Kidnapping Charges

Have you been charged with kidnapping? In the state of Colorado, charges of kidnapping are very serious. The consequences of being convicted of kidnapping may include lengthy prison sentences. With kidnapping charges, the circumstances surrounding the crime, the age of the victim, the defendant’s relationship to the victim, and several other factors will be examined. These circumstances will influence the charges and penalties that a defendant may be faced with.

Having a skilled and experienced Colorado criminal defense attorney on your side can help you protect your freedom, rights, and reputation if you have been charged with kidnapping. At Koziel & Lehr Law, we take a collaborative, sophisticated, and zealous criminal defense approach as we work with our clients. Our criminal defense and family law firm is here to help you through Colorado’s complex and challenging judicial system.

Kidnapping is one of the most serious crimes you can be charged with. Elements of kidnapping may include seizing and carrying, restraint, movement, and unlawful intent. § 18-3-302. First degree kidnapping may carry a life sentence. § 18-3-301.

Kidnapping is a felony in the state of Colorado. Felony convictions can be class 1, class 2, class 3, or class 4. The most serious felony conviction with this crime is class 1 kidnapping in the First Degree. Circumstances such as sexual assault, intent to sell a victim, injury to the victim, and persuasion of a victim with unlawful intent will all impact the seriousness of this felony charge.

• First Degree Kidnapping (Class 1 Felony)
• Second Degree Kidnapping (Class 2 Felony)
• Second Degree Kidnapping (Class 3 Felony)
• Second Degree Kidnapping (Class 4 Felony)

In Colorado, you can be charged with committing First Degree kidnapping if you forcibly seize and carry a person from one location to another location (even short distances), persuade a person to go from one location to another location (even short distances) or imprison a person. Then, along with any of the above three reasons, first degree kidnapping charges also include doing this with the intent to force the alleged victim to make any concession or give up anything valuable to secure the person’s release. § 18-3-301.

Section 18-3-301 of the Colorado Revised Statutes (C.R.S.) provides:

(1) Any person who does these acts with intent to gain valuables or concession such as,

(a.) Forcibly seized and carried any person from one location to another,
(b.) Entices or persuades someone to go from one place to another,
(c.) Imprisons, holds, or forcibly secretes any other person.

Second Degree kidnapping is similar to First Degree kidnapping. However, to be guilty of Second Degree kidnapping, gaining concessions from the victim or obtaining valuables is not necessary. § 18-3-302.

A person can be convicted of second-degree kidnapping if they knowingly bring or lure a person from one place to another against their will. Another example of this would be if you lured a minor under the age of 17 away from their legal guardian or rightful parent.

Second Degree kidnapping is a class 4 felony in the state of Colorado. Various circumstances can increase the seriousness of this offense.

Section 18-3-302 (1), C.R.S. provides:

If anyone knowingly takes and moves another person from one place to another, without the express consent, understanding, or permission, and or without having lawful justification, the aforementioned has committed an act of Second Degree kidnapping.

Or, if one entices, takes hold of, or decoys away a child that is not lawfully under the legal custodial guardianship, or eighteen years or older, with the intent to keep or conceal that child from his parent or guardian. Or, if they have the intent to sell or trade the child.

If convicted of the crime of kidnapping, it is a felony crime in Colorado. Even if the victim is unharmed or you did not intend to cause them suffering, the penalties for kidnapping can be quite severe.

False imprisonment involves keeping somebody in the same location, usually against their will. Unlike kidnapping, false imprisonment does not involve moving a victim from one location to another. If you move the victim a very short distance, false imprisonment can turn to kidnap in an instant. Additionally, false imprisonment is a misdemeanor, not a felony offense.

Consequences for First Degree Kidnapping Convictions in Colorado May Include:

• 24 years in prison and
• A fine of $1,000,000
• Up to 48 years in prison
• Life in prison

If you possessed and threatened the use or used a deadly weapon; or if the kidnapping victim was injured, expect consequences to be more severe.

Consequences for Second Degree Kidnapping Convictions in Colorado May Include:

• 8 years in prison
• A fine $500,000

Also, the penalties for second-degree kidnapping may be increased to 16 years in prison with a similar fine if you had intentions to sell the victim or trade them for drugs, money, or other consideration. If you did this with a deadly weapon, the penalty goes up to a maximum of 32 years, and the fine increases to as much as $750,000. If you robbed the victim and used or possessed and threatened to use a deadly weapon, the penalty increases to 48 years and the fine goes up to an amount of $1,000,000.

Choose the Colorado Kidnapping Criminal Defense Attorneys With a Broad Understanding of the Law

Koziel & Lehr Law can handle all levels of offenses. If you have been charged with kidnapping, call us right away so that we can begin working together to protect you. At Koziel & Lehr Law, we do everything we can to achieve the best possible case outcomes for each of our clients.

If you have been charged with kidnapping in Colorado, we advise you to exercise your right to remain silent until speaking with an attorney, contact Koziel & Lehr Law LLC or call us right away at (720) 314-8750.