Kidnapping Criminal Defense Attorney in Weld County, Colorado

1st and 2nd Degree Kidnapping Lawyer in Greeley, Colorado

Kidnapping is one of the more serious person and violent crimes in Greeley and throughout Weld County.  However, the Greeley Police often mis-charge this offense, trying to make a felony out of a misdemeanor Harassment or Assault.  Can you imagine charging someone with a felony Kidnapping for picking a person up and moving them away from a window or door because they are in danger?  Police officers can.  As felony offenses and crimes of violence, both First Degree Kidnapping and Second Degree Kidnapping can result in severe penalties.  If you have been charged with Kidnapping, it is imperative that you immediately seek the help of a top criminal defense attorney who can protect your future and keep you out of a Colorado prison. There is a big difference between a genuine Kidnapping and the one often charged by officers – one to show the District Attorney and a jury.  Fortunately, the law on Kidnapping was recently amended and should be of assistance in stopping officers from charging  serious offenses when they are only minor.

Weld County Court Definition of Second Degree Kidnapping, C.R.S. 18-3-302

Kidnapping is divided into two different degrees at the Weld County Court.  Second Degree Kidnapping, C.R.S. 18-3-302, is defined as:

(1) A person who knowingly seizes and carries a person from one place to another, without the person’s consent and without lawful justification, and such movement increases the risk of harm to the person, commits second degree kidnapping.

(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.

In other words, 2nd Degree Kidnapping is charged when one person moves:

  • Another person to another location, thereby increasing the chances of harming that person, or
  • A child that does not belong to them with the intent of selling, trading, or bartering the child.

Greeley Definition of First Degree Kidnapping, C.R.S. 18-3-301

In Greeley, the legal definition of First Degree Kidnapping, C.R.S. 18-3-301, is:

(1) Any person who does any of the following acts with the intent thereby to force the victim or any other person to make any concession or give up anything of value in order to secure a release of a person under the offender’s actual or apparent control commits first degree kidnapping:

(a) Forcibly seizes and carries any person from one place to another; or

(b) Entices or persuades any person to go from one place to another; or

(c) Imprisons or forcibly secretes any person.

What distinguishes 1st Degree Kidnapping from 2nd Degree Kidnapping is the intent.  First Degree Kidnapping is charged when the defendant carries out the kidnapping with the intent of demanding a ransom from the victim or another person.  Second Degree Kidnapping may involve intent to sell, trade, or barter the victim, but does not involve a ransom demand.

Kidnapping as a Crime of Violence in Weld County

What is a Crime of Violence in Colorado Courts?

Both First and Second Degree Kidnapping can be designated crimes of violence in Weld County.  Crimes of violence are a specific set of offenses listed under C.R.S. 18-1.3-406.  These offenses are those 1) in which the defendant used, or threatened to use, a deadly weapon, OR 2) rendered serious bodily injury to another person (besides another participant) in the commission of the crime. Kidnapping is on that list of serious offenses to be included as Crimes of Violence.

When a person is convicted of a crime of violence, the defendant is given a substantially longer sentence in the Colorado Department of Corrections.  For example, a class 3 felony is generally punishable by 4 to 12 years in the Colorado DOC and 3 years of mandatory parole upon release.  However, a class 3 felony with crime of violence designation is instead punishable by 8 to 32 years and 5 years of mandatory parole.

Greeley Penalties for Kidnapping, C.R.S. 18-3-301 and 302

Colorado DOC Incarceration and More

Penalties for a conviction of Kidnapping in Greeley depend on the degree of the Kidnapping charged and the circumstances behind the offense.  The table below displays the different circumstances and their respective sentences:

Degree / Circumstances of Kidnapping

Classification

Penalties
Second Degree Kidnapping without circumstances listed below

Not treated as a Crime of Violence

 Class 4 felony / F4
  • 5 – 16 years in the Colorado DOC
  • 3 years of mandatory parole upon release
  • Fine of $2,000 – $500,000
  • Restitution payments to the victim
  • Mandatory firearm and ammunition relinquishment
Second Degree Kidnapping if the Kidnapping was accomplished:

  • With intent to sell, trade, or barter the victim,
  • With the use of a deadly weapon, or an object made to look like a deadly weapon, or
  • By the defendant indicating that they are armed with a deadly weapon

Treated as a Crime of Violence

 Class 3 felony / F3
  • 8 – 32 years in the Colorado DOC
  • 5 years of mandatory parole upon release
  • Fine of $3,000 – $750,000
  • Restitution payments to the victim
  • Mandatory firearm and ammunition relinquishment
  • First Degree Kidnapping if the victim was liberated alive prior to the defendant’s conviction
  • Second Degree Kidnapping under the following circumstances:
    • The victim was also subjected to Sexual Assault, Unlawful Sexual Contact, Sexual Assault on a Child, or another sexual offense under Title 18, Article 3, Part 4
    • The victim was subjected to a Robbery
    • The victim was a child under 18 years old taken from their parent / guardian with the intent of being sold, traded, or bartered

Treated as a Crime of Violence

 Class 2 felony / F2
  • 16 – 48 years in the Colorado DOC
  • 5 years of mandatory parole upon release
  • Fine of $5,000 – $1,000,000
  • Restitution payments to the victim
  • Mandatory firearm and ammunition relinquishment
First Degree Kidnapping if the victim suffered bodily injury

Treated as a Crime of Violence

 Class 1 felony / F1
  • Life in the Colorado DOC
  • Ineligibility for parole

Contact a Top Weld County Kidnapping Lawyer Today

If your friend or loved one has been charged with Kidnapping, you need to contact a top Weld County Kidnapping lawyer on their behalf – fast.  Both degrees of Kidnapping are felony crimes of violence, and conviction of either will result in several years in a Colorado prison and thousands of dollars in fines.  In the worst case scenario, your friend or loved one could face life in a Colorado prison and never see the outside world again.

An attorney with over 30 years of experience is essential to your loved one or friend protecting their future.  Don’t wait to contact the best criminal defense lawyers with the expertise and dedication to rigorously defend your friend. Call the O’Malley Law Office today.

Has a friend or loved one been charged with Kidnapping?  Get in contact with a top criminal defense lawyer with decades of experience at the O’Malley Law Office today by calling 970-616-6009.  Together, we can protect your friend’s future.

The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!

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