When people hear the word “Kidnapping,” they often picture a dramatic abduction or hostage situation. But under Colorado law, Kidnapping can include a much wider range of actions and in some cases, a person may face False Imprisonment charges instead. Although both involve unlawfully restraining another person’s freedom, these are very different crimes with very different consequences.
If you or someone you know has been accused of False Imprisonment or Kidnapping, understanding the distinctions is crucial. These are serious charges that require serious legal representation.
Greeley False Imprisonment Attorney: What Is False Imprisonment in Colorado?
In Greeley, False Imprisonment is defined under C.R.S. § 18-3-303 as knowingly confining or detaining another person without their consent and without legal authority.
Key Elements:
- The act must be knowing
- The person must be confined or detained
- There must be no legal justification or consent
Common Examples:
- Preventing someone from leaving a room or vehicle
- Blocking a doorway to stop someone from exiting
- Holding someone against their will during an argument
Penalties:
- Misdemeanor False Imprisonment (without force or threat):
- Class 2 misdemeanor
- Up to 120 days in the Weld County Jail and/or a fine up to $750
- Felony False Imprisonment (if the person is confined for 12+ hours or force/threat is used):
- Class 5 felony
- 1 to 3 years in the Colorado Department of Corrections and/or a fine up to $100,000
Lawyer for Kidnapping Charges in Weld County: What Is Kidnapping in Colorado?
Kidnapping is a much more serious offense. Colorado law separates Kidnapping into First Degree and Second Degree, both of which are felonies.
First Degree Kidnapping (C.R.S. § 18-3-301):
Occurs when someone
- forcibly moves a person from one place to another;
- entices or persuades any person to go from one place to another;
- imprisons or forcibly secretes any person;
with the intent 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.
Penalty: Class 1 felony in aggravated cases (e.g., the victim is injured or not released safely), punishable by life imprisonment. Otherwise, it’s a Class 2 felony, punishable by 8 to 24 years in prison.
Second-Degree Kidnapping (C.R.S. § 18-3-302):
Occurs when someone knowingly seizes and carries a person without consent or lawful justification. It also covers situations where a victim is lured or enticed away from their location, particularly involving a minor.
Penalty:
- Class 4 felony in general
- Class 2 felony if the kidnapping involves sexual assault or robbery
- Class 3 felony if the kidnapping involved a deadly weapon
- Penalties range from 2 to 24 years in prison, depending on aggravating factors
False Imprisonment vs. Kidnapping in Colorado: Key Differences
|
Factor |
False Imprisonment |
Kidnapping (1st/2nd Degree) |
| Severity | Misdemeanor or Class 5 felony | Always a felony (Class 1, 2, 3 or 4) |
| Movement Required? | No | Yes — victim is moved or carried away |
| Intent Required? | Knowingly detaining | Intent to move, harm, or demand ransom |
| Use of Force? | May or may not involve force | Usually involves force, deception, or threat |
| Max Penalty | Up to 3 years (felony) | Up to life imprisonment |
Can a False Imprisonment Charge Become Kidnapping in Johnstown?
Yes. In some cases, what begins as a domestic dispute or physical altercation could be charged as Kidnapping if prosecutors believe the victim was moved or restrained in a way that meets the legal definition.
Example:
- Holding someone in a room during an argument = False Imprisonment
- Forcibly dragging them from one room to another or into a vehicle = possible Kidnapping
Weld County DAs often “overcharge” by filing Kidnapping charges when False Imprisonment is more appropriate. This is where a skilled criminal defense attorney becomes essential.
If you or someone you love has been charged with False Imprisonment, be smart, exercise your right to remain silent and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
Photo by Anete Lusina