A stalking conviction can shatter your life, from losing your job and firearm rights to facing years behind bars. If you're facing stalking or menacing accusations in Denver, experienced criminal defense attorney Richard B. Huttner is ready to fight for you. With over 32 years protecting clients' freedoms, our team knows how to challenge these serious charges head-on and secure the best possible outcome.
Stalking Laws in Colorado in 2025
Colorado's stalking statute, C.R.S. 18-3-602 also known as Vonnie's Law, makes it a felony to repeatedly follow, contact, or threaten someone in a way that causes serious emotional distress or fear. In 2025, these laws remain some of the toughest in the nation, classified as "extraordinary risk" crimes with enhanced prison time, especially after the U.S. Supreme Court's Counterman v. Colorado ruling raised the bar for what counts as a "true threat."
If you have been arrested for stalking, you should expect a mandatory protection order that could kick you out of your home, bar contact with loved ones, and strip your gun rights immediately, even before trial. The Law Office of Richard B. Huttner has successfully defended countless clients against these life-altering accusations throughout the Denver metro area.
What Is Considered Stalking Under Colorado Law?
Colorado law defines stalking as knowingly repeating any of these actions toward a victim or your family/intimate partners:
- Making a credible threat while repeatedly following, approaching, surveilling, or contacting them.
- Repeatedly communicating (texts, calls, social media, emails) tied to a credible threat, even without replies.
- Any repeated conduct that would cause a reasonable person serious emotional distress and actually does.
"Credible threat" means conduct making someone reasonably fear for their safety or that of loved ones. "Repeatedly" usually means at least two separate incidents. Denver cases often tie to domestic disputes.
What is Vonnie's Law?
Vonnie's Law honors Yvonne "Vonnie" Flores, who was killed by a stalker in 1997 who kept getting released on bail. Enacted to stop that cycle, it now requires arrested stalkers to see a judge before posting bond, triggers instant protection orders, and bumps penalties to felony levels with "extraordinary risk" sentencing.
This law transformed stalking from a slap-on-the-wrist offense into a major felony, recognizing how obsession can turn deadly.
Impact of Counterman v. Colorado
The 2023 Supreme Court case Counterman v. Colorado ruled prosecutors must prove you recklessly disregarded that your words were true threats, not just that a "reasonable person" would see them that way. Colorado didn't rewrite the statute, but courts now scrutinize your mental state in speech-based cases like texts or posts.
This First Amendment win helps defenses argue venting, jokes, or context aren't crimes, a major game-changer for 2025 cases.
Penalties for a Stalking Conviction in Colorado
- A first-time stalking conviction qualifies as a Class 5 felony, carrying 2-4 years in prison under the extraordinary risk sentencing range, plus fines up to $100,000.
- A second offense within 7 years escalates to a Class 4 felony with significantly longer prison exposure.
- Domestic violence enhancements pile on lifetime protection orders, permanent firearm bans, mandatory counseling, and devastating career barriers like job loss, license revocation, and immigration issues.
How Menacing Charges Overlap With Stalking Allegations
Menacing occurs when you knowingly place someone in fear of imminent serious bodily injury through threats or actions. This is typically a Class 1 misdemeanor, but a Class 5 felony if any weapon is involved.
Prosecutors frequently pair it with stalking because the same evidence supports both: stalking requires a pattern of conduct, while menacing captures immediate fear from a single incident like displaying a weapon alongside repeated threats.
Defending Against Stalking and Menacing Charges in Denver
The Law Office of Richard B. Huttner builds strong defenses strategies by:
- Proving there was no true threat, that the words were hyperbole, not recklessly menacing.
- Attacking emotional distress claims as unreasonable or fabricated.
- Exposing false reports, mutual disputes, or spoofed evidence.
- Challenging "knowing" intent or imminence in menacing.
- Fighting protection orders, seizures, and pretrial restrictions.
With 32+ years, Richard uncovers weaknesses, negotiates drops, and takes cases to trial when needed.
When to Call a Denver Stalking Defense Lawyer
Contact The Law Office of Richard B. Huttner immediately if being investigated, served papers, or arrested for stalking or menacing. Make sure to ask for an attorney immediately. Early action preserves texts/emails proving your side, modifies orders, and stops escalation.
Contact The Law Office Of Richard B. Huttner for a consultation.
