Colorado Attorney Defending Against Stalking Charges
Harassment, especially stalking, is consider by the Colorado Legislature to be a very serious problem. Because of the psychological and emotional motivations involved, the statute prohibiting "Stalking" is very complex and an experienced attorney is needed to ensure an accused person's rights are protected. David Owen is an attorney experienced and skilled in protecting the rights of the accused. If you are suspected of or have been charged of Harassment or Stalking do not hesitate, Mr. Owen is prepared to help you during this confusing time.
Harassment
C.R.S. 18-9-111(1)
Class 3 misdemeanor
Possible sentence: probation - 6 months in jail, $50 - $750 fine, or both.
A person can be charged with Harassment if any of the following applies:
With intent to harass, annoy, or alarm another person he/she:
a) Strikes, shoves, kicks, or otherwise touches a person or subjects him/her to physical contact; or
b) In a public place directs obscene language or makes an obsene gesture to or at another person; or,
c) Follows a person in or about a public place; or,
d) Initiates communication with a person, anonymoously or otherwise by telephone, computer, computer network, or computer system in a manner intended to harass or threaten bodily injury or property damage, or makes any comment, request, suggestion, or proposal by telephone, computer, computer network, or computer system that is obscene; or,
e) Makes a telephone call or causes a telephone to ring repeatedly, whether or not a conversation ensues, with no purpose of legiitimate conversation; or,
f) Make repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another's home or private residence or other private property; or
g) Repeatedly insults, taunts, challenges, or makes communications in offensively coarse language to, another in a manner likely to provoke a violent or disorderly response.
Class 1 misdemeanor
Possible sentence: 6 months - 18 months, $500 - $5000 fine, or both.
If the harassment is targeted to individuals because of that person's actual or perceived race, color, religion, ancestry, or national origin.
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Stalking
C.R.S. 18-9-111(4)(b)
Class 5 felony - if first offense
Possible sentence: 1 - 4 years in prison with a mandatory parole term of 2 years following release. Increased maximum sentence is a result of being classified as an extraordinary risk crime.
A person can be charged with Stalking if any of the following applies:
If a person, directly or indirectly through another person, knowingly:
a) Makes a credible threat to another person and, in connection with such 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 such 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.
Class 4 felony - if second or subsequent offense
Possible sentence: 2 - 8 years in prison with a mandatory parole term of 3 years following release. Increased maximum sentence because of being classified as an extraordinary risk crime.
Law Office of David L. Owen, Jr, P.C.
8854 S. Miners Street
Highlands Ranch, CO, 80126
Telephone: 720-863-4292
Toll-Free: 866-768-0506