In Greeley, Colorado, if you have been charged with Stalking or Harassment, you will want to understand the differences between these charges, since one is much worse. And, it is always smart to hire a low cost attorney who can help you understand the criminal charges you are facing and get you the best possible outcome in your case. Let’s look at how these charges are defined.
What is Stalking, C.R.S. 18-3-602, in Weld County?
Stalking, C.R.S. 18-3-602, is defined in Weld County as when someone:
(a) 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
(b) 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
(c) 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 Definition of Harassment, C.R.S. 18-9-111, in Greeley, Colorado?
The Greeley, definition of Harassment, C.R.S. 18-9-111, is:
(a) Strikes, shoves, kicks, or otherwise touches a person or subjects him to physical contact; or
(b) In a public place directs obscene language or makes an obscene gesture to or at another person; or
(c) Follows a person in or about a public place;
(e) Directly or indirectly initiates communication with a person or directs language toward another person, anonymously or otherwise, by telephone, telephone network, data network, text message, instant message, computer, computer network, computer system, or other interactive electronic medium in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone, computer, computer network, computer system, or other interactive electronic medium that is obscene; or
(f) Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legitimate conversation; or
(g) Makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another’s home or private residence or other private property; or
(h) Repeatedly insults, taunts, challenges, or makes communications in offensively coarse language to, another in a manner likely to provoke a violent or disorderly response.
It is important to note that while both of these criminal charges can apply to repeated behavior, Stalking includes a credible threat in two of its subsections. In the third, Stalking occurs without a credible threat if someone suffers serious emotional distress.
Weld County’s Definition of a Credible Threat
A credible threat in Weld County is defined in C.R.S. 18-3-602 (2b) as:
“Credible threat” means a threat, physical action, or repeated conduct that would cause a reasonable person to be in fear for the person’s safety or the safety of his or her immediate family or of someone with whom the person has or has had a continuing relationship. The threat need not be directly expressed if the totality of the conduct would cause a reasonable person such fear.
What is the Punishment for a Stalking Conviction in Greeley, Colorado?
In Greeley, Stalking is a class 5 felony. The penalties for this class 5 felony are 1 – 4 years in the Colorado Department of Corrections, and/or a fine of $1,000-$100,000, with a mandatory 2-year parole. Stalking is an Extraordinary Risk Crime, which means the penalties can be more severe for this crime. Also, if this is a second Stalking conviction or there was also a violation of a Protection Order, then the penalties could be 2 – 8 years in a Colorado prison and/or a fine of $2,000 – $500,000 with a mandatory 3-year parole.
In Weld County What are the Penalties and Punishment for Harassment?
In Weld County, Harassment is a much less serious class 3 misdemeanor. The penalties for a class 3 misdemeanor are probation, a fine between $50 – $750, and up to 6 months in the Weld County Jail.
Both Stalking and Harassment are criminal charges that can lead to large fines, jail time, and a risk to lose you gun rights. If you are facing Stalking or Harassment charges, seek the help of Greeley’s leading attorneys to navigate the Weld County Court system. Hire a low cost attorney who can protect your constitutional rights.
If you or someone you love has been charged with or arrested for Stalking or Harassment, be smart, exercise your right to remain silent, and contact the best Weld County criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
Image by 955169 from Pixabay