Taking someone against their will is charged as Kidnapping in Greeley and Weld County. As humans, we all see things differently based on our perceptions, biases and history. A man was recently charged with Attempted Kidnapping and his story compared to the victim’s story could not be more different. According to the report, the man was arrested after trying to take a stroller containing a baby from its mother. The father became involved and the two struggled over the stroller before the man ran away. The father followed until police intervened and arrested the man. At his first court appearance, the man claimed that he was just playing with the baby and had no idea what the allegations even were. Those seem like very different versions of the same event.
Greeley Kidnapping Attorney: Definition of Second Degree Kidnapping
The Weld, Morgan, and Logan County, Colorado law definition of Second Degree Kidnapping – C.R.S. 18-3-302 – is:
(2) Any person who takes, entices, or decoys away any child not his own under the age of eighteen years with intent to keep or conceal the child from his parent or guardian or with intent to sell, trade, or barter such child for consideration commits second degree kidnapping.
Based on the allegations, the man would likely be charged under subsection (b) for trying to take a child that is not his.
Sentence for Attempted Second Degree Kidnapping in Erie and Evans
Second Degree Kidnapping for the situation described above would likely be charged as a class 4 felony because none of the aggravating factors are present in this case. But, because the man was not successful in taking the child, he would likely be facing an Attempted Second Degree Kidnapping charge. Attempt is charged when you take a substantial step toward committing a crime. Based on the information provided, it would be considered a substantial step when the man told the mother to give him the baby and when he tussled over the stroller with the father. Attempted Second Degree Kidnapping is a class 5 felony, punishable by 1 to 3 years in the Colorado Department of Corrections.
If you or someone you love has been charged with Kidnapping or Attempted Kidnapping, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 for a free consultation or to schedule a jail visit. Together, we can protect your future.
Image Source: Pixabay-photo-graphe