Are you facing a Stalking Charge in Weld County? Having experienced Greeley and Weld County attorneys fighting for your rights is important. 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. The attorneys at the O’Malley Law Office can help you get to know the government’s take on the details of your case.
A Greeley a police sergeant is no longer employed by the Greeley Police after being accused of Harassment, Unlawful Sexual Contact, Stalking and Blackmail. A woman officer who was being supervised by the sergeant felt that multiple interactions with her were inappropriate. Allegations are that he grouped her, followed her, threatened her, and asked for inappropriate pictures – all to receive time off. Following someone can meet the definition of Stalking alone, but charges were ultimately not pursued by the Weld County District Attorney. Below, the criminal defense attorneys at the O’Malley Law Office will discuss the Stalking Laws in Colorado.
What is the Legal Definition of Stalking, C.R.S. 18-3-602, in Greeley, Colorado?
(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 story above, if the complaining officer was in distress from her supervisor’s repeated behavior, and there was a credible threat, then the sergeant could be charged and convicted of Stalking. It is important to note that both the repeated behavior that causes distress and the credible threat, are needed to be charged with Stalking in Colorado. The sergeant was also accused of Unlawful Sexual Contact and Blackmail. If you are facing either of these charges, you can get help here.
What is the Definition of “Credible Threat?” Examples of Stalking in Weld County
The definition of a “Credible Threat” in Weld County under C.R.S. 18-3-602, is:
“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.
Some examples of Stalking are:
- Tom follows Jane home multiple times a week and peeks in her window.
- Heather threatens to kill Dan, shows him a gun, and repeatedly calls him every few hours to remind him of her power over him.
- Bob texts Dawn that something bad might happen her her family members if she doesn’t go out with him. In connection with this, he also follows her home and during errands.
Simply put, when a person or their immediate family feels threatened, and there has been repeated behavior like unwanted calling, texts, following, or touching inappropriately, the person responsible could face a Stalking charge.
Penalties and Sentence of a Stalking Conviction in Windsor, Colorado
Stalking in Windsor is a class 5 felony for the first offense. 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. Subsequent Stalking convictions are 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. It is important to note that it is only considered a subsequent offense if the Stalking conviction happens within 7 years of the last conviction. Also, Stalking is an Extraordinary Risk Crime, which means the defendant can face more severe penalties than other crimes in the same class. Defendants may also face mandatory community service, counseling, or possibly a civil lawsuit from the victim.
Why Hire a Top Weld County Criminal Defense Attorney When Faced with a Stalking Charge?
In Weld County, facing a Stalking charge means that your freedom and future are at stake. A felony conviction can harm you in ways other than spending time in prison. Where you live, work, and the fact that you have a felony criminal record, will all follow you. Having an experienced criminal defense attorney who can aggressively fight for you rights will get you the best outcome. The attorneys at the O’Malley Law Office have years of experience defending Stalking charges and want to help you.