Charged With A Crime? It Doesn’t Mean You’re Guilty.

Kidnapping is Not Usually What You’d Expect

| Sep 12, 2015 | Kidnapping |

Of all the horrendous crimes we may imagine, Kidnapping is one of the most feared. Taking a person against their will to a secluded place where they are held for ransom, or killed, is a terrible thing deserving of a harsh punishment. In reality, Adams and Douglas County Kidnapping usually involves much less serious conduct. Usually, some variation of the following results in a Kidnapping charge: a man and a women fighting, and the man picks up the woman and puts her in their bedroom to cool down or talk it out. How can this be Kidnapping?  Read a prior Blog on Domestic Violence Kidnapping.

The Colorado Definition of Kidnapping

Colorado law says that: “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.” C.R.S. 18-3-302. In the best of circumstances, this is a class 4 felony, with a 2 – 6 year prison sentence. In the worst, it becomes a class 3 felony with more prison time. Here are some important points about this crime in Denver and Aurora:

  • DISTANCE: Note that you don’t have to move someone any particular distance for it to be kidnapping. I have seen District Attorneys charge kidnapping for carrying a woman from one room to another in a house.
  • LENGTH OF TIME: Note that you don’t have to hold someone in the place you move them, for any minimum length of time for it to be kidnapping. One minute is sufficient.
  • MONETARY OR OTHER GAIN: Note that you don’t need to be seeking some sort of personal gain to be charged with kidnapping. Just pick someone up and move them to another room and you are guilty.
  • INJURY TO THE PERSON “KIDNAPPED”: Note that you don’t need to harm the person you move from one room to another room, to be convicted of kidnapping. Just move them and you will be charged.
  • USE OF A WEAPON: It is not necessary that you threaten the person with a gun or knife to move them. Just pick them up (if they are not too heavy) and you have completed this serious criminal offense.
  • RANSOM: You don’t need to be seeking any sort of ransom in order to be charged and convicted of this felony crime.

First Degree Kidnapping in Arapahoe and Jefferson County

The more traditional television view of kidnapping comes from First Degree Kidnapping, a class 2 felony. If the person kidnapped experiences any pain (bodily injury), it becomes 1st Degree Kidnapping, a class 1 felony – our highest level vfelony. With the lower level class 2 felony version, Men and women can be sent to the Colorado Department of Corrections for up to 24 years if any of the following is present in a Kidnapping:

  • Seeking a ransom in exchange for the person’s freedom
  • Forcibly seizing someone
  • Enticing or persuading a person
  • Imprisoning or forcibly secreting any person

If you are charged with a Kidnapping offense of any level, be careful not to give any information to the police – exercise your right to remain silent. Next, call the best Kidnapping attorneys at 303-731-0719. Together, we can protect your future.