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Obstruction of Telephone Service Lawyer in Denver: How is It Charged?

Posted by Terry O'Malley | Apr 11, 2016 | 0 Comments

Obstruction of Telephone or Telegraph Service, C.R.S. 18-9-306.5, is commonly charged in Denver, Wheat Ridge and Jefferson County whenever a 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. A person would have to obstruct a message, communication or report that is being sent by or through any telegraph or telephone line, wire, cable, or other facility or any cordless, wireless, electronic, mechanical, or other device. An example of how this crime would be charged would be if a father and a child are arguing, and the mother calls the police. The 911 call goes through and the mother talks with police briefly, until the father takes away the phone and hangs up. For obstructing the 911 call, the father could be charged with Obstruction of Telephone Service.

Facing Obstruction of Telephone Service charges?

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What is the Sentence for Obstruction of Telephone Service in Arapahoe County?

In Arapahoe and Douglas County, Obstruction of Telephone Service is charged as a class one (1) misdemeanor. A class 1 misdemeanor conviction can result in up to an 18 month Arapahoe County jail sentence and up to $5,000 in fines. Our criminal lawyers sometimes even see Domestic Violence (DV) charged alongside Obstruction of Telephone Service, especially after arguments occur between non-married couples and spouses. A DV charge can have a dramatic effect on your future, including firearm restrictions, the issuance of a restraining order and DV treatment.

Criminal Defense Lawyer in Adams County Can Fight Telephone Obstruction Charges

In Adams County and Morgan County, an experienced criminal defense lawyer can fight against Obstruction of Telephone Service charges in numerous ways. One way we can fight these charges is by focusing on the “knowingly” part of the statute. The prosecution must prove you knowingly obstructed a call to be convicted.The prosecution must prove you knowingly prevented, obstructed or delayed the communication. If an Adams County DA cannot prove beyond a reasonable doubt that you met every element of the Obstruction of Telephone Service statute (including that you knowingly obstructed a call), you will not receive a conviction of this charge.

You need an experienced lawyer if you've been charged with Obstruction of Telephone Service.

Obstruction of Telephone Service Attorney Says “Crazy Law”

This law is overly broad and crazy.  Imagine two teens sitting around and texting others.  Jimmy tells Sally that he is going to text Brian and tell him that Sally likes him. He starts the text, when an embarassed Sally grabs the phone and says, “oh no you are not!”  She has just committed a class one misdemeanor.  Here is the definition of Obstruction of Telephone Service again: whenever a 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.  That text was delayed and that text was a message.  Is that really what lawmakers should be convicting people of?

Charged with Obstruction of Telephone Service in Denver? Call Us (If no one obstructs or delays your call)

If you've been arrested, charged or accused of Obstruction of Telephone Service in Denver or anywhere else in Colorado, contact a top criminal defense attorney at the O'Malley Law Office today. Our lawyers will fight hard to counter the government's side and ensure you receive the best possible outcome in your criminal case. You can't afford any restrictions on your freedom, including jail, treatment and possible fines. Call our office today to speak with one of our top criminal defense attorneys.

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If you or a loved one has been charged with Obstruction of Telephone Service anywhere in Colorado, be smart, exercise your right to remain silent and call us. We have been successful in our representation of clients charged with Obstruction of Telephone Service in Colorado. Call us today at 303-830-0880 for a free initial consultation. Together, we can protect your future.Request a Free Consultation

Image Credit: FreeDigitalPhotos.net – Mister GC

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Terry O'Malley

Get Help Now! Request a Free Consultation Meet Criminal Defense Attorney Terry O'Malley If you have been charged with a crime, you are probably dealing with strong emotions about your upcoming court appearance. You are struggling with knowing how to choose a trustworthy lawyer to represent you...

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If you or a loved one is facing criminal charges in the Denver area, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers at O’Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation

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