Colorado Springs Stalking Defense Attorneys
Advocating for Defendants Accused of Stalking Throughout Colorado Springs
Being accused of stalking can do a serious blow to your reputation on top of leading to hefty criminal charges. Colorado courts take allegations of stalking seriously and can immediately restrict your freedoms before you even get to tell your side of the story. Beating these charges and protecting your future requires a thorough and well-planned defense.
If you or someone you love has been charged with stalking, do not hesitate to contact the criminal defense team at The Bussey Law Firm, P.C. Our Colorado Springs stalking defense attorney has years of experience fighting for clients in challenging criminal cases. We can go over your charges in a free initial consultation, break down your rights under the law, and advocate for your charges to be reduced or dismissed altogether. Call us today at (719) 475-2555 to get a free case evaluation.
How Does Colorado Define Stalking?
Colorado has a broad definition of stalking under Colorado Revised Statute § 18-3-602 and can convict a defendant in three scenarios:
- Threatening a person and then repeatedly following, approaching, contacting, or closely watching (surveilling) that person or any immediate family member or close contact of that person (Colorado Revised Statute § 18-3-602(1)(a));
- Threatening a person and then repeatedly making any kind of communication with that person or any immediate family member or close contact of that person (Colorado Revised Statute § 18-3-602(1)(c));
- Repeatedly following, approaching, contacting, watching, or making any kind of communication with a person, any immediate family member, or any close contact of that person, in a way that would and did cause the person being followed, approached, contacted, watched, or communicated with to suffer severe emotional distress (Colorado Revised Statute § 18-3-602(1)(c)).
In the first two scenarios, the prosecution must show that you made a credible threat against someone else or his or her family and repeatedly followed or contacted them. However, with the third scenario, the prosecution only needs to prove that you repeatedly contacted or followed someone with the intent to cause emotional distress. These scenarios can include contacting someone over the internet, such as through direct messages, emails, dating apps, and video calls. These charges often overlap with domestic violence charges, which can lead to stricter penalties if convicted.
Restraining Orders in Colorado Springs
Restraining orders can play a major role in stalking cases. An alleged victim of stalking may go to a Colorado Springs civil court to request a restraining order without filing criminal charges, and a judge may approve the order based solely on the victim’s testimony. A judge may issue a temporary order which will last for 14-days or an emergency order that will last for 72-hours. Under this order, defendants can be restricted from contacting or being within a certain number of feet from the victim. Once an order is issued, the court will schedule a hearing to determine if it will be made permanent or not.
If you are charged with stalking while under a restraining order, then your charges can be elevated and result in additional penalties under state law. A court can also issue a criminal restraining order during your trial and make it permanent upon conviction.
Penalties for Felony Stalking in Colorado
Stalking is generally treated as a felony in Colorado's criminal courts, with penalties including years in a state prison and strict fines imposed. Colorado legislature considers stalking an "extraordinary risk crime" in Colorado, which means that a person convicted of stalking may face an extended prison term if the sentencing judge believes the facts of the individual case support such a penalty.
Colorado law states that a person who faces a first conviction for stalking has committed a class 5 felony. A person who is convicted of stalking two or more times faces the penalties for a class 4 felony for the second and later convictions. In addition, if you are charged with stalking while under a restraining order, then this crime will always be treated as a class 4 felony, even if it is your first offense.
If you are convicted of a class 5 felony for stalking, you can face:
- Between one and four years in state prison;
- Mandatory two-year parole;
- Criminal restraining order; and/or
- Between $1,000 and $100,000 in fines.
If elevated to a class 4 felony, then your penalties will include:
- Between two and eight years in state prison;
- Mandatory three-year parole;
- Criminal restraining order; and/or
- Between $1,000 and $100,000 in fines.
Bottom line: the consequences of a stalking conviction can drastically change the course of your life and even follow you for years to come once you are released. A conviction will appear on a background check and limit you from finding housing, employment, or getting a higher education. A restraining order can also limit where you can live and when you can see members of your family. In order to beat these charges and get your freedom back, you need to work with an experienced criminal defense team.
Defending Against Stalking Charges
Remember, the prosecution must prove beyond a reasonable doubt that you repeatedly followed, threatened, and/or contacted the alleged victim for you to face felony penalties. Our team at The Bussey Law Firm, P.C. can go over the facts of your case and all evidence to develop a defense strategy to protect your future. Some strategies we can use include:
- You did not knowingly follow, communicate, or threaten the alleged victim, and the charges are due to miscommunication.
- You did not repeatedly follow the alleged victim.
- You only contacted the victim once.
- You did not threaten the alleged victim.
- You did not cause the alleged victim to feel emotional distress.
Strong Legal Representation in Felony Cases
If you're facing a felony stalking charge in Colorado, you owe it to yourself and your loved ones to contact the experienced Colorado Springs criminal defense lawyers at The Bussey Law Firm, P.C. Attorney Timothy Bussey is a former Colorado county district attorney who is dedicated to protecting the rights of and fighting for those accused of felonies. He can build an aggressive defense that protects your constitutional rights and will fight for the best possible outcome in your case. Call us today at (719) 475-2555 to get a free, confidential consultation.
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