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Colorado Kidnapping Attorney | Right Law Group: Colorado Criminal Defense Attorneys & DUI Lawyers • • •
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Are you facing kidnapping charges?
The penalties associated with felony kidnapping charges are severe and could occur at the state or federal level, depending on the case.
If you have been charged with kidnapping, your need for legal representation is critical. At Right Law Group, our experienced kidnapping defense lawyers are ready to help you. We will explain your rights clearly and build a strong defense to protect your future. Contact us today for a free consultation to discuss your case. We have conveniently located offices in Colorado Springs , Highlands Ranch and Castle Rock .
Colorado counties we serve: Arapahoe, Douglas, El Paso, Fremont, Jefferson, Pueblo, and Teller.
A kidnapping charge in Colorado occurs when an individual is accused of intentionally imprisoning and transporting an alleged victim against their will when there was no lawful reason to do so.
The act of kidnapping could have been accomplished in a variety of ways, including:
• Enticement
• Persuasion
• Force
Most kidnapping charges are felonies in Colorado, and the severity of the charge depends on a few factors, including the alleged victim’s age and whether harm to the victim occurred during the ordeal.
Scenarios That Have Led to Kidnapping in Colorado
Domestic disputes and arguments
Drug debts
Child custody disagreements
Ransom seeking
Degrees of Kidnapping Charges in Colorado
There are two degrees of Colorado kidnapping charges, and which charge is filed depends on one crucial factor—whether the perpetrator made demands associated with the release of the kidnapped victim.
Second-Degree Kidnapping
The lesser of the two degrees of kidnapping charges, second-degree kidnapping, alleges that the perpetrator seized and moved the victim from one place to another against their will.
This charge also includes luring or enticing a child away from a legal guardian with the intent to conceal or keep the child. Additionally, individuals can be charged with parental kidnapping or violation of a custody order in some cases.
First-Degree Kidnapping
The most severe kidnapping charge in Colorado is first-degree kidnapping. This charge alleges that the defendant committed the same crime as second-degree kidnapping.
However, kidnapping in the first degree comes with the added intent to secure valuable assets—like a ransom—from either the victim or some other person to release the kidnapped person.
Kidnapping Charges Carry Heavy Consequences
Colorado penalties for felony charges of kidnapping depend on the individual case and the severity of the defendant’s actions. It is, however, considered a crime of “extraordinary risk” under Colorado law and carries harsher consequences than other types of felonies.
Second-Degree Kidnapping Penalties
As a Class 4 felony in Colorado, a second-degree kidnapping charge can carry penalties including:
• Up to $500,000 in fines
• A maximum of eight years in prison
These penalties could increase should aggravating factors be present in the case.
First-Degree Kidnapping Penalties
A Class 3 felony, first-degree kidnapping charges can carry even harsher penalties, including:
• Up to $750,000 in fines
• A maximum of 16 years in prison
Again, aggravating factors could increase the sentence in a first-degree kidnapping case.
Post-Incarceration Consequences of Kidnapping Convictions
Once you’ve served your sentence and paid your fines for a kidnapping conviction in Colorado, there are still some rights you could lose, including:
• The Second Amendment right to own a firearm
• The ability to get a passport
• Access to some employment opportunities
• Child custody (in some cases)
While serving a prison sentence, people convicted of felonies are not permitted to vote in any elections. However, once released, voting rights are restored in Colorado, regardless of a felony record.
Contact a Colorado Springs Criminal Defense Lawyer Now
When you’re facing criminal charges of any kind, you need criminal law experts on your side to ensure you’re treated fairly, and your rights aren’t infringed upon throughout the legal process.
Speak with a Colorado Springs kidnapping attorney to discuss your legal options. Call now for a free consultation .
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Frequently Asked Questions
What constitutes parental kidnapping in Colorado?
Some kidnapping cases in Colorado are classified as “parental kidnapping” or “custodial interference.”
In these cases, the non-custodial parent allegedly takes the child without the consent or knowledge of the custodial parent. The offender often has no legal parental or visitation rights at the time.
Penalties for parental kidnapping include up to $2,000 in fines and between two and six years in prison.
While the penalties for parental kidnapping are less severe than first or second-degree kidnapping, the charges are still Class 4 or 5 felonies, depending on the case.
What aggravating factors increase the penalties for kidnapping in CO?
When additional factors are present in a kidnapping case, the charges and penalties can be increased above the standard sentences for kidnapping convictions.
Aggravating factors include:
• The accused possessed or used a deadly weapon during the act
• The accused robbed the kidnapped victim during the act
• The victim died or was harmed during or because of the kidnapping
• In the case of parental abduction, the non-custodial parent took the child out of the country
These factors elevate the crime to a higher-level felony, which is why penalties will be heavier.
How does false imprisonment differ from kidnapping?
While some may use the terms interchangeably, these two charges are assigned to totally different crimes. The significant difference between kidnapping and false imprisonment is that, while both involve illegally detaining another person, kidnapping involves transporting the victim from one place to another.
False imprisonment is a Class 2 misdemeanor in Colorado and carries penalties of up to $1,000 in fines and a maximum of one year in prison.
Convictions of false imprisonment typically carry lesser penalties than kidnapping, provided no aggravating factors exist in the ordeal.
Factors that could increase the sentence include whether the defendant used force or threats to detain their victim and whether the victim was held against their will for more than 12 hours.
Law Firm Locations
Colorado Springs
5030 Boardwalk Dr Suite 225, Colorado Springs, CO 80919
Castle Rock
115 Wilcox St. Suite 268, Castle Rock, CO 80104
Highlands Ranch
1745 Shea Center Dr #400, Highlands Ranch, CO 80129
Denver
730 17th Suite Number 924, Denver, CO 80202