Are you facing kidnapping charges?
The penalties associated with felony kidnapping charges are severe and could occur at the state or federal level, depending on the case.
If you have been charged with kidnapping, your need for legal representation is critical. At Right Law Group, our experienced kidnapping defense lawyers are ready to help you. We will explain your rights clearly and build a strong defense to protect your future. Contact us today for a free consultation to discuss your case. We have conveniently located offices in Colorado Springs, Highlands Ranch and Castle Rock.
Colorado counties we serve: Arapahoe, Douglas, El Paso, Fremont, Jefferson, Pueblo, and Teller.
A kidnapping charge in Colorado occurs when an individual is accused of intentionally imprisoning and transporting an alleged victim against their will when there was no lawful reason to do so.
The act of kidnapping could have been accomplished in a variety of ways, including:
Most kidnapping charges are felonies in Colorado, and the severity of the charge depends on a few factors, including the alleged victim’s age and whether harm to the victim occurred during the ordeal.
Domestic disputes and arguments
Drug debts
Child custody disagreements
Ransom seeking
There are two degrees of Colorado kidnapping charges, and which charge is filed depends on one crucial factor—whether the perpetrator made demands associated with the release of the kidnapped victim.
The lesser of the two degrees of kidnapping charges, second-degree kidnapping, alleges that the perpetrator seized and moved the victim from one place to another against their will.
This charge also includes luring or enticing a child away from a legal guardian with the intent to conceal or keep the child. Additionally, individuals can be charged with parental kidnapping or violation of a custody order in some cases.
The most severe kidnapping charge in Colorado is first-degree kidnapping. This charge alleges that the defendant committed the same crime as second-degree kidnapping.
However, kidnapping in the first degree comes with the added intent to secure valuable assets—like a ransom—from either the victim or some other person to release the kidnapped person.
Colorado penalties for felony charges of kidnapping depend on the individual case and the severity of the defendant’s actions. It is, however, considered a crime of “extraordinary risk” under Colorado law and carries harsher consequences than other types of felonies.
As a Class 4 felony in Colorado, a second-degree kidnapping charge can carry penalties including:
These penalties could increase should aggravating factors be present in the case.
A Class 3 felony, first-degree kidnapping charges can carry even harsher penalties, including:
Again, aggravating factors could increase the sentence in a first-degree kidnapping case.
Once you’ve served your sentence and paid your fines for a kidnapping conviction in Colorado, there are still some rights you could lose, including:
While serving a prison sentence, people convicted of felonies are not permitted to vote in any elections. However, once released, voting rights are restored in Colorado, regardless of a felony record.
When you’re facing criminal charges of any kind, you need criminal law experts on your side to ensure you’re treated fairly, and your rights aren’t infringed upon throughout the legal process.
Speak with a Colorado Springs kidnapping attorney to discuss your legal options. Call now for a free consultation.
Frequently Asked Questions
Some kidnapping cases in Colorado are classified as “parental kidnapping” or “custodial interference.”
In these cases, the non-custodial parent allegedly takes the child without the consent or knowledge of the custodial parent. The offender often has no legal parental or visitation rights at the time.
Penalties for parental kidnapping include up to $2,000 in fines and between two and six years in prison.
While the penalties for parental kidnapping are less severe than first or second-degree kidnapping, the charges are still Class 4 or 5 felonies, depending on the case.
When additional factors are present in a kidnapping case, the charges and penalties can be increased above the standard sentences for kidnapping convictions.
Aggravating factors include:
These factors elevate the crime to a higher-level felony, which is why penalties will be heavier.
While some may use the terms interchangeably, these two charges are assigned to totally different crimes. The significant difference between kidnapping and false imprisonment is that, while both involve illegally detaining another person, kidnapping involves transporting the victim from one place to another.
False imprisonment is a Class 2 misdemeanor in Colorado and carries penalties of up to $1,000 in fines and a maximum of one year in prison.
Convictions of false imprisonment typically carry lesser penalties than kidnapping, provided no aggravating factors exist in the ordeal.
Factors that could increase the sentence include whether the defendant used force or threats to detain their victim and whether the victim was held against their will for more than 12 hours.
