Harassment, Stalking and Domestic Violence definitions can often be confusing for the public. When facing criminal charges like these, it is important to not only know the difference but also know more about each criminal charge’s definition. A Weld County Deputy is facing these charges first-hand after recently being arrested. It is alleged that the victim was repeatedly contacted by the defendant deputy, through texts and calls, then followed, and threats were made. The skilled lawyers at the O’Malley Law Office discuss the charges of Harassment, Stalking, and Domestic Violence below. It is important to have an experienced criminal defense lawyer fight for your rights to get the best outcome in your case.
What is the Definition of Harassment, C.R.S. 18-9-111, in Weld County?
In Weld County, the definition of Harassment, is at C.R.S. 18-9-111, and states as follows:
(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; or
(d) Repealed.
(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.
If it can be proven that the deputy in the above story was following in public, calling, and / or texting the alleged victim with intent to harass, annoy, or alarm them, then he could be convicted of Harassment. Without this intent element, the government cannot win their case. Imagine, for example, a private investigator who was following a person for an investigation, but NOT for any of these prohibited purposes.
The Greeley, Colorado Definition of Stalking, C.R.S. 18-3-602
Stalking, C.R.S. 18-3-602, is defined in Greeley as:
(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.
It is important to note that the difference between Harassment and Stalking in Colorado is that in the definition of Stalking there needs to be a “credible threat.” A credible threat under C.R.S. 18-3-602, is anything 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.
Can a Defendant Be Charged with Domestic Violence, Stalking and Harassment at the Same Time in Weld County?
The simple answer is yes, a person in Weld County can be charged with Domestic Violence (DV), Stalking and Harassment. Domestic Violence is a Sentence Enhancer which means that it is not an independent crime, but one which increases the punishment of another crime. The interesting thing about DV is that it can only be charged when the victim is current or former spouse, intimate partner, or someone with whom the defendant has children with. For example, if the Weld County Deputy in the story we are highlighting was repeatedly calling / texting the victim and then was following and threating the victim with “creditable threats” and the victim was someone with whom the Deputy had dated then he could be charged with Harassment, Stalking, and a DV charge could also apply.
It is important to remember that because Domestic Violence is a sentence enhancement, the punishment depends on the original, underlying charge. Along with the sentence and punishment for the underlying charge, a judge may order a Domestic Violence evaluation of the defendant and the completion of a domestic violence treatment program. To learn more about Domestic Violence go here.
What are the Sentence and Penalties for Harassment in Erie, Colorado?
In Erie, Harassment is a class 2 misdemeanor carrying penalties of up to 120 days in the Weld County Jail and / or up to $750 in fines. However, Harassment can also be a class 1 misdemeanor with penalties of up to 364 days in jail and / or up to $1,000 in fines, if the defendant was following a person in a public place or unlawfully touching their victim.
Weld County Sentences and Punishments for Stalking
The sentence for Stalking, in Weld County, with a first offense, is a class 5 felony. Since Stalking is an “extraordinary risk crime” the sentence is 1 to 4 years in the Colorado Department of Corrections, and a fine of $1,000 to $100,000, with a mandatory 2-year parole. You can learn more about “extraordinary risk crimes” by going here.
Why Hire The Best Greeley, Colorado Lawyer?
Are you facing Harassment, Stalking or DV charges in Greeley? Having the best Greeley, Colorado, lawyer, with a successful track record in criminal cases is important. The lawyers at The O’Malley Law Office have been able to navigate the Weld County Courts and get the best outcomes for their clients – for more than 30 years. You want a skilled lawyer who will aggressively fight for you.