Stalking is a serious criminal charge. If you are facing charges of Stalking you should consult with a Denver criminal defense attorney immediately.
Contact a Colorado criminal defense lawyer representing clients in Boulder, CO today to schedule your initial consultation.
- 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(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.
- For the purposes of this part 6:
- Conduct "in connection with" a credible threat means acts that further, advance, promote, or have a continuity of purpose, and may occur before, during, or after the credible threat.
- "Credible threat" means a threat, physical action, or repeated conduct 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. The threat need not be directly expressed if the totality of the conduct would cause a reasonable person such fear.
- "Immediate family" includes the person's spouse and the person's parent, grandparent, sibling, or child.
- "Repeated" or "repeatedly" means on more than one occasion.
- A person who commits stalking:
- Commits a class 5 felony for a first offense except as otherwise provided in subsection (5) of this section; or
- Commits a class 4 felony for a second or subsequent offense, if the offense occurs within seven years after the date of a prior offense for which the person was convicted.
- Stalking is an extraordinary risk crime that is subject to the modified presumptive sentencing range specified in section 18-1.3-401(10).
- If, at the time of the offense, there was a temporary or permanent protection order, injunction, condition of bond, probation, or parole or any other court order in effect against the person, prohibiting the behavior described in this section, the person commits a class 4 felony.
- Nothing in this section shall be construed to alter or diminish the inherent authority of the court to enforce its orders through civil or criminal contempt proceedings; however, before a criminal contempt proceeding is heard before the court, a notice of the proceedings shall be provided to the district attorney for the judicial district of the court where the proceedings are to be heard and the district attorney for the judicial district in which the alleged act of criminal contempt occurred. The district attorney for either district shall be allowed to appear and argue for the imposition of contempt sanctions.
- A peace officer shall have a duty to respond as soon as reasonably possible to a report of stalking and to cooperate with the alleged victim in investigating the report.
- When a person is arrested for an alleged violation of this section, the fixing of bail for the crime of stalking shall be done in accordance with section 16-4-105(4), C.R.S., and a protection order shall issue in accordance with section 18-1-1001(5).
- This subsection (8) shall be known and may be cited as "Vonnie's law".
- When a violation under this section is committed in connection with a violation of a court order, including but not limited to any protection order or any order that sets forth the conditions of a bond, any sentences imposed pursuant to this section and pursuant to section 18-6-803.5or any sentence imposed in a contempt proceeding for violation of the court order shall be served consecutively and not concurrently.
The punishment for stalking depends upon whether it is a first conviction or a second or subsequent conviction, or if the victim is somebody protected by a protection order.
If you would like to schedule an initial consultation, contact a Colorado criminal defense attorney, we represent clients in Boulder, Colorado, and the surrounding area. The Savela Law Firm, P.C. Give us a call at (720) 821-1001 or complete our inquiry form.
If it is a first offense and there is no protection order in place then the offense is a class 5 felony punishable by 1 to 4 years in prison and a fine of up to $100,000. However, if it is a second offense or the victim is protected by a protection order then the offense is a class 4 felony punishable by 2 to 8 years in prison and a fine of up to $500,000.
If you have been charged with stalking an experienced Boulder criminal defense lawyer is essential. Get in touch with experienced Denver stalking defense attorney Jason Savela by calling (720) 821-1001.