Have you been accused of 1st or 2nd Degree Kidnapping in Greeley? Kidnapping in Colorado is a serious felony criminal offense; below the lawyers at the O’Malley Law Office will discuss the differences between 1st and 2nd Degree Kidnapping as well as the similar and lesser charge of False Imprisonment. If you or a loved one have been charged with any of these criminal offenses contact our office for help today.
#1. What are the Definitions of First-Degree Kidnapping, C.R.S. 18-3-301, and Second-Degree Kidnapping, C.R.S. 18-3-302, in Greeley, Colorado?
The definition of First-Degree Kidnapping, C.R.S. 18-3-301, in Greeley is:
(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:
(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.
The main difference between 1st and 2nd Degree Kidnapping is that First Degree Kidnapping requires the intent to get a ransom or concession.
#2. In Weld County, What is the Difference Between Kidnapping and False Imprisonment, C.R.S. 18-3-303?
False Imprisonment can often be confused with Kidnapping in Weld County. While they are similar, they are different criminal charges. The simple explanation is that False Imprisonment does not involve movement of the victim. Most False Imprisonment charges are class 2 misdemeanors unless force or the threat of force was used, or the victim was detained for longer than 12 hours. Whereas, if you are charged with Kidnapping, you are facing an automatic felony. If you are facing a False Imprisonment charge, get help here.
#3. What are the Sentence and Penalties for 1st and 2nd Degree Kidnapping in Windsor, Colorado?
The sentence and penalties for 1st and 2nd Degree Kidnapping depend on whether the victim was harmed, or a deadly weapon was used in the Kidnapping. Kidnapping is an “Extraordinary Risk Crime” which means that the sentence for kidnapping is anywhere from two to four years longer than other felonies in the same class. When the victim is physically unharmed, First-Degree Kidnapping is a class 2 felony and can carry penalties of 8-24 years in a Colorado State Prison, and a fine of $5,000-$1,000,000. If the victim was injured or died, 1st Degree Kidnapping is a class 1 felony, and the penalties include 16-years to life in prison and a fine of $5,000-$1,000,000. Second-Degree Kidnapping is, at a minimum, a class 4 felony and penalties can include 2-8 years in prison, and a fine of $2,000-$500,000. If the defendant planned to sell, trade, or barter the victim or robbed the victim, then the sentence and punishment increases.
#4. Can You Kidnap Your Own Child in Weld County?
In Weld County, child custody and abduction laws are covered under “Uniform Child-Custody Jurisdiction and Enforcement Act,” and “Uniform Child Abduction Prevention Act.” If you violate a child custody order or take a child out of state without the permission of the other parent, you could be charged with Kidnapping. It is always important to seek out legal advice, whether from a family law attorney or a criminal defense attorney, if you have questions, before taking a child out of state. It is always best to read and thoroughly understand and child custody and visitation Orders from the judge or magistrate handling your child custody case.
#5. Why Hire an Experienced Criminal Kidnapping Defense Lawyer in Greeley, Colorado?
When facing Kidnapping or False Imprisonment charges in Greeley, it is important that you have experienced criminal defense lawyers to get you the best outcome. With over 30 years of experience, the lawyers at the O’Malley Law Office know how to look at the facts of your case and aggressively fight for your rights. You can be guaranteed that we’ll work tirelessly for a dismissal, reduction of the charges or an acquittal at trial.