Stalking Attorney in Fort Collins and Larimer County

Have you been charged with Stalking or Domestic Violence Stalking? Read more about your charges and how an experienced attorney can help you will your case.
When people hear the term ‘Stalking,’ they generally think of situations like a man hiding in a bush outside a girl’s house. Or, a woman following a man around, showing up in every public place he goes. While these scenarios are considered Stalking, much less can qualify to be charged with this crime or Domestic Violence Stalking.

What is Stalking in Fort Collins?

Colorado law defines Stalking – C.R.S. 18-3-602 – as:

A person commits stalking if directly, or indirectly through another person, the person knowingly:

  1. 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
  2. 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
  3. 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.

What is the Punishment for Stalking in Larimer County?

Stalking and Domestic Violence Stalking can be charged as a class 4 or class 5 felony based on the circumstances:

 

Class 5 Felony Class 4 Felony Class 4 Felony
Circumstance: First Offense Second or Subsequent Offense occurring within seven years of the first conviction If, at the time of the offense, 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 the behavior
Sentence Range: * 1-4 years in DOC

* $1,000-$100,000 in fines

* 2-8 years in DOC

*  $2,000-$500,000 in fines

* 2-8 years in DOC

* $2,000-$500,000 in fines

As an extraordinary risk crime, Stalking and Domestic Violence Stalking are subject to the modified presumptive sentencing range. This means Stalking is considered to present an extraordinary risk of harm to society, so the maximum penalty is increased in Larimer, Boulder, and Grand County

Examples of Domestic Violence Stalking in Fort Collins, Loveland, and Estes Park

The National Center for Victims of Crimes provides some common activities a person accused of Stalking might allegedly participate in:

  • Follow a man or woman and turn up wherever they are.
  • Send unwanted gifts, letters, cards, or e-mails to an ex-boyfriend or ex-girlfriend
  • Damage an ex-spouse’s home, car, or other property.
  • Monitor an exboyfriend’s phone calls or computer use.
  • Use technology, like hidden cameras or global positioning systems (GPS), to track where a lover goes.
  • Drive by or hang out at a boyfriend or girlfriend’s home, school, or work.
  • Threaten to hurt an ex-lover, their family, friends, or pets.
  • Find out about a former girlfriend by using public records or online search services, hiring investigators, going through their garbage, or contacting friends, family, neighbors, or co-workers.
  • Posting information or spreading rumors about an ex on the Internet, in a public place, or by word of mouth.
  • Other actions that control, track, or frighten a man or woman.

Sometimes, a person’s actions can be misconstrued. In an attempt to get an ex-girlfriend back, a man may continually send gifts, text, call, and even go to her house. While his motives are caring, his actions may frighten or worry the ex-girlfriend. This case would be Domestic Violence Stalking in Fort Collins, Loveland, and Estes Park.

Having an experienced criminal defense attorney on your side is necessary to protecting you, your family, and your future.

Police will usually try to speak with a suspect before making any arrests in Stalking cases. It is in your best interest not to say anything when they ask questions. Even if you are innocent, your words can be twisted and manipulated to make it look like you admitted to something you did not do. Having an experienced criminal defense attorney on your side is necessary to protecting you, your family, and your future.

Call an experienced lawyer who specializes in Stalking today. We can sit down for a free consultation and discuss your options. Contact us at 970-658-0007. Together, we can protect your future.