Denver Stalking Defense Lawyer

What Is Stalking Under Colorado Law?

Under Colorado Revised Statutes §18-3-602, stalking occurs when a person:

• Repeatedly follows, approaches, contacts, or surveils another person, and
• Makes a credible threat or causes the person to experience serious emotional distress

This law is broad. You can be charged even if:

• You never intended to harm anyone
• You believed the contact was welcome
• There was no physical violence

Types of Stalking Charges in Colorado

Stalking can take several forms, many of which overlap:

Physical Stalking

• Following someone
• Showing up at their home, work, or school
• Surveillance or tracking movements

Cyberstalking / Online Stalking

Cyberstalking refers to stalking conducted through digital means, including:

• Repeated messages, emails, or DMs
• Social media harassment
• Monitoring social media activity
• Posting about or impersonating someone online

Phone Stalking

• Repeated calls, voicemails, or texts
• Contact after being told to stop

Menacing by Stalking

In some cases, stalking behavior may overlap with menacing, especially if there is:

• A threat of harm
• Use or implication of a weapon
• Intent to cause fear of imminent danger

These charges can significantly increase the severity of your case.

Aggravated Stalking

• Violating a protection order
• Making credible threats
• Prior stalking-related convictions

Is Stalking a Felony in Colorado?

Yes. In most cases, stalking is charged as a felony offense.

• Typically a Class 5 felony
• Can be elevated depending on circumstances

A felony conviction can have life-altering consequences, which is why working with a stalking defense lawyer in Denver is critical.

Penalties for a Stalking Conviction

Penalties may include:

• Prison time (potentially years depending on the charge)
• Probation and mandatory counseling
• Permanent restraining orders
• Loss of firearm rights
• A permanent criminal record

Even first-time offenders can face serious consequences.

Protection Orders in Stalking Cases

If you are charged with stalking, a restraining order (protection order) will almost always be issued.

This may:

• Prohibit all contact with the alleged victim
• Require you to leave your home
• Restrict communication (calls, texts, email, social media)
• Prevent possession of firearms or weapons

Violating a protection order can result in additional criminal charges.

Difference Between Stalking and Aggravated Stalking

The term “aggravated stalking” is often used to describe more serious forms of stalking, such as when:

• There is a credible threat of violence
• A protection order is violated
• The accused has prior stalking-related convictions

These cases carry enhanced penalties and are prosecuted aggressively.

Examples of Stalking Behavior

Stalking can take many forms, including:

• Physical stalking (following or surveillance)
• Phone stalking (repeated calls or voicemails)
• Online stalking (social media monitoring or messaging)
• Workplace or home visits without permission

Because the definition is broad, many people are charged based on misunderstandings or exaggerated claims.

Do Stalkers Know They Are Stalking?

Not always. Many stalking cases arise from situations involving:

• Relationship disputes
• Breakups or divorces
• Miscommunication or emotional conflict

A person may believe they are simply trying to communicate or resolve an issue, while the other party perceives the behavior as threatening.

Defenses Against Stalking Charges in Colorado

Every case is different, but common defenses include:

False Allegations

Stalking accusations are sometimes made out of:

• Revenge
• Custody disputes
• Emotional conflict

Lack of Intent

Your actions may not have been intended to cause fear or distress.

Insufficient Evidence

Prosecutors must prove a pattern of behavior beyond a reasonable doubt.

Misinterpretation of Communication

Messages or actions may be taken out of context.

An experienced defense attorney can evaluate your case and build a strategy tailored to your situation. Call (303) 981-6366 today for a free consultation. 

Speak With a Denver Stalking Defense Lawyer

If you are facing a stalking charge, your future is on the line. These cases move quickly and are aggressively prosecuted.

Contact the Law Office of Richard Huttner today for a free consultation and start building your defense.

Frequently Asked Questions

What is considered stalking?

Stalking involves repeated contact or behavior directed at a person that causes fear or serious emotional distress. This includes physical following, phone calls, messages, or online activity.

Can the Accuser Drop Stalking Charges?

No. Once charges are filed, the State of Colorado controls the case, not the accuser. Even if they change their mind, prosecutors can continue pursuing charges.

Is Stalking Considered Harassment?

Stalking and harassment are related but different charges. Harassment typically involves annoying, alarming, or repeated unwanted contact, while Stalking involves a pattern of behavior that causes fear or emotional distress. Stalking is generally considered more serious and carries harsher penalties.

Is stalking considered assault?

No. Assault involves physical harm or injury. Stalking does not require physical contact but can still be charged as a felony.

Is stalking a federal offense?

Most stalking cases are handled under Colorado law. However, it can become a federal offense if it involves crossing state lines or certain online activity.

How many phone calls are considered stalking?

There is no specific number. Courts look at the pattern, frequency, and whether the contact caused distress or fear.

What is gang stalking?

“Gang stalking” is not a legally recognized criminal charge in Colorado. It is a term sometimes used to describe perceived group surveillance.