Stalking in Highlands Ranch and Douglas County
C.R.S. 18-3-602
A person can face Stalking, C.R.S. 18-3-602, charges in Highlands Ranch and Douglas County for following someone, contacting them, placing them under surveillance and causing serious emotional distress to them as a result. Stalking charges can also be filed if someone makes a threat to another person and in connection with that threat, follows, contacts, or places that person under surveillance.
Stalking is a felony extraordinary risk crime in Colorado, so it is important you consult a Stalking criminal defense lawyer at Sawyer Legal Group immediately if you’re facing these charges. Due to the high profile media attention given to Stalking allegations, you must remain silent and not cooperate with a police investigation.
Stalking – C.R.S. 18-3-602:
A person commits stalking if directly, or indirectly through another person, the person knowingly:
(a) 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
(b) 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.
Legal Definitions Relating to Stalking in Douglas County
Legal definitions of terms used in the definition of Stalking in Douglas County:
- 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.
Penalty for Stalking in Castle Rock
A person who commits stalking in Castle Rock commits a class 5 felony if it is a first offense, unless there was a temporary or permanent protection order, injunction, or condition of bond, probation, or parole or any other court order in effect against the person prohibiting stalking. If this was the case, or if it was a second or subsequent offense (within 7 years of the last conviction), then the person commits a class 4 felony.
While the sentence for felony charges can be serious enough, the penalty for Stalking can be more severe than other class 4 and class 5 felonies. It is an “extraordinary risk crime” which means that it is subject to modified presumptive sentencing. If convicted of a class 4 felony for Stalking in Parker or Lone Tree, you will be facing anywhere between 2 – 8 years in the Colorado Department of Corrections and fines between $2,000 and $500,000. If charged with a class 5 felony, you will be fighting against the possibility of 1 – 4 years in prison, and fines as high as $100,000.
Flaws in the Legal Definition of Stalking in Highlands Ranch
In Highlands Ranch, and thoughout Colorado, Stalking could be more easily charged than you think, due to flaws in the legal definition of Stalking. For instance, the “victim” need not seek professional treatment or counseling to prove that they have suffered emotional distress. An ex-girlfriend or ex-boyfriend could simply claim that you caused them emotional distress after you tried to call them 2 times. Only 2 times? That’s another flaw: Repeatedly contacting can mean only calling or instant messaging someone 2 times, as repeatedly simply means “on more than one occasion.”
Charged with Stalking in Douglas County?
Call us at 303-265-1950
If you are facing Stalking charges in Douglas County, or any other person or violent crime, contact the experienced criminal defense lawyers at Sawyer Legal Group at 303-265-1950. Together, we can protect your future.