Stalking in Aurora, Colorado involves credible threats and repeated behavior that leads to fear or distress in another person. This offense goes far beyond simply troubling someone. The uncomfortable pattern of contact from an unwanted individual is the difference maker when it comes to Stalking. Often this crime results from messy breakups where a former partner won’t leave the other be. Additionally, those in the spotlight can experience individuals stalking them over the internet and knowing their whereabouts. A charge of stalking demands immediate consultation with an especially skilled stalking lawyer who can form a strong defense on your behalf.
What is stalking in aurora, cO?
C.R.S. 18-3-602 specifically identifies the behaviors of Stalking in Colorado. A few key elements include:
- a credible threat is made against someone
- and in relation to that threat, a person repeatedly approaches, contacts, communicates with, places under surveillance, or follows that individual, a member of their immediate family, or their current / previous intimate partner.
An important item to note is the presence of serious emotional distress in the alleged victim. Interestingly, there is no tangible requirement via professional treatment or counseling to support a claim that serious emotional distress occurred. Simply stating that he / she suffered in this manner is enough. In addition, credible threats can be made in-person or by email, text, phone, letter, actions, gestures, or any other form of communication.
Sentencing for stalking in aurora, cO
A first offense of stalking in Colorado is a class 5 felony. Additionally, stalking is an extraordinary risk crime which increases the maximum incarceration period. Potential punishments include 1 – 5 years in the Colorado Department of Corrections and a fine of $1,000 – $100,000.
A second or subsequent offense of stalking (within 7 years of a previous conviction) results in a class 4 felony. Consequences can include 2 – 10 years in prison and a fine of $2,000 – $500,000. Class 4 felony sentencing parameters also apply for defendants who commit the offense of stalking in violation of a protection order or a condition of probation / parole.
Aurora stalking lawyer | Criminal Defense Attorney
Law enforcement takes stalking charges seriously in Colorado. Consequently, those charged should too. Sometimes, alleged victims or witnesses misunderstand a defendant’s intentions or blow them out of proportion. There is a fine line between an offense like Harassment and something as severe as Stalking. It is crucial that those facing charges hire expert council early on in the process. Don’t hesitate to contact a skilled stalking lawyer from O’Malley and Sawyer so that we can preserve vital evidence and prioritize your best possible outcome.
If you or someone you know is facing Stalking charges, be smart. Contact the aggressive criminal defense lawyers at O’Malley and Sawyer at 303-830-0880. Together, we can protect your future.
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