Stalking is a serious crime under Colorado law, classified as an “extraordinary risk crime” and therefore subject to lengthier sentences than other similarly classified crimes. Stalking is either a class five felony (1-4 years in the department of corrections) or a class 4 felony (2-8 years in the department of corrections) if the defendant has previously been convicted of stalking.
The offense of stalking can be committed, either directly or indirectly, in three ways.
First, a person can commit stalking if they make a credible threat to another person, and repeatedly follow, contact, or surveil a person, a member of that person’s family, or someone with whom that person has some kind of continuing relationship (like a close friend, or a significant other).
Second, a person can commit stalking if they make a credible threat to another person, and repeatedly contact that person or a member of their immediate family.
Third, a person can commit stalking if they repeatedly follow, contact, or surveil a person in a manner that would cause a reasonable person to suffer emotional distress, and their conduct does in fact cause that person or a member of their immediate family severe distress.
The stalking law defines a “credible threat” as a threat that would cause a reasonable person to either fear for their own safety or that of their immediate family. The threat does not have to be directly expressed so long as the totality of the conduct would cause a person such fear – so that, for example, saying something direct like “I will hurt you” is not necessary for there to be a stalking case under the first and second definitions of stalking under the law.
Because stalking cases are viewed as serious and involve potentially lengthy sentences, it is imperative that if you are being investigated for stalking or already have been charged with stalking that you contact a defense attorney immediately for a consultation in reference to your case.
A criminal defense lawyer experienced with stalking cases can assist you in obtaining the best possible outcome and exploring all options for the resolution of your case. While a particular result cannot be guaranteed in your case, Attorney Diego has secured both dismissals and deferred judgment pleas for individuals charged with stalking in the past.
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