In Greeley, Colorado, you can be accused of Stalking anytime your repeated contact scares the person you’re contacting. Even if you have good intentions, your “victim” may still be fearful of you and report your actions to Greeley police. There are many ways a person can commit the crime of Stalking. Most people tend to think of the creepy guy that movies and books often use. However, Stalking cases are not this clear cut. Not every “stalker” is a creepy admirer who just won’t take no for an answer. Some people accused of stalking have been recently broken up with and are trying to reconcile the relationship. Others are divorced parents who may be overprotective of their child when they’re with the other parent. Sometimes there are other factors at play as well. A person might suffer from a mental disorder where they do not easily read social cues, so their actions come off as frightening and someone calls the cops for Stalking. There are a multitude of ways a person might face Stalking charges, so if you’re being accused, reach out to an experienced criminal defense attorney in Greeley immediately.
What is Stalking, C.R.S. 18-3-602, in Weld County?
In Weld County, an officer will charge a person with Stalking, C.R.S. 18-3-602, when a person has:
(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 this statute is saying is that if you make a real threat against someone, and then you repeatedly follow that person, their family member, or their romantic partner, you are violating subsection (a) of this crime. When you make a threat, and repeatedly communicate with that person, family member, or boy/girlfriend, you will be charged for violating subsection (b). You can be charged for violating subsection (c) of this crime if you repeatedly follow or contact that person and cause serious emotional distress. A credible threat doesn’t have to be made, but if the victim feels scared, they still have grounds to call the police on you.
Stalking and the Meaning of ‘Repeatedly’ in Greeley, Windsor, and Evans
When it comes to Stalking cases in Greeley, Windsor, and Evans, the term ‘repeatedly’ pops up often. To most people, ‘repeatedly’ means a continuous behavior. Many people associate ‘repeated’ behavior happening on numerous occasions, but the law does not follow this public connotation of the word. Colorado regards ‘repeatedly’ as meaning “more than once.” So, if something is done only twice, law enforcement will view it as repeated behavior and charge you as such. It is very important to understand this definition, as if you’re caught following the same person twice, the Greeley police can charge you with Stalking.
Stalking Sentence in Weld County, Longmont, and Sterling
In Weld County, Longmont, and Sterling, when you’re convicted of Stalking, you face a felony sentence. When it is a first offense of Stalking, a person will face a class 5 felony. If it is a second or subsequent Stalking offense, within 7 years of the first Stalking offense, a person will face a class 4 felony. Additionally, Stalking is considered an extraordinary risk crime. This means that those convicted of this crime are deemed to be an extra risk to the community. As a result, extraordinary risk crimes are punished harsher than their counterparts.
Class 5 extraordinary risk felony penalties are:
- 1 – 4 years in DOC
- $1,000 to $100,000 in fines
- 2 years of mandatory parole
Class 4 extraordinary risk felony penalties are:
- 2 – 8 years in DOC
- $2,000 to $500,000 in fines
- 3 years of mandatory parole
Being Accused of Stalking in Greeley or Weld County?
If you’re facing accusations of Stalking in Greeley or Weld County, then you need help from an experienced criminal defense lawyer from the O’Malley Law Office. Anytime you’re approached by law enforcement, exercise your right to remain silent. Often, they want you to talk to them so they can trap you into revealing details about the crime they want to pin on you. The best option is to just not talk to them.
Instead, call 970-616-6009 or fill out the Get Help Now form to schedule a free consultation with an experienced criminal defense lawyer in the Greeley and Weld County area. Together, we can protect your future.
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