First Degree Kidnapping in Fort Collins | A New Phone Scam

Learn how First Degree Kidnapping is charged in Colorado.
Learn how First Degree Kidnapping is charged in Colorado.
Image Credit: Pixabay – ClkerFreeVectorImages

When a Denver man received a phone call one morning, claiming that some kidnappers had taken his wife and were demanding $2,000 in ransom, the man quickly sprang into action. He sent his kids to a neighbor’s house and headed to Wal-Mart to get a money gram. In the meantime, the neighbors called the police, who met the man at the Wal-Mart. Together, they called the man’s wife, only to find out she was perfectly okay and the whole ordeal was a scam. If the man’s wife really had been taken and a ransom demanded, the kidnappers would have been charged with 1st Degree Kidnapping – a serious felony in Fort Collins, Loveland, and Estes Park.

What is 1st Degree Kidnapping in Larimer County?

The Colorado law definition of First Degree Kidnapping – C.R.S. 18-3-301 – is:

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.

What is the Sentence for Kidnapping in the First Degree in Boulder and Grand County?

1st Degree Kidnapping can be a class 1 felony or class 2 felony depending on the circumstances. It is charged as a class 1 felony if the kidnapped person sustains bodily injury. This level felony is punishable by a life sentence in the Colorado Department of Corrections. It is important to note, though, that different than most other class 1 felonies, the death penalty is not an option. If the kidnapped person was released or found unharmed, the First Degree Kidnapping is charged as a class 2 felony. This level felony is punishable by 8 to 24 years in the Colorado Department of Corrections.

[pullquote align=”center” textalign=”center” width=”95%”]Have you been charged with First Degree Kidnapping? Contact the experienced attorneys from the O’Malley Law Office to defend you today![/pullquote]

Ransom Calls: Is It Really A Crime?

Based on the facts from the case above, if the people behind the phone call were ever caught, they could be charged with Attempted First Degree Kidnapping. Under Colorado law, all a person needs to do is take a ‘substantial step’ toward the commission of a crime in order to be charged with Criminal Attempt to commit that crime. Because the men claimed to have the woman and demanded a ransom, this could be seen as a ‘substantial step.’ When Attempt is added to a crime, like Attempted 1st Degree Kidnapping, the crime is charged a step less harshly than the original crime. In this instance, the class 2 felony Kidnapping would be charged as a class 3 felony Attempted Kidnapping.

If you or someone you love has been charged with First Degree Kidnapping, be smart, exercise your right to remain silent and contact the affordable criminal defense lawyers from the O’Malley Law Office at 970-658-0007 immediately. Together, we can protect your future.