Stalking charges in Adams County, Colorado can result from threats coupled with repeated behavior that places someone in fear. Relationships can be complicated at times and those who get angry, scared, or vengeful can say or do things they later regret. With so many actions that can be considered stalking, criminal charges are closer than you might think. Whether you’re under investigation for stalking or have been charged, contacting a strategic criminal defense lawyer as soon as possible is a critical step.
Colorado’s Stalking Law
The elements of stalking are defined in CRS 18-3-602 and include:
- “A person commits stalking if directly, or indirectly through another person, the person knowingly:
- 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
- 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
- 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.”
A tricky element of this definition is the fact that an alleged victim doesn’t have to prove that they’re suffering “serious emotional distress.” They simply must make a claim, which could be encouraged by prosecutors and victim’s advocates.
Is Stalking a Felony in Adams County?
Stalking is a felony offense in Thornton, Brighton, and Commerce City. If it’s your first stalking crime, a class 5 felony applies, potentially resulting in 1 – 5 years in prison and up to $100,000 in fines.
However, if you commit stalking again within 7 years of a prior conviction, you face the penalties of a class 4 felony. These include 2 – 10 years in prison and $2,000 – $500,000 in fines. Additionally, stalking done in violation of a protection order or when on probation or parole is a class 4 felony as well. This can result in additional penalties due to the orders in place.
Adams County Stalking Lawyer
It is essential that anyone facing stalking charges in Colorado reach out to a top criminal defense attorney right away. We make it a priority that the prosecutor, judge, and jury hear your side of what happened and all the evidence is under consideration. Perhaps you didn’t threaten anyone, you were exaggerating, or contact was only made once.
Contact our office today for a free initial consultation. We will carefully analyze your stalking case and recommend next steps in your defense. We offer same-day jail visits, affordable fees, and flexible payment plans for those facing accusations in Adams County, Broomfield, and Westminster.
If you or someone you know has been charged with Stalking, be smart. Call the highly rated criminal defense firm O’Malley and Sawyer, LLC at 303-731-0719. Together, we can protect your future.
Photo by Etienne Boulanger