Colorado Springs Stalking Attorney
If you are facing stalking charges in Colorado Springs, it’s essential to act swiftly. These serious allegations can carry severe legal consequences and affect your reputation, employment opportunities, and personal life. Remember that a charge is not the same as a conviction; skilled legal representation can significantly impact the outcome of your case. If you need help, contact Anaya & Chadderdon as soon as possible to schedule your free consultation.
Why Choose Anaya & Chadderdon For Your Stalking Case?
Choosing Anaya & Chadderdon for your stalking defense comes with the assurance that you’re working with a law firm who has:
Successful Track Record: We have helped thousands of defendants in reaching successful resolutions in criminal matters, drawing from extensive knowledge and strategic defense approaches.
Trial Experience: Boasting many years of trial experience, our attorneys are well-seasoned in courtroom protocols and tactics essential for defending against stalking charges.
Availability and Compassion: Understanding how stressful these legal challenges can be, we’re available 24/7 to answer any questions and put your mind at ease.
By choosing Anaya & Chadderdon, you’ll gain peace of mind knowing that an experienced and compassionate legal team is fighting for you. Contact us today to schedule a free consultation.
How a Lawyer Can Help With a Stalking Case
When you’re faced with a stalking charge, having a lawyer at your side can be the difference between acquittal and conviction. Here’s how they can help:
Evaluate Your Situation
A competent attorney will first evaluate your situation to understand all the details. This allows them to get an understanding of what you’re facing and what they need to do to build a solid defense.
Investigate the Allegations
Your lawyer will conduct a comprehensive investigation to gather facts, interview witnesses, and collect evidence that supports your account of events.
Negotiate with Prosecutors
A Colorado Springs defense attorney can engage in vital negotiations with prosecutors. With an understanding of the law and years of experience, your lawyer will work to reach a plea deal that could lead to reduced charges and/or more lenient sentencing.
Represent You at Trial
In the event that your case proceeds to trial, having a skilled lawyer becomes integral. They will craft and deliver persuasive opening and closing statements, thoroughly examine and cross-examine witnesses, and present evidence, all with the goal of securing a not guilty verdict on your behalf.
Confronting stalking charges can turn your life upside-down, but with a qualified lawyer like those at Anaya & Chadderdon on your side, you are much more equipped to tackle the legal complexities and fight for the best possible outcome. Contact us today to discuss your case and explore your defense options.
Overview of Stalking Charges in Colorado
In Colorado, criminal stalking is a serious matter with significant legal implications. It’s defined by state law as:
- Perpetrating a credible threat against an individual; and
- Engaging in repeated conduct that leads the victim to be scared or experience serious emotional distress.
Repeated conduct can include approaching the alleged victim, following them or an immediate family member, or making any form of communication with them – including in person, through text messages, or over the internet.
- A person commits stalking if directly, or indirectly through another person, the person knowingly:
- 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
- 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
- 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.
Conversely, the law does not consider the following behaviors to be stalking:
- There was only a single threat involved
- The threat was not credible
- The threat was not made against the victim, their intimate partner, or anyone in their immediate family
- The alleged victim was not scared or distressed
Stalking charges demand very specific criteria be met; when they’re not present, legal grounds for such accusations can be effectively challenged.
Penalties For Stalking in Colorado
Stalking in Colorado is not only classified as a felony but also as an “extraordinary risk” crime, highlighting the state’s view on the severe nature of these offenses.
First-time stalking is a class 5 felony and offenders face between 1 and 4 years in state prison with a mandatory 2-year parole, and a fine of between $1,000 and $100,000.
Penalties For Stalking in Violation of a Protective Order and Repeat Offenses
If you’re convicted of stalking someone and are also in violation of a protective order, or you’re convicted of stalking for the second time within 7 years of a previous conviction, penalties become more severe. You’re looking at a class 4 felony and are facing between 2 and 8 years in prison, a mandatory parole period of 3 years, and fines ranging between $2,000 and $500,000.
You can also be charged with and convicted of a separate misdemeanor for violating a protective order. This brings additional penalties that will be consecutive to your stalking penalties.
When a violation under this section is committed in connection with a violation of a court order, including but not limited to any protection order or any order that sets forth the conditions of a bond, any sentences imposed pursuant to this section and pursuant to section 18-6-803.5 or any sentence imposed in a contempt proceeding for violation of the court order shall be served consecutively and not concurrently.
Legal Defenses to Stalking Charges in Colorado
Defending against stalking charges in Colorado requires a careful examination of the circumstances surrounding each case. Some legal defenses that might be employed include:
No threats were made: If it can be proven there was no threat issued at all, this counters one of the fundamental elements needed to establish stalking.
Exaggeration for effect: It may sometimes be argued that what was perceived as a threat by an alleged victim was actually an exaggeration or hyperbolic statement made without threatening intent.
No serious emotional distress: In cases where it’s clear that alleged victims haven’t experienced acute distress, this can be used as a legal defense, as emotional distress is one of the elements that must be proven for conviction.
Single instance: Stalking behavior, by legal definition, involves repeated actions. A single interaction or incident won’t rise to the level of stalking.
Confronting stalking charges requires a deep knowledge of the law and legal defenses and quick action to protect yourself and your future.
Contact Anaya & Chadderdon to Schedule a Free Consultation
If you are up against stalking or harassment charges in Colorado Springs, don’t hesitate to contact an experienced criminal defense lawyer. It’s essential that you stand up for yourself and get the legal help you need. Contact Anaya & Chadderdon to schedule a free consultation.