It's not often that you face jail time after trying to do something nice for someone. Unfortunately, that was the case for one man who returned a lost purse with more than $300 in cash to the owner. However, after returning the purse, the man began stalking the woman who he returned the purse to. He was apparently showing up to where the woman lived without permission and while he was drunk. When the woman did not come to her door, the man continued to pound on her door hoping for her to come. He did this repeatedly each day. If this man lived in Arapahoe or Adams County, he could face charges of Stalking.
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What is Stalking in Colorado?
The definition of Stalking, C.R.S 18-3-602, is:“
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.”
“Repeatedly” in this definition means on more than one occasion. Because this man was said to have been going to the woman's residence every day, he could face charges of Stalking. It's possible that this man also caused this woman emotional distress, if she was frustrated or fearful of her safety. But, it's unfortunate that in many stalking cases, there doesn't have to be evidence of emotional distress. The woman could have stated she was in emotional distress after the man repeatedly came to her home for the man to be charged with Stalking.
Consequences in Douglas and Jefferson County for Stalking
Stalking is normally a class 5 felony extraordinary risk charge. However, it is a class 4 felony extraordinary risk charge for a second or subsequent offense, if the offense occurs within seven years after the date of a prior offense where someone was convicted. A class 5 felony extraordinary risk charge may result in 1-4 years in the Colorado Department of Corrections, while a class 4 felony extraordinary risk charge may result in 2-8 years in the Colorado Department of Corrections.
Don't Let Stalking Charges Change Your Life—You Need a Denver Criminal Defense Lawyer
Many times, when someone is stalking another person, he or she could be stalking someone he or she knows personally. Maybe two coworkers became really good friends before one of them started liking the other. After some time, one may have started following the other home after work. This would be seen as Stalking. This is a tough situation, especially because of how often feelings get in the way of rationale and reason. Someone accused of Stalking may not even have known he or she was doing anything wrong. If you are facing charges of Stalking, it's in your best interest to act early. We want to make sure that your side of the story is heard, and we vow to aggressively defend your case.
Get Help Now
We are here to listen to and help you – if you or a loved one has been charged with Stalking, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office at 303-830-0880. Together, we can protect your future.Request a Free Consultation
Image Credit: Pixabay – GLady
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