When a person in Denver County is charged with kidnapping another individual, whether a child or an adult, it is taken very seriously by the court system. Because the news media constantly highlights stories of kidnappings, public opinion supports this characterization. As a result, innocent actions can be misconstrued as something much greater or sinister. If you have been charged with Kidnapping, you need an experienced criminal defense attorney on your side who knows how the system works. At O'Malley and Sawyer, we have been working with good people like you for over 25 years. Call us today for your free consultation.
Kidnapping is taken extremely serious by the court system.
What is Kidnapping in Colorado?
In Douglas County, Kidnapping (C.R.S. 18-3-301, C.R.S. 18-3-302) is defined as:
“Moving another person from one area to another without their consent.”
It doesn't matter how far the distance the alleged victim was moved. It could be hundreds of miles or just a few feet. The focus is on whether or not you had consent or agreement to move them in the first place.
Examples of Kidnapping in Arapahoe County
Physically carrying a spouse or girlfriend to another room to have a conversation during a fight.
During a Robbery
Moving the owners of a house to another room so a robbery can take place in another area of the home.
Abducting your child during a messy divorce in order to protect them from harm or to hurt the other spouse
Taking children on vacation without parental consent could result in Kidnapping charges.
Stealing a car and not realizing until later that there is a child in the backseat of the stolen vehicle.
Consequences of Kidnapping
Kidnapping charges involve serious allegations in Adams County. Knowing the best way to fight these charges is indispensable. Kidnapping is a crime enhancer and is frequently coupled with other offenses such as Burglary or Harassment. Because of the seriousness of the charge, Kidnapping is considered a felony and can result in a prison term of four years to life. Based on the circumstances, an individual can be charged with a class 1, class 2, or class 4 felony.
The Government Need Evidence to Prove Kidnapping
Our criminal defense lawyers at O'Malley and Sawyer are skilled and work hard to devise an aggressive defense for your case. Our goal is to have a favorable outcome in the end. Part of our defense is making sure that the letter of the law is followed when interpreting evidence. When a Kidnapping charge is presented, the prosecution in Jefferson County must prove each of the following:
- The individual charged intended to kidnap the victim.
- There was imprisonment and seizure of some type involved.
- All of this was done using force and without the victim's consent.
Working with an Experienced Criminal Defense Lawyer is Vital
Kidnapping charges are serious, and carry life-changing consequences if you are convicted in Denver, Larimer, or El Paso County. In most cases, our clients weren't aware they were kidnapping their alleged victim. Even seemingly harmless actions such as playfully carrying someone to another room can be misconstrued. Don't let a moment of misjudgment ruin your future. Contact a knowledgeable criminal defense attorney who can fight to protect your future and reputation.
Colorado First Degree Kidnapping Statute: C.R.S. 18-3-301
“Any person who does any of the following acts with the intent thereby to force the victim or any other person to make any concession or give up anything of value in order to secure a release of a person under the offender's actual or apparent control commits first degree kidnapping;
(a) Forcibly seizes and carries any person from one place to another; or (b) Entices or persuades any person to go from one place to another; or (c) Imprisons or forcibly secretes any person.”
Colorado Second Degree Kidnapping Statute: C.R.S. 18-3-302
“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.
(2) Any person who takes, entices, or decoys away any child not his own under the age of eighteen years with intent to keep or conceal the child from his parent or guardian or with intent to sell, trade, or barter such child for consideration commits second degree kidnapping.”