In Weld County, False Imprisonment and 1st and 2nd Degree Kidnapping are criminal charges that need Greeley’s leading attorneys to fight for your rights and criminal case. The defense attorneys at the O’Malley Law Office understand that relationships are hard, and frustration without thinking can result in an arrest. False Imprisonment or Kidnapping criminal charges can lead to serving Weld County Jail time, hefty fines and a criminal record that can affect your future. Read below to learn more about these charges.
What is the Definition of First Degree Kidnapping, C.R.S. 18-3-301, in Greeley, Colorado?
The Greeley, Colorado Definition of First Degree Kidnapping, C.R.S. 18-3-301, is:
(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.
Weld County Definition of Second Degree Kidnapping, C.R.S. 18-3-302
The Weld County 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.
It is important to note that the main difference between 1st and 2nd Degree Kidnapping is that there is a demand of ransom for the return of the victim in 1st Degree Kidnapping.
Definition of False Imprisonment, C.R.S. 18-3-303, in Greeley, Colorado
The Greeley definition of False Imprisonment, C.R.S. 18-3-303, is:
What is the Difference Between False Imprisonment and Kidnapping in Weld County?
In Weld County Courts, the difference between False Imprisonment and Kidnapping is that False Imprisonment involves holding someone where they are – there is no movement of another, or it becomes Kidnapping. If you confine or detain a person and do not move them, the charge is usually False Imprisonment instead of Kidnapping, and the penalty or sentence is much less than Kidnapping.
What are the Penalties and Sentence for 1st and 2nd Degree Kidnapping in Greeley Court?
In Greeley, the sentence for either 1st or 2nd Degree Kidnapping is felony. For a conviction of 1st Degree Kidnapping, the penalties can be up to death, or 24 years in Colorado Department of Corrections and a fine of up to $1,000,000. A 2nd Degree Kidnaping conviction can carry penalties of 8 to 24 years in prison, and a fine of up to $500,000. With both 1st and 2nd Degree Kidnapping, you will have the more severe penalties if a deadly weapon was used, the victim was injured, the victim was robbed, or a sexual offense occurred against the victim. Never forcibly move someone from one place to another, or you might face a Kidnapping charge.
What is the Definition of Moving in First and Second Degree Kidnapping in Weld County?
The definition of movement in Weld County is “seizing and carry the victim to another location.” This means that any distance, even if it is very short, could be considered the type of movement necessary to support a Kidnapping charge. We’ve even seen cases where police charged Kidnapping for moving someone from one room, to another, in the same house.
If you or someone you love has been charged with False Imprisonment, 1st Degree Kidnapping or 2nd Degree Kidnapping, be smart, exercise your right to remain silent, and remember that the Greeley Police are not there to help you or your case. Contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009. Together, we can protect your future.
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