Colorado Springs Felony Stalking Defense Attorney
How is Felony Stalking Defined?
Stalking is generally treated as a felony in Colorado's criminal courts, with penalties including prison time and strict fines imposed on those who are convicted of stalking. Specifically, Colorado law defines any of the following behaviors as felony stalking:
- 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;
- 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;
- 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 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.
Restraining Orders in Colorado Springs
In addition, if a restraining order or similar court order was in place requiring the convicted person to stay away from the person he or she is convicted of stalking, the person who is convicted of stalking faces a class 4 felony. A person who is convicted of stalking and of violating a court order by committing the stalking may be sentenced separately on each conviction. The two sentences must run consecutively (one after the other) instead of concurrently (at the same time).
A stalking that is determined to be a class 4 felony puts the convicted person at risk of spending up to six years in prison and/or paying fines up to $500,000, depending on the facts of the case. A class 5 felony exposes a person convicted of such a crime to up to $100,000 in fines and up to three years in prison. Both classes of stalking felonies require several years of meeting parole requirements once the convicted person has served his term in prison, with additional penalties if the paroled person does not comply.
Penalties for Felony Stalking in Colorado
The potential prison sentences and fines that accompany a Colorado felony stalking conviction are strict, and they may be made even more harsh in certain circumstances. Colorado legislature has also decided that stalking is 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.
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 domestic violence defense lawyers at The Bussey Law Firm, P.C. by calling (719) 475-2555. 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 fights for the best possible outcome in your case.