Greeley Stalking Lawyer
Stalking is considered an extraordinary risk crime in Colorado and comes with serious consequences. Sometimes, motivations are misconstrued and actions can be seen as threatening, when they were never meant to be. This often occurs after broken relationships when one side wants to restore what another sees as a lost cause. It is important to have legal representation you can trust if you are facing Stalking charges.
What is the Definition of Stalking?
There are three situations defined under the statute, which constitute Stalking. C.R.S. 18-3-602 – Stalking – is defined by Colorado law as:
- Makes a credible threat to another person and, in connection with the threat, repeatedly follows, approaches, contacts, or places under surveillance that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship; or
- Makes a credible threat to another person and, in connection with the threat, repeatedly makes any form of communication with that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship, regardless of whether a conversation ensues; or
- Repeatedly follows, approaches, contacts, places under surveillance, or makes any form of communication with another person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship in a manner that would cause a reasonable person to suffer serious emotional distress and does cause that person, a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship to suffer serious emotional distress. For purposes of this paragraph (c), a victim need not show that he or she received professional treatment or counseling to show that he or she suffered serious emotional distress.
What is the Sentence for Stalking?
Stalking, an extraordinary risk crime, can be charged as a class 4 or class 5 felony in Greeley, Johnstown, and Windsor. The penalties are modified and increased due to the extraordinary risk designator, because of the harm this crime presents to society. The felony level for this crime and punishment are as follows:
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Class 5 Felony |
Class 4 Felony | Class 4 Felony | |
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Examples of Stalking
Stalking can come in many forms, especially with all the technology available these days. The National Center for Victims of Crimes website provides a list of some common activities someone accused of Stalking may have participated in:
Some things Stalkers do:
- Follow you and show up wherever you are.
- Send unwanted gifts, letters, cards, or e-mails.
- Damage your home, car, or other property.
- Monitor your phone calls or computer use.
- Use technology, like hidden cameras or global positioning systems (GPS), to track where you go.
- Drive by or hang out at your home, school, or work.
- Threaten to hurt you, your family, friends, or pets.
- Find out about you by using public records or online search services, hiring investigators, going through your garbage, or contacting friends, family, neighbors, or co-workers.
- Posting information or spreading rumors about you on the Internet, in a public place, or by word of mouth.
- Other actions that control, track, or frighten you.
Not all Stalking cases are malicious or devious. We have seen cases where an ex-husband is worried about the level of care his former wife is providing his kids, so he checks up on her with repeated calls and showing up to places she goes. Others genuinely want to get back together. If the ex-wife feels threatened or afraid, she may report this behavior to the police and the man could be charged with Domestic Violence Stalking.
In most Stalking cases, Weld, Morgan, and Logan County deputies will try to speak with the suspect prior to issuing an arrest warrant. They hope to get evidence to use against the accused. If you are approached by law enforcement, it is always best to remain silent. It may be tempting to defend yourself, especially if you feel you are innocent, but it will not help you in the long run. The experienced lawyers from the O’Malley Law Office always have your best interest at heart and will fight to protect you.