Whenever people hear of kidnapping stories on the news, they generally form negative opinions about the accused because of how the media portrays them. It is almost like the media wants to entertain rather than inform. They make situations seem more dramatic than they really are. For this reason, it's unfair to assume that every person accused of a crime is guilty. What I read today was a good example of how the news embellishes their stories. The story went into great detail about how a man dressed as a police officer invaded a home and attempted to kidnap the residents. When he told a victim to go outside, he handcuffed him. When the fake police officer was found later at a hotel, the police recovered items from the resident's home. The man alleged that he was high on methamphetamine during the incident. In Douglas, Arapahoe County, and across Colorado, the man could be charged with Second Degree Kidnapping and Robbery.

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What is Second Degree Kidnapping in Denver?

The definition of 2nd 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.”

Second Degree Kidnapping can be charged as a class 2, class 3, or class 4 felony depending on the situation:

Felony Levels for 2nd Degree Kidnapping   Elements Needed Penalty Class 2 Felony a. The person kidnapped is a victim of sexual assault.

b. The person kidnapped is the victim of a robbery.

*8-24 years in the Colorado Department of Corrections (DOC) Class 3 Felony a. The kidnapping is accomplished with intent to sell, trade, or barter the victim for consideration.

b. The kidnapping is accomplished by the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon.

c. The kidnapping is accomplished by the perpetrator representing verbally or otherwise that he or she is armed with a deadly weapon.

*4-12 years in the Colorado Department of Corrections (DOC) Class 4 Felony a.The basic elements of the kidnapping as described in the definition above.

b. None of the elements described above apply

*2-8 years in the Colorado Department of Corrections (DOC)

The man was said to have entered the person's home and forced the person to go outside with him. Even if he didn't take the person far from his home, he still took him from one place to another without consent, which is Kidnapping.  In this man's case, since he is also being charged with Robbery and the Kidnapping was related to the Robbery, he could face a class 2 felony charge, which may result in 8-24 years in the Colorado Department of Corrections.

What is Robbery in Adams County?

The definition of Robbery, C.R.S. 18-4-301, is:

“A person who knowingly takes anything of value from the person or presence of another by the use of force, threats, or intimidation commits robbery.”

According to the news story, the man took items of value from the person's home, in the presence of the victims. He allegedly forced them into different locations and used handcuffs and zipties to detain them while he took the items from their home. Robbery is a class 4 felony, which may result in 2-6 years in prison. If the man had used a deadly weapon to threaten the person, he could face Aggravated Robbery charges, which is a class 3 felony and an extraordinary risk crime. This may result in a prison sentence of 4-16 years.

Unfortunately, people can be charged with Robbery or Aggravated Robbery as a result of “tough times”. People are desperate for money and for ways to support their family, so they often turn to desperate or risky outlets as a result. We recognize that these can be realistic situations for a large number of people. If facing Robbery charges, it's always in your best interest to act early and involve a criminal defense attorney to fight on your behalf.

Why You Need the Best Criminal Defense Attorneys in Jefferson County

The charges for Robbery and Kidnapping are serious and can drastically change the accused's life. The attorneys at the O'Malley Law Office work hard at defending our clients because we want an agreeable outcome for them. If you are facing charges of Robbery or Kidnapping, involve an experienced criminal defense lawyer as early as possible. We are here to listen to your side of the story.

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If you or a loved one has been charged with Kidnapping or Robbery, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office at 303-830-0880. Together, we can protect your future.Request a Free Consultation

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