Our state takes domestic violence seriously, and a brand-new law that has actually just recently entered into result reveals simply how major Colorado is when it concerns domestic violence charges.
Since Wednesday, August 9, the No Bail for Stalking and Domestic Violence Wrongdoers Act states bail will be rejected to anybody founded guilty of regular domestic violence or felony stalking to safeguard the declared victims. Rather of being approved bail, the wrongdoer will need to stay in prison from the time of their conviction up until they are sentenced.
Reports of domestic violence and stalking have increased throughout the state over the previous years. In 2014, there were 16,700 reports of domestic violence made to police authorities. In 2015, that number reached 18,000.
Though domestic violence numbers are on the increase in basic, one specific case from Colorado Springs drove this brand-new law into presence.
Janie Nam’s ex-boyfriend Glen Galloway was founded guilty of felony stalking and out on bail, awaiting his sentencing hearing. Throughout this time, Galloway cut off his ankle screen, eliminated a guy to take his truck, and later on burglarized Nam’s home, shooting her in the head and eliminating her.
The sponsor of the costs, Agent Clarice Navarro (R) Pueblo, stated, “Today, there’s a space of 6 to 8 weeks before sentencing after conviction, and regrettably that was the space and period that Janice Nam lost her life … The founded guilty individual has all this rage and anger which’s the ideal time for them to act out and strike back.”
Navarro chose to close that space in between conviction and sentencing by rejecting and passing this law bail. When it comes to Galloway, the El Paso County District Lawyer’s Workplace is looking for the capital punishment – the very first time they have requested death in ten years.
What Is Felony Stalking in Colorado?
Among the offenses this brand-new law impacts is stalking.
The Colorado statute states that an individual dedicates stalking if straight, or indirectly through another individual, the individual purposefully:
- Makes a trustworthy risk to another individual and consistently follows, methods, contacts, or locations under monitoring that individual, a member of the family, or somebody they have a continuing relationship with; or
- Makes a reputable risk to another individual and consistently makes any kind of interaction with that individual, a relative, or somebody they have a continuing relationship with, no matter whether they have a discussion; or
- Consistently follows, methods, contacts, locations under security, or makes any type of interaction with another individual, a relative, or somebody they have a continuing relationship within a way that would trigger an affordable individual to suffer major psychological distress and does trigger that individual to suffer major psychological distress.
Stalking is a class 5 felony for a very first offense, which is punishable by 1 to 3 years in jail. If the supposed culprit had a court order versus him at the time of the offense, that individual will be charged with a class 4 felony, punishable by 2 to 6 years in jail.
If it is the transgressor’s subsequent or 2nd offense, he will be charged with a class 4 felony.
What Is Regular Domestic Violence?
Colorado law states that domestic violence is an act or threatened act of violence upon an individual with whom the star has or is been associated with an intimate relationship. An “intimate relationship” is specified as a relationship in between partners, previous partners, present or previous single couples, or individuals who are both the moms and dads of the same kid no matter whether the individuals have actually been wed or have cohabited at any time.
So what is regular domestic violence?
If an individual devotes a misdemeanor offense that consists of an act of domestic violence and has been formerly founded guilty of 3 or more previous offenses that consisted of an act of domestic violence which were independently brought and attempted and emerging out of different criminal episodes, then that individual can founded guilty as a regular domestic violence culprit, which is a class 5 felony.
How Does This Brand-new “No Bail” Law Impact Me?
If you are charged with stalking or domestic violence, this brand-new law will impact you just after you have been founded guilty. That’s why it’s particularly crucial to call a skilled Colorado domestic violence defense lawyer as quickly as you have been charged. A knowledgeable attorney will have the ability to assist you to resist and craft a defense technique that goes for the very best possible result. With an educated Colorado lawyer in your corner, you’ll have the very best possibility to beat your charges and put this difficult time behind you.
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