Phones are an enormous part of modern society. Not only do our cell phones provide us with a way to interact with our friends, get important information from our doctors, or receive the offer for a new job, they offer important access to emergency assistance from police or firefighters. Because of this, there are laws which protect phone lines from being tampered with or destroyed. This is because it is important for an individual to call 911 if a crime is being committed, a family member is injured, or their home is on fire. To tamper with a telephone line or service is a serious criminal offense in Arapahoe County.
Tampering with a person's phone is a serious criminal offense.
What is Obstruction of Telephone Service?
When 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 by or through any telegraph or telephone line, wire, cable, or other facility or any cordless, wireless, electronic, mechanical, or other device,” they are committing Obstruction of Telephone Service.
Police Overcharge this Crime
Police often overcharge this offense, however. It is often charged along with crimes such as Domestic Violence or Criminal Mischief in Adams County. Even grabbing the phone when someone is trying to make a call can be seen as Obstruction of Telephone Service.
A Common Example of Telephone Service Obstruction
A couple is having an argument. Things escalate, and the woman reaches for the phone and dials 911. The man is angry, and jerks the phone away from her, not knowing the call is already going through. When the police from Denver County arrive, they could charge the husband with Obstruction of Telephone Service.
Consequences for Obstruction of Telephone Service
Obstruction of Telephone Service is considered a class 1 misdemeanor. If convicted of the charge in Jefferson County, the individual could face up to eighteen months in the county jail and pay a maximum fine of $5,000.
Defense for Obstruction of Telephone Service Charge
When a person is charged with Obstruction of Telephone Service in Douglas County, the District Attorney must prove every single element (part) of C.R.S. 18-9-306.5, which means they must convince a jury beyond a reasonable doubt that the defendant “knowingly prevented, obstructed, or delayed the telephone communication of another individual.” Our job as criminal defense attorneys is to make sure this does not happen. Very often, juries We work hard to find evidence to prove your innocence.don't understand the DA must prove “beyond a reasonable doubt.” Without proof, your case doesn't stand. If you have been charged with the crime of Obstruction of Telephone Service, you need an experienced criminal defense lawyer. Having one to represent you against these accusations can prove indispensable in beating the government. The skilled criminal attorneys at O'Malley and Sawyer, LLC know how to formulate a defense that will have a favorable outcome. They have experience in fighting these criminal offenses.
Colorado Obstruction of Telephone Service Statute – C.R.S. 18-9-306.5
“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 cordless, wireless, electronic, mechanical, or other device.”