Greeley Attempted Kidnapping Attorney
When Does an Action Become a Substantial Step?

A man was arrested for Attempted Second Degree Kidnapping after grabbing a woman by the wrist. Read more about this story here.

According to a recent news report, a man was arrested for Attempted Kidnapping after a woman called 911 to report an incident that had occurred with her adult daughter. The daughter claimed that she and her sister were at a convenience store, where they both saw the accused kidnapper looking at them. The two sisters left the store and began to walk home when a car pulled over and the man, who was staring at them in the store, asked them for a cigarette and offered them a ride home.  The man then proceeded to grab the daughter’s right wrist, but she twisted it out of his grip and ran. He was quickly caught by the police and charged with Attempted Kidnapping.

Weld County Kidnapping Lawyer | What is the Definition of Second Degree Kidnapping?

The Colorado law 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 his consent and without lawful justification, commits second degree kidnapping.

Interestingly, based on this definition alone, it seems the man had not committed a Kidnapping. Part 1 of the definition states “seizes and carries.” The man is accused of seizing the wrist of the woman, but no statements were made regarding his attempt to take or carry her anywhere.

Greeley Attempted 2nd Degree Kidnapping | How the Law Gets around Its Own Language

In the footnote of the Second Degree Kidnapping statute, there is the following ruling:

Person is guilty of attempted second degree kidnapping if he knowingly engaged in conduct which is strongly corroborative of the firmness of his purpose to knowingly seize or carry another person from one place to another without his consent and without lawful justification.

Note the language in this statement changes to “seize or carry.” This means the man can be charged with Attempted Second Degree Kidnapping for seizing the woman’s wrist alone.

Weld County Second Degree Kidnapping – Attempt Lawyer | What is the Penalty for Attempted Kidnapping?

Second Degree Kidnapping is a class 4 felony in Greeley, Fort Morgan, and Berthoud. When the Attempt is added, it lowers one felony level, making it a class 5 felony. This level felony is punishable by 1 to 3 years in the Colorado Department of Corrections and up to $100,000 in fines. If you are facing these serious charges, trust our experienced attorneys to present the best defense for you. We have your best interest at heart.

If you or someone you love has been arrested for or charged with Kidnapping, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.

Image Credit: Pixabay – stokpic