Denver Stalking Lawyer

If you have been accused of stalking, you need to refrain from speaking to the police, and contact an attorney as soon as possible. Stalking is a felony in Colorado, and carries significant penalties, including up to eight years in prison. Denver stalking lawyer Reid DeChant at DeChant Law realizes that many people who are arrested for stalking had no intent to cause fear or intimidate anyone, and is ready to work with you to reduce or eliminate the penalties you are facing.

The Definition of Stalking

Simply following behind someone as you make your way from the parking lot to a grocery store, is, of course, not stalking. Furthermore, threatening someone once does not constitute “repeatedly” and making a threat that is not credible also does not cross over to the threshold of stalking. Stalking only becomes a crime when one (or more) of the following happens:

Making a credible threat to someone by repeatedly following, approaching, contacting, or place that person under surveillance
Making a credible threat to someone by repeatedly following, approaching, contacting or communication with a member of that person’s immediate family, or someone with whom that person has or has had a continuing relationship
Repeatedly following, approaching, contacting, placing under surveillance, or making any form of communication with a victim that causes serious emotional distress

Stalking is a Felony in Colorado

There is no misdemeanor stalking or a slap on the wrist. Stalking is a felony and a crime that carries real prison time for those convicted of it.

First time offense—Class 5 Felony, punishable by one to four years in prison and fine of up to $100,000
Second (or subsequent) offense within seven years—Class 4 Felony, punishable by two to eight years in prison and fine of up to $500,000
Violating a restraining order or probation term by stalking—Class 4 Felony, punishable by two to eight years in prison and fine of up to $500,000

Possible Defenses Against Stalking Charges

In order to be convicted of stalking, the prosecution must prove that you repeatedly followed or contacted the victim to the point that they suffered serious emotional distress, or that you made credible threats by repeatedly following/contacting the victim. As such, defenses to stalking include:

Prove that the alleged victim did not suffer serious emotional distress
Prove that you did not repeatedly follow or contact the alleged victim or their family
Prove that you did not even have knowledge that the alleged victim was in the area
Prove that the alleged victim’s accusations were known to be false

Call a Denver Stalking Attorney Today

If you were arrested for stalking, you need to take swift and aggressive measures to protect yourself. Do not assume that things will work out on their own, or that a simple mistake was made and that the matter will resolve without any serious penalties. Stalking is a felony, and you need an attorney who will aggressively defend your rights, starting today. Call Denver stalking lawyer Reid DeChant at DeChant Law today at 303-409-7500 for a free case evaluation.