Kidnapping can be charged for moving a person from one place to another without their permission in Castle Rock or Douglas County. While often, Second Degree Kidnapping charges are the result of not so serious allegations, like “I wanted to get out the of car and he wouldn't let me,” sometimes there are very serious circumstances that result in these charges. A woman was thankful to be driving a car with a manual transmission, because it saved her from a more serious crime. According to the report, the woman was approached by 3 men who pointed a gun at her and took her phone and purse. The men, unable to drive her manual car, made her get in and told her they were going to rape her. She saw an opportunity to escape when she drove into an intersection and jumped out of the car, yelling for help. Police were able to find two of the abductors, ages 15 and 17. If this had occurred in Arapahoe County, they would be charged with Second Degree Kidnapping.
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Arapahoe County Second Degree Kidnapping in Manual Car: Definition of 2nd Degree Kidnapping in Adams County
The Adams, Arapahoe, and Jefferson County, Colorado law definition of Second Degree Kidnapping – C.R.S. 18-3-302 – is:
“Any person who knowingly seizes and carries any person from one place to another, without his consent and without lawful justification, commits second degree kidnapping.”
There are no limitations on the distance a person has to be moved or carried to justify these charges. In essence, if someone picked you up and moved you three feet in the other direction and you didn't want to be moved, Kidnapping charges could follow.
Sentence for Second Degree Kidnapping in Jefferson and Denver County
For the situation above, Second Degree Kidnapping would be charged as a class 3 felony because of the use of the deadly weapon – in this case, a gun. However, if they had actually sexually assaulted the woman, the Second Degree Kidnapping would have been charged as a class 2 felony. As a crime of violence in Denver and Jefferson County, Kidnapping is subject to an extended sentencing range. The class 3 felony Second Degree Kidnapping is punishable by 8 to 32 years in the Colorado Department of Corrections and up to $750,000 in fines.
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If you or a loved one has been charged with Second Degree Assault, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O'Malley Law Office at 303-830-0880 today. Together, we can protect your future.Request a Free Consultation
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