Experienced Criminal Defense Attorney for Kidnapping in Colorado
Kidnapping in Colorado is a serious crime that demands the guidance of an experienced criminal defense attorney. At WeedenLaw, our team understands how kidnapping allegations can turn your life upside down. We focus on criminal defense strategies that protect your rights and fight for your future.
Needless to say, facing kidnapping charges can feel overwhelming. Contact WeedenLaw at (720) 307-4330 or reach out online to schedule your free consultation and begin working toward a strong defense.
What is Kidnapping Under Colorado Law?
Under Colorado law, kidnapping occurs when an individual knowingly seizes or carries a person from one place to another without permission. The act may include intimidation, threats, or physical force. Whether the situation involves a domestic violence matter or another scenario, these offenses carry serious legal consequences.
According to the kidnapping statutes found under C.R.S. Title 18, Article 3, Part 3, any movement of a victim can qualify as kidnapping if done without lawful justification. If the victim suffered bodily injury or if a deadly weapon was used, penalties can drastically increase under these provisions.
Degrees of Kidnapping in Colorado
Two primary degrees exist for kidnapping in Colorado. They are:
- First-degree kidnapping often involves an intent to secure ransom or cause harm
- Second-degree kidnapping usually relates to moving someone against their will for other purposes.
Both forms of this crime can lead to grave legal repercussions, so it is important to understand what constitutes either degree.
2nd Degree Kidnapping Colorado
As per C.R.S. § 18-3-302, second-degree kidnapping in Colorado occurs when a person knowingly takes and moves someone from one place to another without their consent and without a valid legal reason, and if this movement increases the risk of harm to the person.
Additionally, a person commits second-degree kidnapping if they take, lure, or deceive a child under 18 years old—who is not their own—with the intent to hide the child from their parent or guardian or to sell, trade, or exchange the child for something of value.
1st Degree Kidnapping Colorado
According to C.R.S. § 18-3-301, first-degree kidnapping charge in Colorado occurs when someone does any of the following acts with the intent to pressure the victim or someone else into giving up something valuable or making a concession in exchange for the release of a person under their control:
- Physically forcing someone to move from one place to another;
- Using unlawful persuasion or enticement to convince someone to go somewhere else;
- Holding someone against their will by imprisonment or hiding them.
Is Kidnapping a Felony or a Misdemeanor?
Kidnapping in Colorado, whether it is considered first or second-degree, is charged as a felony rather than a misdemeanor, though the classification of the felony charges depends on the degree and the specific circumstances involved. Regardless, anyone charged with kidnapping faces an intense court system process, and penalties can be life-altering if convicted.
Colorado Kidnapping Penalties
Below is a breakdown of the potential penalties for kidnapping in Colorado based on the circumstances of the case:
- First-Degree Kidnapping (Class 1 Felony): First-degree kidnapping is classified as a Class 1 felony if the victim died or was physically harmed. Class 1 felonies typically result in a mandatory minimum sentence of 16 years and up to life imprisonment with no possibility of parole.
- First-Degree Kidnapping (Class 2 Felony): If the alleged victim is released unharmed before the kidnapper is convicted, the crime is considered a Class 2 felony with prison sentences generally ranging from 8 to 24 years and fines ranging anywhere from $5,000 to $1,000,000. Penalties may increase if the offender possessed and threatened to use a deadly weapon (even if no harm was actually caused).
- Second-Degree Kidnapping (Class 2 Felony): Second-degree kidnapping may also rise to a Class 2 felony if the kidnapped person is a victim of a sexual offense or robbery or if it involves taking a child under the age of 18. Penalties may range anywhere from 8 to 48 years and fines of up to $1,000,000 depending on if a deadly weapon was used.
- Second-Degree Kidnapping (Class 3 Felony): If the offender intends to sell, trade, or barter the victim, or uses a deadly weapon or makes the victim believe they have one, it may be classified as a Class 3 felony. Punishments typically range from 4 to 32 years in prison and between $3,000-$750,000 in fines.
- Second-Degree Kidnapping (Class 4 Felony): In cases where the alleged victim is moved without consent but released unharmed and no aggravating factors are present, the charge may be a Class 4 felony. Convictions generally carry 2 to 8 years in prison and possible fines between $2,000 and $500,000.
Beyond imprisonment, a kidnapping conviction triggers long-term effects on personal and professional life. Many individuals find it difficult to secure steady housing or employment due to a criminal record. Personal relationships can also deteriorate when others learn of these kidnapping charges, creating a number of social and emotional hurdles on top of the criminal penalties faced.
Defenses Against Denver Kidnapping Charges
Defenses against Denver kidnapping charges can vary. In some situations, false imprisonment is confused with actual kidnapping. In others, a defense lawyer may argue that the defendant believed they had lawful justification for moving the victim. Claims of mistaken identity are also possible, especially when multiple suspects are involved in a kidnapping case.
A strong kidnapping defense begins with understanding your rights and deciding whether to remain silent when questioned by law enforcement. It also involves scrutinizing every piece of evidence for inconsistencies and creating reasonable doubt wherever possible. Of course, there is much more to it than that, but in any case, the skilled Denver kidnapping defense lawyers at WeedenLaw can identify procedural flaws, challenge improper searches, and protect your rights while fighting to secure the best possible outcome.
Why You Need a Skilled Kidnapping Defense Attorney in Denver
Seeking legal help quickly is important for those facing kidnapping charges, as serious allegations of a kidnapping crime often prompt aggressive tactics from prosecutors. A Denver criminal defense attorney familiar with the court system can challenge evidence, cross-examine witnesses, and highlight discrepancies. This approach requires thorough preparation, as even a minor detail can shape the outcome of a kidnapping case.
Jeff Weeden, an experienced criminal defense attorney, provides dedicated legal representation for those accused of kidnapping. He meticulously analyzes every piece of evidence, collaborates with expert investigators, and identifies potential weaknesses in the prosecution’s case. By cross-examining witnesses, uncovering biases, and questioning law enforcement procedures, he works to create reasonable doubt and protect his client’s rights.
For those facing serious charges like kidnapping in Denver County, Adams County, Jefferson County, Arapahoe County, or any of the surrounding areas, securing a knowledgeable Colorado kidnapping defense attorney like Jeff Weeden can make all the difference in how the case plays out.
Contact Experienced Denver Kidnapping Defense Attorney Jeff Weeden at WeedenLaw Today
If you or a loved one is facing Colorado kidnapping charges, make contacting Jeff Weeden at WeedenLaw your very next step. Jeff is an aggressive criminal defense attorney who has handled both first and second-degree kidnapping defense for numerous clients in the Denver area and stands ready to help with yours, as well.
Remember – even a single misstep can change the trajectory of your kidnapping trial, so professional guidance is recommended at the earliest stage. Our Denver criminal defense team offers a free consultation to discuss your situation, so don’t wait – call WeedenLaw at (720) 307-4330 or complete our convenient online contact form to schedule yours today.
