False Imprisonment and Kidnapping are often confused for each other in Greeley and Windsor, Colorado. However, they are two separate criminal charges. False Imprisonment is charged when one person unlawfully detains another. By contrast, Kidnapping is charged when one person takes another and moves them to a different place without their consent. As such, Kidnapping is much graver charge than False Imprisonment, and conviction can result in decades or even life in a Colorado prison. Below, our top criminal defense attorneys discuss these differences between Kidnapping and False Imprisonment in greater detail.
Colorado Definition of False Imprisonment, C.R.S. 18-3-303
The Colorado definitions of False Imprisonment, C.R.S. 18-3-303, is as follows:
(1) Any person who knowingly confines or detains another without the other’s consent and without proper legal authority commits false imprisonment. This section does not apply to a peace officer acting in good faith within the scope of his or her duties.
Greeley Definitions of First Degree Kidnapping, C.R.S. 18-3-301 and Second Degree Kidnapping, C.R.S. 18-3-302
In Greeley, First Degree Kidnapping, C.R.S. 18-3-301, is defined as:
(1) Any person who does any of the following acts with the intent thereby to force the victim or any other person to make any concession or give up anything of value in order to secure a release of a person under the offender’s actual or apparent control commits first degree kidnapping:
(a) Forcibly seizes and carries any person from one place to another; or
(b) Entices or persuades any person to go from one place to another; or
(c) Imprisons or forcibly secretes any person.
The definition of Second Degree Kidnapping, C.R.S. 18-3-302, is:
(1) Any person who knowingly seizes and carries any person from one place to another, without the person’s consent and without lawful justification, and such movement increases the risk of harm to the person, commits second degree kidnapping.
(2) Any person who takes, entices, or decoys away any child not his own under the age of eighteen years with intent to keep or conceal the child from his parent or guardian or with intent to sell, trade, or barter such child for consideration commits second degree kidnapping.
Differences Between False Imprisonment and Kidnapping in Weld County
In Weld County, the main difference between False Imprisonment and Kidnapping is that Kidnapping involves movement of the victim from one place to another. By contrast, False Imprisonment is charged when the victim is only unlawfully detained. Seizing and carrying the victim to another location is not a part of a False Imprisonment charge.
It is important to know that “movement” in Colorado means “seizing and carrying the victim to another location.” Many people would assume that this means transporting the victim to a completely different location. However, our lawyers have seen Kidnapping charged after one person simply moves another to a different room in a house.
Colorado Prison Time + Other Penalties for False Imprisonment and Kidnapping in Greeley, Colorado
Kidnapping carries far more severe penalties than a False Imprisonment conviction in Greeley, and always involves a mandatory sentence to a Colorado prison if the defendant is convicted. Depending on the degree of Kidnapping charged and the circumstances behind the offense, Kidnapping can range between a class 4 and class 1 felony. In the worst case scenario, a conviction of class 1 felony Kidnapping is punishable by life in a Colorado prison with no opportunity for parole. A conviction of Kidnapping will also result in hundreds of thousands of dollars in fines and restitution, along with numerous other penalties.
Penalties for False Imprisonment are far less stiff. As a class 2 misdemeanor, this offense is punishable by up to 120 days in the Weld County Jail and a fine of up to $750. However, if the defendant used force or threat of force, detained the victim for 12 hours or longer, or another aggravating factor is present, then False Imprisonment is charged as a class 5 felony. Penalties would then include 1 – 3 years in a Colorado prison, 2 years of mandatory parole upon release, and a fine of $1,000-$100,000.
Contact a Top Weld County Criminal Defense Attorney Today
If you have been charged with False Imprisonment or Kidnapping, in Weld County it is essential that you contact a top Weld County criminal defense attorney today. Our attorneys can represent you at the Weld County Courts and use any one of numerous viable defenses to successfully defend you. The charges against you could be reduced or even completely dismissed, depending on your case. Let us put our 30 years of experience in criminal defense to work and fight on your behalf at the Weld County Courts.