It’s not difficult to face charges of a crime in Weld, Morgan, and Logan County. In fact, sometimes it’s as easy as picking up a loved one. Recently, a Colorado woman was charged with Second Degree Kidnapping after she took her father away from his assisted-living center without authorization. Let’s look closer at the law in order to understand how someone could be charged with a violent crime such as kidnapping for helping her father.
What is Second Degree Kidnapping?
When we hear someone was kidnapped, a violent encounter comes to mind. But, kidnapping charges rarely stem from a van screeching up and nabbing someone on the side of the street like they do in the movies. The reality is much tamer. The Kidnapping statute – C.R.S. 18-3-302, says a person who:
While this definition seems fairly straightforward, the way the law is applied often leaves a bit to be desired. The woman who took her father away from the assisted-living center faces charges of Second Degree Kidnapping as well as crimes against an at-risk adult. He was at the center as the result of a court order for medical reasons. Why would a 35-year-old woman kidnap her 57-year-old father from an assisted living center unless she cared for him? The police found the pair at the daughter’s home. She has stated in the past that she would help him commit suicide if he was ever placed in an assisted-living facility. In other words, her father most likely didn’t want to be there. But, he doesn’t have the mental capacity to say so. Therefore, because the woman carried her father “from one place to another, without his consent and without lawful justification,” she is facing serious criminal charges. It’s sad when you see situations like this. The woman obviously cares for her father, but is facing consequences for her affection.
Charged with Second Degree Kidnapping: Why You Need a Lawyer
The woman would be wise to contact a skilled criminal defense lawyer in Greeley immediately. Kidnapping charges cannot be ignored. They can result in a serious consequence. In her situation, Second Degree Kidnapping is a class 4 felony. This results in a possible prison sentence of up to six years. If you face charges, don’t give up hope. Fight for your future by calling the best criminal defense attorneys at our office. Getting your case dismissed is our top priority.
If you face charges of Second Degree Kidnapping, be smart and exercise your right to remain silent. Then, contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 970-616-6009. Together, we can protect your future.
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