In Weld County, Colorado, when a person has repeated unwelcome behavior that put another in fear or distress, and it is a credible threat, they can be charged with Stalking. Recently in Arapahoe County a police officer was charged with Stalking his girlfriend after he allegedly used police databases to research her and contacted her through text messages and in person. The police officer had the charges dropped eventually. If you are facing Stalking charges and it is with someone whom you have had an intimate relationship, you could also face a Domestic Violence Sentence Enhancer. It is important to have a knowledgeable Stalking attorney who can help you navigate these charges and fight for your rights. Below, the attorneys at the O’Malley Law Office will discuss Stalking and Domestic Violence charges and why you need a skilled criminal defense attorney.
Legal Definition of Stalking, C.R.S. 18-3-602, in Greeley, Colorado?
The legal definition of Stalking, C.R.S. 18-3-602, in Greeley is,
(1) A person commits stalking if directly, or indirectly through another person, the person knowingly:
(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.
In the above story even though the police officer was sending texts and showing up to the woman’s house, it does not mean that there was a “credible threat.” Without the “credible threat” component, it is not a Stalking crime.
What is the Definition of a Domestic Violence Sentence Enhancer, C.R.S. 18-6-800.3, in Colorado
Domestic Violence, at C.R.S. 18-6-800.3, is defined in Colorado as:
An act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. “Domestic violence” also includes any other crime against a person, or against property, including an animal, or any municipal ordinance violation against a person, or against property, including an animal, when used as a method of coercion, control, punishment, intimidation, or revenge directed against a person with whom the actor is or has been involved in an intimate relationship.
In the above story, the officer and his girlfriend would have been in an “intimate relationship,” even if they were no longer together. However, it is important to note that there needs to be an accompanying criminal charge for there to be a Domestic Violence Sentence Enhancer. To learn more about Domestic Violence in Weld County, get help here.
Penalties and Sentence of a Stalking Conviction in Weld County
In Weld County, it is a class 5 felony for the first offense of Stalking. The penalties of a class 5 felony are 1 to 4 years in a Colorado State Prison, a fine of $1,000 to $100,000, and a mandatory 2-year parole. After the first offense, Stalking convictions become a class 4 felony with penalties of 2 to 8 years in prison, a fine of $2,000 to $500,000 and a mandatory 3-year parole. When there is a Domestic Violence Sentence Enhancer, this simply means that the punishment and penalties are increased from the original criminal charge, and special consequences will result from a conviction.
Top Ault, Severance, and Windsor, Colorado Stalking Attorney
In Ault, Severance, and Windsor, Colorado, it is important to hire a criminal defense attorney who will study your charges, the police reports, and the law to get you the best outcome. The Stalking attorneys at the O’Malley Law Office have over 30 years of experience in Stalking and Domestic Violence cases, let us fight for you!