Facing a Stalking in Weld County? If the victim you are accused of Stalking is also a person with whom you have had an intimate relationship, you could face a Stalking charge with a Domestic Violence Sentence Enhancer. The defense attorneys at the O’Malley Law Office know that people in relationships sometimes make bad decisions based on high emotions. Below, our criminal attorneys will discuss Stalking and Domestic Violence. If you are facing these charges in Fort Collins or Larimer County, you can get help here.
Legal Colorado Definition of Stalking, C.R.S. 18-3-602
In Colorado Courts, here is the definition used for Stalking:
(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.
Legal Definition in Colorado for Domestic Violence, a Sentence Enhancer, C.R.S. 18-6-800.3
Domestic Violence, at C.R.S. 18-6-800.3, is defined in Greeley and all Colorado Courts, 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.
What are Examples of Stalking in Weld County?
For Stalking to be charged in Weld County, a victim needs to feel threatened or suffer repeated contacts that causes them fear for their own safety or the safety of their family or someone they are in a relationship with. Some examples of Stalking could be:
- A former boyfriend follows Lucy to work or follows her home.
- A wife threatens to kill her ex-husband and sends him pictures of guns.
- Ron continually texts Dawn and threatens to hurt their child and her if she does not get back into a relationship with him.
- Tom places a tracker into his exgirlfriend’s car
It is important to note that in the above examples, the victim and defendant previously had an intimate relationship as spouses, former spouses, past or present unmarried couples, or they have a child together.
Punishment of a Stalking Conviction in Firestone, Milliken, and Fredrick, Colorado
Stalking sentences are elevated over other types of crimes, due to public perception of this type of crime. The first offense of a Stalking conviction is sentenced as a class 5 felony in Firestone, Milliken, and Fredrick. The penalties of this 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. When Stalking is charged with a Domestic Violence Sentence Enhancer, the punishment is increased. It is also important to note that Stalking is an Extraordinary Risk Crime, which means the defendant can face even more severe penalties, mandatory community service, and treatment.
Hire a Leading Weld County Domestic Violence Attorney
Potential time in prison for Domestic Violence or Stalking in Weld County is not the only reason you need to hire a top Weld County attorney. A felony conviction can harm your future by dictating where you can live, work, and the fact that you have a felony criminal record. The attorneys at the O’Malley Law Office have years of experience defending Stalking charges and will aggressively fight for you rights. We’ll get you the best outcome.