Colorado Springs Kidnapping Defense
Anyone accused of kidnapping in Colorado may face criminal charges at the state or federal level, depending on the nature of the case.
Colorado defines kidnapping as intentionally seizing and transporting someone from one area to another against their will without a legally justified reason for doing so.
In most cases, charges related to kidnapping are felonies in the state of Colorado. Factors that affect the case include how old the victim was as well as whether or not they were harmed during the kidnapping.
Felony Charges Related To Kidnapping
Assuming that aggravating circumstances didn’t contribute to the kidnapping incident, it is considered a Class 4 felony. Convictions resulting from kidnapping can lead to the following penalties:
- Probation. The conditions of probation can vary, ranging from the threat of jail time to participation in work release programs.
- A prison sentence of anywhere from 2 to 6 years, assuming that there were no exceptional circumstances. In cases involving exceptional circumstances, the sentence can be as long as 12 years with mandatory parole after three years.
- Taking, holding, or moving someone without their permission can result in serious criminal charges, even if it is only for a short time. Hiding, restraining, moving, taking, or luring a child away from their legal guardian can also result in kidnapping charges.
The most common scenarios that lead to kidnapping charges include the following:
- Custody disagreements
- Debts related to drugs
- Fights between partners or spouses
Kidnapping In The First Degree
First-degree kidnapping charges are the most severe. These charges are usually filed when a person is accused of any of the following actions:
- Moving a person from one location to another without their permission or cooperation
- Luring or enticing someone to move to another place
- Hiding or imprisoning another person
Kidnapping In The Second Degree
Accused individuals usually face second-degree kidnapping charges if they move or transport someone without their permission or if they lure a child away from the parent or individual who has custody of them to use the child as leverage.
In some cases, second-degree kidnapping charges are considered Class 4 felonies. Any aggravating circumstances can increase the severity of those charges. Common scenarios where this occurs include:
- The person accused of kidnapping used a deadly weapon during the event. This usually elevates the felony charges to Class 3 instead of Class 4.
- The victim accuses the person of sexually assaulting or robbing them while they were being kidnapped. This usually results in Class 2 felony charges.
If You Are Facing Kidnapping Charges, You Need A Good Lawyer
If you’ve been accused of kidnapping, it is important to get experienced legal representation right away. You could be facing significant fines or time in jail.
The experts at the Law Office of Jeremy Loew have experience with criminal cases like this. We work hard to protect your rights for the best possible outcome.
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