Kidnapping charges can occur under many circumstances, including if someone drives off with someone without their consent. That was the case in one news story where a man allegedly kidnapped a woman, drove off with her and assaulted her when she tried to escape. The woman accused the man of forcing her into a vehicle and driving her to a Walmart. She was able to escape the vehicle, but the man apparently followed her and began choking her. A witness saw what was happening, which led the man to get into his vehicle and flee the scene. In Denver and Arapahoe County, the man would likely face charges of Second Degree Kidnapping and Second Degree Assault.
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Kidnapping Attorney in Jefferson County: What is Second Degree Kidnapping?
In Jefferson County, one of the ways Kidnapping, C.R.S. 18-3-302, charges occur is when:
“Any person knowingly seizes and carries any person from one place to another, without his consent and without lawful justification.”
Since the man allegedly forced the woman into a car and drove off with her, it would be considered Second Degree Kidnapping. In many cases, Second Degree Kidnapping charges occur even if an alleged victim wasn't moved very far. For example, a boyfriend arguing with his girlfriend and carrying her from the inside to the outside of the house could warrant charges of Kidnapping, even if she wasn't moved that far. In other Kidnapping cases, perhaps a couple is arguing and one of the parents stays the night somewhere else, taking their child with them without the parent or child's consent. This too could lead to charges of Kidnapping. Kidnapping is often charged alongside Burglary and Assault in Colorado.
What is Second Degree Assault in Douglas County?
Assault in the Second Degree, C.R.S. 18-3-203, can be charged under many circumstances in Douglas County. One way it can be charged, under C.R.S. 18-3-203(1)(i), is if:
“With the intent to cause bodily injury, he or she applies sufficient pressure to impede or restrict the breathing or circulation of the blood of another person by applying such pressure to the neck or by blocking the nose or mouth of the other person and thereby causes bodily injury.”
The man in the news story is accused of choking the woman he kidnapped, but prosecutors must prove he caused bodily injury to the woman to face a conviction of 2nd Degree Assault. “Bodily injury” includes physical pain, illness, or any impairment of physical or mental condition. Because the definition of “bodily injury” is so broad and subjective, a bruise, minor cut, or scrape can qualify as bodily injury. This means it would not be difficult for an alleged victim to claim they experienced bodily injury, which could warrant felony Assault charges against the accused.
Kidnapping and Assault Lawyer in Adams County: Call the O'Malley Law Office for a Free Consultation
Both Second Degree Kidnapping and Second Degree Assault in Adams County can come with serious consequences upon a conviction. Not only could a conviction lead to prison time, but it can also lead to high fines and a criminal record. In situations where you are facing Kidnapping or Assault charges in Colorado, it is always wise to remain silent. Do not give police any statements, even if you think you are giving simple answers to simple questions. Police can use anything you say against you. Instead of speaking with police, consult an experienced criminal defense lawyer from the O'Malley Law Office. The early involvement of a Kidnapping attorney at the O'Malley Law Office will help preserve key evidence in your Kidnapping or Assault case, for the greatest impact at trial.
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If you or a loved one has been charged with Second Degree Assault or Second Degree Kidnapping in Colorado, be smart and exercise your right to remain silent. Then, contact one of a Kidnapping attorney at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.Request a Free Consultation
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