Any kidnapping allegations are taken very seriously by Fort Collins Police, Larimer County District Attorneys and the courts. Because the news media demonizes anyone accused of taking another person, innocent actions can sometimes be misconstrued as something much worse.
What is the Definition of Kidnapping in Fort Collins?
There are two different degrees of Kidnapping a person can be charged with in Fort Collins, Loveland, and Estes Park: First Degree Kidnapping and Second Degree Kidnapping.
First Degree Kidnapping – C.R.S. 18-3-301 – is defined by Colorado law as:
- Forcibly seizes and carries any person from one place to another; or
- Entices or persuades any person to go from one place to another; or
- Imprisons or forcibly secretes any person.
Colorado law defines C.R.S. 18-3-302 – Second Degree Kidnapping as:
(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.
What is the Sentence for Kidnapping in Larimer County?
Because this crime is considered a violent crime, pleading to or being convicted of this crime comes with a mandatory prison sentence in Larimer, Boulder and Grand County. Kidnapping can be a class 1, 2, 3, or 4 felony depending on the circumstances, and can result in a prison term of 4 years to life.
First Degree Kidnapping can be charged as a:
- Class 1 Felony if the person kidnapped suffered bodily injury and was liberated alive prior to the conviction of the kidnapper.
- Class 2 Felony if the person kidnapped was liberated unharmed prior to the conviction of the kidnapper.
Second Degree Kidnapping can be charged as:
- Class 2 Felony if the person kidnapped is a victim of a sexual offense or a robbery.
- Class 3 Felony if the kidnapping is accomplished with the intent to sell, trade or barter the victim for consideration; 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 reasonable believe that the article is a deadly weapon; or the kidnapping is accomplished by the perpetrator representing verbally or otherwise that he or she is armed with a deadly weapon.
- Class 4 Felony if none of the above situations apply.
What are Some Examples of Kidnapping?
Seemingly innocent situations do not amount to what we normally think of when we hear Kidnapping, but may result in these charges.
We have defended clients who have done something as innocent as picking up a girlfriend during an argument and carrying her to another room to continue the fight where the kids can’t hear it. We have had seen cases where a single dad takes his children out of the state on vacation without her ex-wife’s consent. Or, during a messy divorce, a mom takes her children to protect them from a harmful situation or to hurt their dad. All these seemingly innocent situations do not amount to what we normally think of when we hear Kidnapping, but these actions result in to Kidnapping charges and a sentence to prison.
Why Should You Hire a Lawyer for Your Kidnapping Charges?
As you can see, Kidnapping charges are taken very seriously and punished severely. You need someone to defend you and protect your future. The experienced criminal defense attorneys at the O’Malley Law Office will require the government to prove each of the three elements of the Kidnapping beyond a reasonable doubt. The government must prove:
- The accused intended to kidnap the victim.
- There was imprisonment and seizure involved.
- There was force involved and it occurred without the victim’s consent.
If any of those elements are not present, the Kidnapping charges will not hold up. Our attorneys care for you and your circumstances. We will not rest until a solid defense is before your jury.