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Official Misconduct Charges in Denver | CRS 18-8-404

Posted by Kyle B. Sawyer | Sep 17, 2020 | 0 Comments

Official Misconduct Charges
Official Misconduct Charges

Official misconduct charges in Denver can result when a public servant abuses their power in some way. Government employees that use their position for personal benefit or to harm another may face criminal charges. Police officers who let friends off the hook or use law enforcement tools for personal interests are just a few examples of official misconduct. Public officials and law enforcement are held to a high standard and misusing their resources is unlawful throughout Colorado. Anyone facing allegations of official misconduct should connect with an experienced defense attorney as soon as possible.

Denver Official Misconduct

Denver County's official misconduct law prohibits public servants from using their role for personal gain or to harm others. CRS 18-8-404 provides specific definitions for this offense throughout Colorado. You commit official misconduct in Denver, Cherry Creek, or Park Hill if you:

  • intending to obtain personal benefit or benefit for another (or to cause someone harm),
  • knowingly commit an act relating to your office but that is unauthorized exercise of your official function,
  • knowingly fail to perform a duty imposed on you by law,
  • or knowingly violate a statute or lawful rule or regulation related to your role 

The term public servant applies to a great deal of positions. State, county, city, and federal government employees all fall under this umbrella. Mayors, clerks, deputies, police officers, park rangers, prosecutors, senators, health officers, judges and federal agents are just some of the positions that can encounter official misconduct charges.

First-Degree Official Misconduct Penalties

Each official misconduct case is different. Ramifications for conviction won't always look the same. As a class 2 misdemeanor, defendants in official misconduct cases face:

  • up to 12 months in county jail,
  • a maximum fine of $1,000

In cases where the official knowingly and arbitrarily refrained from a responsibility or violated a statute or regulation, second-degree official misconduct applies. This a petty offense that could result in up to 6 months in county jail and a few hundred dollars in fines.

Official Misconduct Defense Attorney in Denver

Just because you're under investigation for official misconduct doesn't mean you're guilty. Even if formal charges transpire, you have the right to fight those charges and protect your position and reputation. We have decades of experience successfully representing clients facing many different white-collar crimes in Denver, Colorado Springs, and Fort Collins. We invite you contact our office for a free, confidential consultation with one of our strategic defense attorneys. We will carefully analyze your unique case, as well as suggest next steps in your defense.

If you or someone you know is facing official misconduct charges in Colorado, proceed carefully. Contact the skilled criminal defense lawyers at O'Malley and Sawyer, LLC at 303-830-0880. Don't talk to the police - talk to us.

Photo by Andrew Coop

About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.

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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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