HARASSMENT & STALKING DEFENSE

Under Colorado law, the crime of harassment is treated seriously. The consequences of a harassment conviction can result in jail time, varying from 10 days to one year. Other penalties include monetary fines, protection orders against you, and a stain on your reputation. If you are charged with harassment, having an experienced harassment defense attorney advocating for your rights is essential. Call us today at (303) 447-1400 for help with your case.

Harassment is broadly defined under the law – CRS 18-19-111. In order to be convicted, the state prosecutor must prove that the alleged action you took was intended to harass, annoy, or alarm the victim. Some behaviors that constitute harassment include:

• Unlawful physical conduct, including kicking, shoving, or striking
• Obscene language or gestures directed to the victim in public. This is often descriptive of sexual acts
•  Following the victim in a public place
• Calling the victim repeatedly with no purpose of legitimate conversation
• Taunting the victim in a manner that is likely to provoke an unlawful response
• Cyberbullying, by making obscene or threatening comments over the phone or the internet

Harassment can be executed online, in person, or through words or actions. It can be done at the workplace, in public, or another setting. Harassment can also be committed based on a person’s race, religion, or disability, often leading to more severe punishment under the law.

Since the harassment statute is so broadly defined, many defense strategies exist. The most effective method for any given case will be dependent upon its circumstances. However, some common defenses include challenging your state of mind at the time of the alleged actions. A necessary element of a harassment conviction is a showing that there was an intention to harass, annoy, or alarm the victim. In its absence, there cannot be a harassment conviction.

Our defense attorneys at The Moorhead Law Group know how stressful it can be to face harassment charges. Our experienced defense lawyers can help you. We will develop the facts of your case and present your side to the fullest extent of the law.

In Colorado, an accusation of stalking is a serious offense. Under Colorado law, a stalking conviction is punishable as a felony and constitutes an “extraordinary risk” crime. That’s because to be accused of stalking, a victim must allege that the perpetrator made statements, threats, or took action –– on more than one occasion –– designed to cause emotional distress and instill fear in a victim for their safety or that of a loved one. It is also necessary for the prosecution to establish that the victim actually experienced serious emotional distress.

In 2012, Colorado enacted a felony stalking law, creating harsher punishment for the crime of stalking. It is known as “Vonnie’s Law.”
In 2010, Vonnie Flores reported to police that her stalker of five years had violated a court order of protection. He was arrested but bailed out of jail within three hours. Shortly after his release, he shot and killed Vonnie before committing suicide.

Under “Vonnie’s Law,” a person arrested for stalking must go to a judge before they can post bail. In Colorado, it may take several days before a person can see a judge. In the interim, the person accused must remain in custody. When it passed Vonnie’s Law, Colorado’s legislature noted that the law was passed to intervene before a stalker could inflict severe harm on the victim.

A first-time stalking conviction is a Class 5 felony offense. As an extraordinary risk crime (meaning you face prolonged time behind bars), the penalties for the first conviction include the following:

• 1-4 years in Colorado State Prison with a mandatory 2-year parole period and/or
• Fines ranging from $1,000 – $100,000

With each subsequent stalking conviction, the punishment increases. If you are accused of stalking, and it is a second offense, it is treated as a Class 4 felony. If convicted, the penalties include the following:

• 2-8 years in prison, with a 3-year mandatory parole period and/or
• Fines ranging from $2,000 to $500,000

If you are accused of stalking in violation of a court order, an injunction, or other court order that prohibits communication or interaction with the victim, you face Class 4 felony consequences.

Considering the gravity of the penalties involved, having an experienced stalking defense attorney is essential.

In Colorado, the prosecution is required to prove three elements for a conviction under the felony criminal stalking statute Colorado Revised Statutes section 18-3-602(1).

1.       A credible threat
2.       Repeated conduct
3.       Serious emotional distress

A “credible threat” is legally defined as:

 “a threat, physical action, or repeated conduct that would cause a reasonable person to be in fear for the person’s safety or the safety of his or her immediate family or of someone with whom the person has or has had a continuing relationship. The threat need not be directly expressed if the totality of the conduct would cause a reasonable person such fear.”

Credible threats can take many forms, such as statements or physical acts. It can be done in person through phone calls, gestures, actions, and even written or typed letters. It can also be done through emails, social media, cyberstalking, and text messages.

The law recognizes that a “credible threat” causing a person to fear for their safety can be made to immediate family members. This includes a spouse, parent, grandparent, sibling, or child. It also includes someone who has or has had a continuing relationship with the victim.

Although a credible threat is one factor, a judge can still convict a person of stalking absent evidence of a credible fear. That’s because there are times when the conduct itself causes the victim serious emotional distress.

When such threats occur in professional settings, they can lead to additional complications and legal repercussions. Allegations of workplace threats not only pose a risk to personal and family safety but can also jeopardize professional relationships, employment status, and future career opportunities. With the many Workplace violence prevention programs in place, threats in the workplace can lead to more serious outcomes.

When there is only evidence of one occurrence, whether it is a physical act or communication made by phone, text, or another form, a stalking charge will fail. A single occurrence of a credible threat may give rise to a harassment charge, but not stalking. That’s because an essential element of stalking includes repeated conduct. 

 Whether or not a credible threat is present, when repeated conduct leads to serious emotional distress, it can lead to felony criminal stalking in Boulder, CO. Listed below, are actions that can give rise to a stalking conviction.

• Repeatedly following, approaching, contacting, or placing under surveillance the victim, a member of their immediate family, or someone with whom they have or had a continuing relationship
• Repeatedly communicating in any form, including speaking on the phone, social media messages, or text messages, with the victim or a member of the victim’s immediate family, or someone with whom the victim has or has had a continuing relationship.

Even in the absence of a credible threat, repeated actions or conduct can support a felony criminal stalking conviction. The key is centered on “serious emotional distress” to the victim, their immediate family members, or another person with who the victim has or has had a continuing relationship.

The inquiry into what constitutes “serious emotional distress” will be decided by a reasonable person. Also, the victim or another qualifying person does not have to prove that they received professional treatment or counseling. The court will focus on the repeated conduct or actions to determine whether a reasonable person suffered serious emotional distress.

If you have been charged with a felony criminal stalking offense, know that you have options. Colorado law also provides you with rights, and you do not need to plead guilty. Consulting with an experienced defense attorney can advise you of your rights and options in the face of harsh consequences.

A skilled attorney can mount an effective defense in your case. Ultimately, prosecutors must prove the facts of a stalking case beyond a reasonable doubt. A defense attorney can present evidence or argument to show that the prosecutor’s case isn’t as straightforward as they would believe. The exact defense tactics will vary based on the individual circumstances of a case. However, a good defense attorney will conduct their own investigation to see if there are eyewitnesses, video, recorded communications, or other evidence that can shed light on the facts of the case.

Some common arguments may include the following: 

• That there was no “credible” threat.
• Even if the threat was credible, the level of emotional distress did not rise to the level of “serious”
• The conduct in question only occurred a single time
• A reasonable person would not have taken the defendant’s actions seriously
• In its investigation, law enforcement violated the defendant’s rights, precluding the use of evidence illegally obtained.

We know how stressful it can be to face harassment and/or stalking charges. Our experienced criminal defense lawyers can help. We will develop the facts of your case and present your side to the fullest extent of the law.