In Greeley and Weld County, Harassment and Stalking are often mentioned together in police reports, restraining orders, and domestic disputes. But, under Colorado law, they are two distinct crimes with different definitions, penalties, and long-term consequences. If you’ve been accused of either offense, understanding the difference is crucial. Both charges can lead to jail time, protective orders, and a criminal record that could impact employment, custody, and gun rights.
Greeley Defense Lawyer: Harassment Under Colorado Law (C.R.S. § 18-9-111)
Harassment in Greeley, Colorado is a broad misdemeanor offense that covers many types of behavior intended to annoy, alarm, or abuse another person. You can be charged with Harassment for actions such as:
- Repeated unwanted phone calls, texts, or emails
- Insulting, taunting, or challenging someone in a way likely to provoke violence
- Following someone in a public place
- Making obscene gestures or comments
- Touching someone without consent (non-sexual)
Intent is key: The Weld County DA must prove you acted with the intent to harass, annoy, or alarm.
Penalties for Harassment:
- Depending on the subsection charged, Harassment can be a petty offense, class 2 misdemeanor, or class 1 misdemeanor.
- May include jail time, mandatory counseling, restraining orders, or probation
In some cases—such as Harassment involving racial bias or Domestic Violence—the charge may be elevated, and Domestic Violence designations can apply.
Weld County Stalking Attorney: Stalking Under Colorado Law (C.R.S. § 18-3-602)
Stalking, often called “Vonnie’s Law” in Weld County, Colorado, is treated much more seriously than Harassment. You can be charged with Stalking if you:
- Make credible threats and repeatedly follow, approach, contact, or surveil someone
- Cause another person to experience serious emotional distress through repeated behavior
Unlike Harassment, Stalking requires a pattern of behavior and can include things like:
- Repeatedly showing up at someone’s home or workplace
- Sending unwanted gifts or letters after being told to stop
- Installing tracking devices or using GPS surveillance
- Posting personal information online to intimidate or control
Even if no physical contact occurs, Stalking charges can apply if the victim reasonably fears for their safety or is emotionally distressed.
Penalties for Stalking:
- Class 5 felony (first offense): 1 to 3 years in the Colorado Department of Corrections
- Class 4 felony (if there’s a prior conviction or a protection order was in place): 2 to 6 years in the Colorado Department of Corrections
- Mandatory protection orders, no-contact orders, and counseling
- May lead to loss of gun rights and lifetime consequences
Key Differences: Harassment vs. Stalking in Erie and Evans
|
Factor |
Harassment |
Stalking |
| Level of offense | Usually a misdemeanor | Always a felony |
| Requires repeated behavior? | Not always | Yes |
| Emotional distress required? | No | Yes |
| Credible threat needed? | No | Often, yes |
| Protective orders likely? | Sometimes | Very likely |
Can Harassment Turn Into Stalking?
Yes. Many Stalking cases begin with Harassment allegations. If the conduct continues, especially after a warning or protection order, prosecutors may escalate charges from Harassment to Stalking.
This is especially common in:
- Domestic Violence cases
- Breakups or divorces
- Neighbor disputes
- Social media conflicts
Facing Harassment or Stalking Charges in Windsor? Why You Need a Criminal Defense Attorney
Whether you’re accused of Harassment, Stalking, or both, these are not charges to take lightly. Both carry social stigma, possible jail time, and long-term consequences. In stalking cases, the penalties are severe—even for first-time offenders.
At O’Malley Law Office, we take immediate action to:
- Review the evidence (texts, calls, videos, social media)
- Challenge false or exaggerated claims
- Protect your rights in court and during police interviews
- Fight to reduce or dismiss charges