Kidnapping Differences from False Imprisonment in Jefferson County, Colorado
Kidnapping and False Imprisonment are closely related in Jefferson County, Colorado. They differ based on the motive, type and length of holding someone against their will. A minor inconvenience to the alleged victim, will mostly be charged as False Imprisonment. A more lengthy or more complex and for profit holding of someone will result in Kidnapping charges. Let’s compare these two laws. Colorado Kidnapping Law.
Definition of False Imprisonment in Denver County, C.R.S. 18-3-303:
The definition of False Imprisonment, is:
-When a person knowingly confines or detains another;
-Without the other’s consent or proper legal authority.
False imprisonment can be a class 2 misdemeanor or a class 5 felony. With force or the threat of force, or if someone is held for more than 12 hours, the crime changes to a class five felony. False Imprisonment Law in Colorado.
Definition of First Degree Kidnapping in Arapahoe County, Colorado, C.R.S. 18-3-301
Colorado has First Degree Kidnapping and Second Degree Kidnapping. The First Degree Kidnapping definition for Arapahoe County involves the intent to force someone to give up something of value for the release of the person taken. In addition to giving up of something of value, it also involves either 1) forcibly taking someone and carrying them from one place to another; or 2) enticing or persuading someone to go from one place to another; or 3) imprisoning or secreting someone. 1st Degree Kidnapping can be either a class 1 felony or a class 2 felony.
Second Degree Kidnapping Definition in Douglas County, Colorado, C.R.S. 18-3-302
Second Degree Kidnapping in Douglas County is defined as: 1) carrying someone from one place to another without their consent; or 2) taking a child under 18 years with the intent to conceal them from their parent or planning to sell or trade the child. 2nd Degree Kidnapping can be either a class 2 felony or a class 4 felony.
Charges for Kidnapping Affected by the Intent in Adams County Courts
When someone takes another for personal gain in Adams County, it is usually charged as either a First Degree or Second Degree Kidnapping. The taking of a child is usually Kidnapping. Yet other takings during a Westminster or Northglenn domestic violence incident are generally treated as False Imprisonment – much less serious and temporary.
Police are Abusive of the Law in False Imprisonment Cases in Aurora, Lakewood and Denver
Police from Aurora, Denver and Lakewood will shamelessly try and turn a False Imprisonment case into a Kidnapping case. After a pushing or shoving incident, we hear of officers fishing for evidence and planting ideas in the victim’s head. An angry woman is receptive to getting back at the man, and will follow the officer’s lead. Overcharging is common.
Criminal charges are not a game. Get help from lawyers who take your charges personally and worry about the outcome of your case. Don’t help police by talking to them. Call the experienced False Imprisonment and Kidnapping Lawyers at the O’Malley Law Office. Together, we can protect your future.