A Greeley man is facing serious charges after being accused of Kidnapping and Robbery against his estranged wife. According to the news report, the Greeley police received a call that a woman was being held against her will. When the police arrived on the scene, they interviewed the woman who claimed that her estranged husband had kidnapped her and held her against her will. With additional investigation, it was revealed the man had allegedly robbed the same woman earlier in the day at Walmart. Because both the offenses were against his estranged wife, he is being charged with Robbery as an act of Domestic Violence and 2nd Degree Kidnapping as an act of Domestic Violence.
Greeley 2nd Degree Kidnapping Lawyer: What is the Definition of Second Degree Kidnapping in Weld County?
The 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.
Second Degree Kidnapping can be charged as a class 2 felony, class 3 felony, or class 4 felony depending on the circumstances:
| 2nd Degree Kidnapping Felony Level | Elements of the Second Degree Kidnapping |
| Class 2 Felony Second Degree Kidnapping | · Person kidnapped is a victim of a sexual offense; or
· Person kidnapped is a victim of a robbery |
| Class 3 Felony Second Degree Kidnapping | · The kidnapping is accomplished with intent to sell, trade, or barter the victim; or
· The kidnapping is accomplished by the use of a deadly weapon or any article that resembles a deadly weapon; or · The kidnapping is accomplished by the perpetrator representing verbally or otherwise that he or she is armed with a deadly weapon |
| Class 4 Felony Second Degree Kidnapping | · The kidnapping meets the elements of the statute, but does not include any of the elements to meet the class 2 or class 3 kidnapping described above |
Depending on how the Weld County DA interprets the man’s actions throughout the day, the Kidnapping could be seen as part of the same criminal action with the Robbery from earlier in the day. If this is the case, the man would be facing a class 2 felony 2nd Degree Kidnapping. If the two charges are viewed as separate criminal actions, he would be facing the class 3 felony Second Degree Kidnapping because the victim alleges there was a weapon involved.
Weld County Robbery Attorney: What is the Definition of Robbery?
The Colorado law definition of Robbery – C.R.S. 18-4-301 – is:
The elements that truly define Robbery are the use of force, threats, or intimidation. What makes it somewhat easy to charge is that all a person has to claim is that they felt even a little intimidated to get someone charged with this crime. Even in a situation where a man asks a woman for her purse, if the woman felt intimidated simply because he was a man, Robbery charges could be filed. As a class 4 felony in Weld, Morgan, and Logan County, Robbery is punishable by 2 to 6 years in the Colorado Department of Corrections and up to $500,000 in fines.
Have you been charged with Kidnapping, Robbery, or a Domestic Violence offense? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Have you been charged with Kidnapping, Robbery, or a Domestic Violence offense? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Greeley Domestic Violence Attorney: What Does a Domestic Violence Offense Entail?
In Greeley, Erie, and Evans Domestic Violence is a sentence enhancer added to any other crime when it occurs against a person with whom the accused has been in an intimate relationship. When Domestic Violence (DV) is added to a crime, it adds certain sentencing requirements. A person convicted of a DV offense will have to complete Domestic Violence treatment. Immediately when a person is accused, a protection order is entered preventing any contact between the accused and the accuser. This can make parenting and seeing your children an extremely hard task.
If you or someone you love has been charged with Kidnapping, Robbery or a Domestic Violence offense, be smart, exercise your right to remain silent, and contact the best Greeley criminal defense attorneys from the O’Malley Law Office at 970-616-6009 immediately. Together, we can protect your future.
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