
These cases often involve screenshots of text threads, social media posts, emails, or direct messages taken out of context. Our defense strategy in these cases starts with a close reading of the actual content. If the communications do not contain true threats or legal obscenity, the charge does not hold up under the current state of the law.
Identity is also a major issue in online harassment cases. Proving who actually sent a message often requires digital evidence. In some cases, this could include IP address analysis and device forensics. Without that evidence, the prosecution may struggle to meet its burden of proof.
A significant portion of the harassment cases I handle involve a domestic violence designation. This happens when the alleged conduct occurred within an intimate relationship and is characterized as a method of coercion, control, punishment, intimidation, or retaliation against a partner or former partner.
These cases are treated differently from the moment of arrest. Colorado’s mandatory arrest policy means someone almost always goes to jail when law enforcement responds to a domestic incident involving alleged harassment. A mandatory protection order is issued at the first appearance. The DA’s office has the authority to proceed with the charge even if the alleged victim later wants it dropped.
What I see frequently in these cases is conduct that, outside the intimate relationship context, would never have been charged as a crime. Persistent text messages during a breakup. Calling multiple times in a night. Showing up at a shared location. These become criminal when the domestic violence tag is applied and when they are characterized as harassment with intent to control or intimidate.
Criminal workplace harassment under C.R.S. 18-9-111 is distinct from civil workplace harassment claims under employment law. Criminal charges in a workplace context typically involve physical contact, threatening communications, or a pattern of conduct that rises to the level of fighting words or true threats.
When people talk about “sexual harassment”, that is a different thing. There is no statute in Colorado specifically for “sexual harassment’, but there are several activities that are generally considered sexual harassment that could be charged as other crimes. One common example is Unlawful sexual contact (unwanted touching of private parts), or simple harassment that repeatedly refers to sexual acts with the required intent.
These cases often arise from conflicts between coworkers, situations involving a former employee, or conduct toward a supervisor or subordinate. They sometimes come alongside civil restraining order proceedings or employment termination disputes. Defending these cases requires a careful look at the workplace relationship, prior communications, and whether the alleged conduct meets the actual criminal standard rather than just the civil harassment definition.
Workplace harassment is a great way to get fired and get criminal charges in one fell swoop. If you’ve been accused of harassment in work, give us a call to discuss your options.
Colorado’s harassment statute includes following a person in or about a public place with intent to harass. This is a step below stalking, which is charged under C.R.S. 18-3-602 and requires a pattern of conduct that would cause a reasonable person serious emotional distress. Single or limited incidents of following someone can still result in a harassment charge if the intent to harass is provable.
These cases can be difficult because the line between criminal following and coincidental presence is not always obvious. We look at the circumstances, the relationship between the parties, prior interactions, and any communications that illuminate whether the alleged conduct was intentional and specifically directed at alarming the person being followed.
Harassment that is motivated by the victim’s actual or perceived race, color, religion, ancestry, national origin, physical or mental disability, or sexual orientation can be charged as a class 1 misdemeanor rather than a class 2 misdemeanor, carrying higher potential penalties.
These cases turn heavily on evidence of motive and intent. Prosecutors have to prove not just that the harassment occurred but that it was directed at the victim because of their membership in a protected class. The speech and context evidence becomes the central battleground. Many of these cases also involve First Amendment complexity, because the protected characteristic of the victim does not transform otherwise protected speech into criminal conduct.
Under C.R.S. 18-9-111, harassment generally involves conduct done with intent to harass, annoy, or alarm another person.
Depending on the subsection, this can include repeated contact, following someone in public, obscene language directed at a person, repeated calls or messages, or physical contact, often called strike/shove/kick harassment.
If the physical contact causes injury or pain, the charges will likely be filed as “third degree assault”. It is not uncommon to have assault and harassment both charged as part of the same incident.
The prosecution must prove specific intent. This is where the action must be shown to be used to harass, annoy, alarm, etc.
The intent element (mens rea) is often where strong defenses are built.
If you have been charged with harassment in Colorado Springs, you are probably looking for a realistic picture of what comes next. The process can feel overwhelming, especially if this is your first contact with the criminal justice system. Here is a step-by-step guide to what typically happens after a harassment charge in El Paso County.
Many harassment cases begin with an arrest, particularly in domestic violence situations. Colorado’s mandatory arrest law means that when law enforcement responds to a domestic incident and finds evidence supporting a harassment charge, someone is going to jail. You will be booked at the El Paso County Criminal Justice Center, which involves fingerprinting, a photograph, and a review of your criminal history.
In non-domestic harassment cases, some charges are filed by summons (ticket) rather than arrest. You may receive a notice to appear in court without a booking. This is more common in lower-level (non-DV) harassment cases.
If you are arrested, your first court appearance typically happens within 24 to 48 hours. The judge reviews the charges and sets bond conditions. In domestic violence cases, a mandatory protection order is issued at the first appearance, regardless of your wishes or the alleged victim’s wishes. That order can immediately restrict where you can live, who you can contact, and can affect your ability to see your children.
Misdemeanor harassment cases in Colorado Springs are typically heard in El Paso County Combined Court. Understanding how the court processes these cases, what the typical timelines look like, and how different judges approach harassment charges are all things that local experience brings to the table.
Protection orders in harassment cases deserve their own discussion because they are one of the most immediately disruptive consequences of a charge. In DV-tagged harassment cases, the mandatory protection order is automatic and takes effect at the first appearance.
Violating a protection order is a separate criminal offense. The most important thing I tell new clients is: read the order carefully, understand exactly what it prohibits, and do not test its limits while the case is pending. Do not attempt third-party contact or hope the alleged victim won’t report the contact. It is a serious violation and can result in new charges.
After an arrest, the DA’s office reviews the case and decides what charges to formally file. In some misdemeanor cases the DAs simply adopt the charges on the summons and add/amend later if necessary. In misdemeanor harassment cases, this typically happens quickly. Once charges are filed, your attorney receives the prosecution’s evidence through discovery, including the police report, any recorded statements, screenshots of communications, witness statements, and any video footage.
Discovery is where we find out what the prosecution actually has. How strong is their case? In communication-based harassment cases, this is when we see the actual messages, posts, or call logs they are relying on. That is often where we identify the strongest defenses, because what looks damaging in a police report summary often looks different when you read the actual communications in full context.
Before any trial, we have the opportunity to challenge the evidence the prosecution plans to use. In harassment cases, this frequently involves motions to suppress statements made without proper Miranda warnings, challenges to electronic evidence obtained without proper legal authority, and motions arguing that the specific conduct charged does not meet the statutory definition of harassment under current Colorado law.
Given the First Amendment history of Colorado’s harassment statute, there is also real opportunity in some cases to file a motion arguing that the charged conduct is constitutionally protected speech. These motions do not always succeed, but they create an important record and can sometimes resolve a case before it ever gets to trial.
The majority of harassment cases in El Paso County are resolved through negotiations before trial. An experienced Colorado Springs harassment attorney uses the weaknesses in the prosecution’s case, the strength of the available defenses, and the specific circumstances of the client to negotiate for the best possible outcome. That might be a dismissal, or a deferred judgment that avoids a conviction entirely. It could also mean a plea agreement that minimizes your exposure/possible penalties if the case were to proceed to trial.
If the case does not resolve through negotiation on acceptable terms, we go to trial. Harassment cases are tried before a judge in most misdemeanor situations, though jury trials are available. At trial, the prosecution has to prove every element of the offense beyond a reasonable doubt, including the intent to harass. That burden is real, and it creates genuine opportunities to get a “not guilty” verdict.
In speech-based harassment cases, First Amendment arguments and challenges to whether the specific words or communications meet the legal standard for harassment are the core of the trial defense. This is especially true after the 2022 People v. Moreno decision. In physical contact cases, self-defense, lack of intent, and credibility of the complaining witness are the central issues.
Harassment requires proof of specific intent. Misunderstandings and context problems matter.
The law must be applied in a way that does not criminalize protected speech. True threats and certain conduct are not protected. This is a very common defense. Sometimes, police think something is harassment when it is protected speech. The 1st Amendment protects a lot of things we say, but not everything is protected speech. I’ve seen this quite a bit in my practice.
Harassment claims often arise during breakups, custody disputes, or workplace conflicts. We investigate motive and credibility.
The state must prove every element beyond a reasonable doubt. If the evidence does not support the charge, the case should not stand. The burden of proof is always on the prosecution.
Some harassment subsections require repeated communications or contact. Others do not. The exact subsection controls the defense.
If police violated your rights during the investigation, suppression can change the case. If the harassment was digital (texts, emails) and the evidence is suppressed, the case may not be provable.
Prior relationship history can change what the evidence means. Context matters.
Call a Colorado harassment defense lawyer before your first court date.
Legal fees are one of the first questions people have when they are facing a charge, and I believe in being direct about them. Here is how fees work at the McDowell Law Firm for harassment defense cases in Colorado Springs.
Harassment defense at this firm is handled on a flat fee or an hourly basis. Most of my clients choose a flat fee arrangement. Before we begin, you know exactly what the representation costs, whether that is a pretrial resolution or going through trial.
The flat fee structure means you can budget, plan, and make decisions about your case without watching a clock every time you call with a question.
Fees vary based on the complexity of the case, but here is a general range for context. Misdemeanor harassment cases that are likely to resolve through negotiation before trial typically range from $3,000 to $5,000 depending on the charge level, whether a domestic violence enhancement is involved, and how much pretrial work is required.
Cases involving electronic or online harassment with significant digital evidence may be at the higher end of that range. There is often a separate trial fee. Higher attorneys’ fees for more serious charges (from the same set of facts) should be expected.
The specific fee for your case is discussed during the free initial consultation. I do not send you a quote without first understanding the facts and charges.
We understand that being charged with a crime is already stressful enough without the added pressure of figuring out how to pay a lawyer.
We work with clients on payment arrangements. If upfront payment of the full fee is not possible, we discuss a payment plan that makes immediate representation accessible. That conversation happens at the initial consultation, not after you have already committed to hiring us.
Several things influence what a harassment defense costs in Colorado Springs:
Charge level: A simple class 2 misdemeanor harassment charge is a different case than a case with a domestic violence enhancement
Domestic violence designation: DV-tagged cases require more pretrial work, protection order navigation, and carry higher stakes
Volume of evidence: Communication-based harassment cases with hundreds of text messages or social media posts require more analysis than a simple physical contact case
Whether pretrial motions are needed: Preparing, filing and arguing suppression motions or constitutional challenges adds time and cost
Prior criminal history: A client with prior convictions faces a harder negotiation landscape, which affects the amount of work required to reach a good outcome
I understand that people want to know what something costs before deciding whether to hire an attorney. But a harassment conviction with a domestic violence tag can cost you your career, your firearms rights, and your immigration status. The fee for a defense attorney is usually a fraction of what a bad outcome actually costs you in the long run.
When retaining a defense lawyer, you are hiring someone who knows the system, knows the law, and is fighting specifically for the best result in your case.
Before I became a defense attorney, I spent years as a Deputy District Attorney in El Paso County’s 4th Judicial District. I built harassment cases. I made charging decisions and entered into plea negotiations. I know exactly what the DA’s office looks for when it prepares a case, what evidence they prioritize, and where their cases are most vulnerable. That experience is not something you can learn from a textbook or replicate without actually having been on that side of the courtroom.
When I look at a harassment case now, I can immediately see it from both sides to evaluate the strengths/weaknesses of a case. I know what argument is going to land and what won’t. I know which evidence matters most in El Paso County courtrooms. That perspective shapes strategy in ways that benefit every client who hires this firm.
Colorado’s harassment statute has a complicated legal history. It has been challenged on First Amendment grounds repeatedly, and the Supreme Court has struck down portions of it more than once. The current state of the law reflects years of judicial refinement, and knowing that case law is essential to building an effective defense. That knowledge is what separates a generic criminal defense response from a defense that actually targets the prosecution’s weaknesses.
I personally handle every case at this firm. You are not handed off to a junior associate or a paralegal after your initial meeting. When your case has a development, I am the one who calls you. When you have questions, I am the one who answers them. That kind of direct attention is not standard across all criminal defense firms, and it matters to the outcome. Clients who are kept informed and involved make better decisions, and attorneys who know every detail of a case are better prepared to advocate effectively.
A significant portion of my practice involves clients from Fort Carson, Peterson Space Force Base, and Schriever Space Force Base. Harassment charges carry unique consequences for military personnel, including potential impact on rank, security clearances, deployment status, and benefits. A domestic violence harassment conviction can end a military career through the federal firearms prohibition alone. I understand what is at stake for service members, and I fight for them with that full picture in mind.
Results matter. Dismissed charges, acquittals at trial, and favorable plea agreements that avoid convictions are the kinds of results that define a defense firm’s reputation. I have achieved real results in criminal cases in El Paso County for over 20 years, both as a prosecutor and as a criminal defense lawyer. My goal in every case is to provide value to my clients and to achieve a result that they are happy with. No criminal attorney can guarantee results, but we can work together to prepare the best defense in your case.
I have practiced in El Paso County criminal courts since 2004. I know the system and the people. I know the procedural culture of Colorado Springs Municipal Court and El Paso County Combined Court. That local knowledge informs every decision I make in a case, from how to present an argument to a specific prosecutor to how to frame a defense that will have an impact. In a criminal case, I believe you should hire local counsel on criminal cases; it can make a big difference.
Your first conversation with me costs nothing. We walk through the facts of your case, I give you an honest assessment of the charge and the defenses available, and you decide what you want to do. I do not pressure anyone into hiring me. My goal in that first conversation is for you to leave with a clearer picture of where you stand, regardless of what you decide next. You’ll understand the scope of our representation and how much it will cost.
Josh McDowell is the founding attorney of The McDowell Law Firm in Colorado Springs. He has been practicing criminal law in Colorado courts since 2004, first as a Deputy District Attorney in El Paso County’s 4th Judicial District and then as a criminal defense attorney serving individuals and families throughout the Colorado Springs area.
Josh graduated earned his J.D. from the University of Colorado Boulder School of Law in 2003.
Before founding his own firm, he served as a Deputy District Attorney at the 4th Judicial District DA’s office, where he prosecuted criminal cases including harassment, assault, domestic violence, DUI, juvenile and felony offenses. That prosecutorial experience is one of the things that most distinguishes his defense practice.
Josh handles criminal defense, DUI, domestic violence, and personal injury matters throughout El Paso County, including clients from the local community and from Fort Carson, Peterson Space Force Base, and Schriever Space Force Base. He personally handles every case at the firm, which means when you hire Josh McDowell, you work with Josh McDowell throughout your case, not an associate who met you at intake.
Harassment cases are a significant part of Josh’s practice. He has defended physical contact harassment, communication-based harassment, electronic harassment, and harassment charges carrying domestic violence enhancements. He understands the First Amendment dimensions of these cases, the domestic violence overlay that complicates so many of them, and the long-term record consequences that make fighting even a misdemeanor harassment charge worth the effort.
Ready to fight your harassment charge? Call McDowell Law Firm for a free, confidential consultation.
No, but the two often go together. Domestic violence isn’t the charge itself; it is an enhancer. Meaning you will be assault, false imprisonment, harassment, etc. as he charges, and they will have a DV tag/enhancement as part of that charge.
Harassment is the underlying criminal offense, charged under C.R.S. 18-9-111. Domestic violence is a sentencing enhancement under C.R.S. 18-6-801, not a separate crime. When a harassment charge involves conduct between current or former intimate partners, spouses, or co-parents, and the conduct is alleged to have been used as a method of coercion, control, intimidation, or retaliation, the domestic violence tag gets added to the harassment charge.
The difference matters enormously in terms of consequences. A harassment conviction with a domestic violence enhancement triggers mandatory protection orders, required treatment programs, the federal firearms prohibition under the Lautenberg Amendment, and immigration consequences. If someone tells you they are facing a domestic violence charge, there is an underlying offense, like harassment, assault, or criminal mischief, with the DV designation attached to it.
As early as possible. Early intervention gives us the opportunity to review evidence, prepare a defense, walk you through the pitfalls and consequences that accompany a harassment charge.
The first appearance is where bond conditions and protection orders are set, and having counsel at that stage can affect those conditions meaningfully. At a minimum, hire an attorney before you say anything substantive to law enforcement or prosecutors. Statements made early in a case are almost always used against defendants later. Better yet, just don’t say anything at all. It can and will be used against you in court.
It can be, it can also be a decision that has major life impacts. It depends entirely on the specific offer and your specific situation. Some plea deals in harassment cases are genuinely good outcomes, particularly if the offer involves a deferred judgment. Other plea deals can be bad decisions that look minor on the surface but carry long-term consequences the defendant did not fully understand.
The most important thing is that you understand what you are agreeing to before you sign anything. I spend real time with clients walking through exactly what a plea means for their record, their firearms rights, their immigration status, and their professional licenses. A plea that looks fine on paper can have consequences that unfold over years. Do not accept a plea without understanding the full picture.
Any time you are charged with criminal harassment, you should at minimum consult with an attorney before deciding how to proceed. That consultation costs nothing at this firm. Even if you ultimately decide to handle the case yourself or accept an initial offer, you can make a better decision with a clear understanding of the law, the charges, and what the potential outcomes actually mean for your life.
Situations where hiring an attorney is especially important: any case involving a domestic violence designation, any case involving a potential felony add-on charge, any situation where you are in the military or hold a professional license, any case involving immigration consequences, and any case where the conduct was more ambiguous or defensible than the police report makes it look. In practice, that covers most harassment cases.
Harassment is a criminal offense, so you want a criminal defense attorney. Specifically, you want a criminal defense attorney with experience in harassment cases in the jurisdiction where the charges are filed. In Colorado Springs, that means someone who knows Colorado’s harassment statute in depth, is familiar with El Paso County courts, and has handled the First Amendment issues and domestic violence overlaps that make up the reality of how these cases actually work in practice.
It depends on the type of harassment alleged and the quality of the prosecution’s evidence. Communication-based harassment cases, particularly online harassment cases, often have significant defenses around content (whether the communications actually meet the legal definition), intent (whether the purpose was to harass versus to address a legitimate issue), and identity (whether the prosecution can actually prove who sent the messages). Physical contact harassment cases are harder to defend when there are witnesses or video, but intent is always a consideration.
Domestic violence harassment cases present their own additional challenges: the mandatory arrest policy, the DA’s independent authority to proceed without victim cooperation, and the political environment around DV prosecutions. That does not mean they cannot be won or resolved favorably. It means they require a more refined strategy.
In general, the cases that look the hardest to defend at first glance are often not as strong for the prosecution as the police report suggests. That is why a thorough review of the actual evidence, not just the summary in the initial report, is always the starting point.
Most harassment charges under C.R.S. 18-9-111 are class 2 misdemeanors. Bias-motivated harassment is class 1. Some limited conduct may be charged as a petty offense.
Yes. Any criminal offense can be designated as domestic violence when it involves an intimate partner or certain family relationships. A mandatory protection order typically applies after arrest in those cases.
Yes. A defense attorney can challenge intent, context, and evidence, in pursuit of dismissing the charges, or an acquittal at trial. An attorney can also help with plea alternatives and reduced sentencing options.
Yes. Charges and convictions show up on background checks. Record sealing depends on the case outcome and waiting periods.
Many misdemeanor cases resolve in 3-5 months. Cases that go to trial or involve more serious related charges can take longer.
Misdemeanor cases are handled in El Paso County Court within the Fourth Judicial District. Felony cases are handled in District Court. Military members may also face military proceedings depending on command decisions.
Yes. Harassment is a criminal offense under C.R.S. 18-9-111. Most cases are charged as a class 2 misdemeanor. Bias-motivated harassment is a class 1 misdemeanor. Some limited forms of obscene public gestures may be charged as a petty offense. (10 days jail and a $300 fine)
