Kidnapping Attorney in Greeley and Weld County
When people think about someone being kidnapped, they usually imagine a man forcibly grabbing a woman off the side of the road and throwing her into the van. The news media and crime TV shows have demonized anyone accused of kidnapping. However, many kidnap charges stem from innocent or misconstrued actions.
What is the Definition of Kidnapping?
In Greeley, Johnstown, and Erie, Kidnapping can be charged at two different levels: First Degree and Second Degree.
Colorado law defines First Degree Kidnapping – C.R.S. 18-3-301 as:
(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.
C.R.S. 18-3-302 – Second Degree Kidnapping is defined by Colorado law as:
(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.
What is the Sentence for Kidnapping?
Kidnapping is considered a violent crime in Weld, Morgan and Logan County. This means pleading to or being convicted of Kidnapping will result in a mandatory sentence to prison of four years to life.
First Degree Kidnap can be charged as a:
- Class 1 Felony if the person kidnapped suffered bodily injury and was liberated alive prior to the conviction of the kidnapper
- Class 2 Felony if the person kidnapped was liberated unharmed prior to the conviction of the kidnapper
Second Degree Kidnap can be charged as:
- Class 2 Felony if the person kidnapped is a victim of a sexual offense or a robbery
- Class 3 Felony if the kidnapping is accomplished with the intent to sell, trade or barter the victim for consideration; the kidnapping is accomplished by the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonable believe that the article is a deadly weapon; or the kidnapping is accomplished by the perpetrator representing verbally or otherwise that he or she is armed with a deadly weapon
- Class 4 Felony if none of the above situations apply
Examples of Kidnapping
In many of the Kidnapping cases we see, the Kidnapping charge is coupled with other charges like Burglary or Harassment to raise the stakes. During a Burglary or Robbery, if the accused moves the victim to another room or area, Kidnapping charges may be added. If a person tries to commit a Theft of a car not realizing there is a child in the backseat, Kidnapping may accompany the Theft charge.
Something as innocent as a parent taking her children out of state on vacation, knowing there were custody agreements that prohibit the trip, might result in Kidnapping charges. Carrying you girlfriend to another room in order to continue your argument away from your children could be considered Domestic Violence Kidnapping.
How a Lawyer Can Defend You Against Your Kidnapping Charges
When looking at the Kidnapping statue, there are four different elements the government must prove in order to convict someone of Kidnapping:
- Willfulness or intent to do the crime
- Done without lawful authority
- Seizing or imprisoning
- Act done against the victim’s will by means of force
The attorneys at the O’Malley Law Office will require the district attorneys to prove each of these elements beyond a reasonable doubt. Don’t be afraid. Our attorneys have fought hundreds of court battles and are prepared to be at your side every step of the way.