The crime of Stalking in Denver, and throughout Colorado, stems from situations where actions go far beyond simply following someone around. Two key elements exist in stalking charges. First, there must be a credible threat of some sort. Second, repeated behavior that causes someone (within reason) to experience fear or suffer significant emotional distress must be present. If you’ve been falsely accused of Stalking in Denver or are facing a charge, contacting an experienced criminal defense attorney is a must.
What is the Definition of Stalking in Denver? | Colorado Defense Lawyer
Stalking – C.R.S. 18-3-602 in Colorado is a crime that includes the following:
1. An actor makes a credible threat toward a victim
2. In connection to that threat, the actor repeatedly contacts, approaches, communicates with, or follows the victim or the victim’s immediate family member / intimate partner
3. The actor’s behavior is done in a manner that could cause a reasonable person to experience significant emotional distress
4. The victim does in fact experience significant emotional distress
A credible threat in this situation refers to any kind of intimidating remark, physical action, or repeated conduct that causes someone to be in fear of their own safety, an immediate family member’s safety, or the safety of someone with whom they’ve had a prolonged relationship.
Sentencing & Punishments for Stalking in Denver | Colorado Defense Attorney
There is a wide range of penalties for Stalking in Colorado. A person’s criminal history has a major impact on the level of consequences. Stalking is also an “extraordinary risk” crime in Colorado, which increases the maximum sentence. If a defendant is convicted of Stalking and did not violate a protection / restraining order or a condition of probation / parole the following applies:
· Class 5 felony = 1 to 5 years in prison + fine of between $1,000 and $100,000
If a defendant is convicted of Stalking and has been previously convicted of Stalking within the past 7 years, a class 4 felony applies. If the stalking offense occurs within violation of a protection / restraining order or a condition of probation / parole, the class 4 felony penalties also apply:
· Class 4 felony = 2 to 10 years in prison + fine of between $2,000 and $500,000
Examples of Stalking in Denver, Colorado
In some cases, police overcharge men and women with Stalking, instead of Harassment. Stalking can sometimes arise from situations where two intimate partners end their relationship and one partner refuses to leave the other be. Continuously showing up where the other partner might be or repeatedly calling / texting, leads to the above-mentioned emotional distress. The partner has had enough and contacts the police to report the behavior and stress the threat to their safety. In short, a Stalking charge is the end result, even if no threat itself was ever present.
If you or someone you know is facing Stalking charges in Denver, be smart. Contact the experienced defense lawyers at O’Malley and Sawyer at 303-731-0719. Together, we can protect your future.
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