Facing false allegations of Stalking Domestic Violence in Greeley, Windsor, or Weld County? The O’Malley Law Office wants to help you. Facing criminal charges can be intimidating and difficult to understand. Our attorneys will help you navigate the courts and fight for the best outcome in your case. A Stalking charge can happen if a person has repeated unwelcome behavior that put another in fear or distress, and sometime involves a credible threat. Our attorney will discuss Stalking charges below. If you are facing these charges in Fort Collins or Larimer County get help here.
Legal Definition of Stalking, C.R.S. 18-3-602, in Colorado?
The legal definition of Stalking, C.R.S. 18-3-602, in Colorado is:
(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.
Stalking Domestic Violence Charge in Weld County
In Weld County a person can have the Domestic Violence (DV) sentence enhancer added anytime there is a criminal charge where defendant and victim are in or have been in an “intimate relationship.” As noted above, DV is a sentence enhancer, which means that there can be more strict penalties if convicted. To learn more about a Domestic Violence Sentence Enhancer click here.
What is the Difference in Windsor, Colorado Between Stalking and Harassment Charges?
Some of the subsections of Harassment include similar behavior to that of Stalking, including following someone in a public place or making repeated unwanted communications. However, to charge Stalking it needs the added element of including a threat or causing serious emotional distress. Sometimes, people are charged with both Stalking and Harassment. An example is if the defendant repeatedly texted the victim, then followed and threatened the victim they could be charged with both Harassment for the texts and Stalking for making the threat.
Stalking Conviction Sentence and Penalties in Weld County
In Weld County, the sentence for Stalking depends on if you have had a prior offense. For a first offense, the sentence is a class 5 felony. This carries penalties of 1 to 4 years in a Colorado State Prison, a fine of $1,000 to $100,000, and a mandatory 2-year parole. Stalking is also a Extraordinary Risk Crime, which means the defendant may face harsher penalties including mandatory community service, and the need for treatment.
Greeley, Colorado Criminal Defense Attorneys Can Help You with Stalking Domestic Violence Charges
If you are facing a Stalking or other criminal charge in Greeley our attorneys can help you. We have over 30 years of experience in Stalking cases and understand that a felony conviction can affect your life, career, and future.
Facing the Weld County Courthouse for a Stalking Charge? Be smart and exercise your right to remain silent the Greeley Police are not there to help but to build a case. Contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009.
The Weld County Courthouse is located at 901 9th Avenue, Greeley, Colorado. We will see you there.
Photo by cottonbro studio