In Weld County, if you are accused of a Second-Degree Kidnapping charge, you are facing serious criminal consequences which normally involve prison time. A mother in Denver recently took her 5-year-old daughter, who she did not have custody of. She took her child while she was visiting with her grandparents. The car with the mother and daughter was stopped in Ohio, after the girl had been missing for four days. Understanding your criminal charges, such as kidnapping, is very important. If you have been accused of Second-Degree Kidnapping in Greeley or Weld County, call the O’Malley Law Office to speak with a criminal defense attorney, or read more below to learn about your charges.
Definition of Second Degree Kidnapping – C.R.S. 18-3-302 – in Greeley, Colorado
In Greeley, Colorado, Second Degree Kidnapping – C.R.S. 18-3-302 – is defined as follows:
(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 the case above, although the woman was the biological mother to the girl, she did not have legal custody of her at the time the child was taken and could be convicted of Second Degree Kidnapping.
What is the Difference Between 1st Degree Kidnapping and 2nd Degree Kidnapping in Weld County?
In Weld County, both 1st and 2nd Degree Kidnapping are serious criminal charges and felonies if convicted. The only difference in the two is that in 1st Degree Kidnapping there is an intent to get ransom. You can learn more about 1st Degree Kidnapping here.
What is the Sentence and Penalty for Second-Degree Kidnapping in Greeley, Colorado?
In Greeley, a conviction for a Second-Degree Kidnapping charge will result in a class 4 felony sentence. The penalty for a class 4 felony includes 4-16 years in Colorado Department of Corrections and/or a fine of $3,000-$750,000. Other penalties could be added on if you were to be convicted of robbing the victim, using or threatening them with a deadly weapon or sexually assaulting them.
Weld County Defenses for 2nd Degree Kidnapping
A felony conviction for a 2nd Degree Kidnapping chargein Weld County has many consequences beyond serving time in the Colorado Department of Corrections. It can affect your future including your employment and housing. It is important to hire a skilled attorney who can get the best possible outcome, including a dismissal. Some possible defenses are:
- The alleged victim came with you willingly
- You did not take or move the victim
- You did not detain the victim
- You had legal custody of the child
- You move the alleged victim to keep them safe
Have you or someone you love been accused of a Second-Degree Kidnapping charge? 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 to schedule a consultation. Together, we can protect your future.
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