In Weld County, a man was recently sentenced to 20 years in prison after a carjacking. The man was convicted of Second-Degree Kidnapping and Aggravated Robbery. The day of the crime, the defendant was approached by police after a disturbance call was made. The defendant then ran to an uninvolved car and forced himself into a vehicle, making the owner drive away. During this time, it was said that he attacked the driver and threatened him with a gun and took the victim’s cell phone. Kidnapping and Aggravated Robbery are two of the most serious Colorado criminal charges. Read more below if you need help from a diligent criminal defense attorney. Facing Kidnapping or Aggravated Robbery charges in Fort Collins or Larimer County? Get help HERE.
Legal Definition of Second-Degree Kidnapping, C.R.S. 18-3-302, in Greeley, Colorado
The definition of Second-Degree Kidnapping, C.R.S. 18-3-302, in Greeley is:
(1) Any person who knowingly seizes and carries any person from one place to another, without his consent and without lawful justification, 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.
The main difference between 1st Degree Kidnapping and 2nd Degree Kidnapping is that 1st Degree Kidnapping requires the intent to get a ransom or concession. Whereas in 2nd Degree Kidnapping, moving a person, even if it is only a little distance, without their consent, is 2nd Degree Kidnapping.
Legal Definition of Aggravated Robbery, C.R.S. 18-4-302, in Weld County
Aggravated Robbery, C.R.S. 18-4-302, in Weld County is defined as:
(1) A person who commits robbery is guilty of aggravated robbery if during the act of robbery or immediate flight therefrom:
(d) He possesses any article used or fashioned in a manner to lead any person who is present reasonably to believe it to be a deadly weapon or represents verbally or otherwise that he is then and there so armed.
In the above story, even if the defendant did not have a gun, when he told the victim he did and robbed the driver of his phone, the defendant committed Aggravated Robbery.
Why Was the Man Not Charged with Second-Degree Aggravated Motor Vehicle Theft or Carjacking Under C.R.S. 18-4-409?
In the story above, the news media is quick to call this a Carjacking or what is also known in Colorado as Aggravated Motor Vehicle Theft, C.R.S. 18-4-409. So the question is, why wasn’t the accused charged with this crime? Let’s look at what is needed to charge a defendant with 1st Degree or 2nd Degree Aggravated Motor Vehicle Theft in Colorado. To be charged with 1st Degree Aggravated Vehicle Theft, a person would need to do two things: 1) take control over someone else’s car without permission or by threat or deception AND 2) keep the vehicle for more than a day, take it out of Colorado for more than half a day, use the vehicle to commit a crime, and attempt to alter or disguise the vehicle, its VIN, or its license plates. For a 2nd Degree Aggravated Motor Vehicle Theft charge, a person would need to take control over someone else’s car without permission or by threat or deception and nothing else. So, while the defendant in our original story did threaten the victim, he did not actually take control over the car, but instead had the victim drive him and then proceeded to steal the phone.
Penalties and Sentence for 2nd Degree Kidnapping and Aggravated Robbery in Weld County
In Weld County, 2nd Degree Kidnapping is, at a minimum, a class 4 felony with penalties including 2 – 8 years in the Colorado Department of Corrections, and a fine of $2,000-$500,000. Aggravated Robbery is a class 3 felony with penalties of 4 – 16 years in prison, a maximum fine of up to $750,000, and 5 years mandatory parole. The Aggravated Robbery sentence increases up to 32 years if, during the robbery, the defendant hit or wounded the victim with a deadly weapon; or by force, threats, or intimidation placed the victim in reasonable fear of death or bodily injury.
Both Kidnapping and Aggravated Robbery are Extraordinary Risk Crimes, which means that there is a greater risk of harm to the public. With the Extraordinary Risk label, the defendant will face a more severe sentencing range. To learn more about Extraordinary Risk Crimes, go HERE.