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Colorado Springs Kidnapping Attorney

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Colorado Springs Kidnapping Attorney

Are you facing kidnapping charges?

The penalties associated with felony kidnapping charges are severe and could occur at the state or federal level, depending on the case.

If you have been charged with kidnapping, your need for legal representation is critical. Contact a Colorado Springs Kidnapping Attorney as soon as possible to ensure you’re treated fairly and your rights are observed.

What Constitutes Kidnapping in Colorado?

A kidnapping charge in Colorado occurs when an individual is accused of intentionally imprisoning and transporting an alleged victim against their will when there was no lawful reason to do so.

The act of kidnapping could have been accomplished in a variety of ways, including:

  • Enticement
  • Persuasion
  • Force

Most kidnapping charges are felonies in Colorado, and the severity of the charge depends on a few factors, including the alleged victim’s age and whether harm to the victim occurred during the ordeal.

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Scenarios That Have Led to Kidnapping in Colorado

Domestic disputes and arguments

Drug debts

Custody disagreements

Ransom seeking 

Degrees of Kidnapping Charges in Colorado

There are two degrees of Colorado kidnapping charges, and which charge is filed depends on one crucial factor—whether the perpetrator made demands associated with the release of the kidnapped victim.

Second-Degree Kidnapping

The lesser of the two degrees of kidnapping charges, second-degree kidnapping, alleges that the perpetrator seized and moved the victim from one place to another against their will.

This charge also includes luring or enticing a child away from a legal guardian with the intent to conceal or keep the child.

First-Degree Kidnapping

The most severe kidnapping charge in Colorado is first-degree kidnapping. This charge alleges that the defendant committed the same crime as second-degree kidnapping.

However, kidnapping in the first degree comes with the added intent to secure valuable assets—like a ransom—from either the victim or some other person to release the kidnapped person.

Kidnapping Charges Carry Heavy Consequences

Colorado penalties for felony charges of kidnapping depend on the individual case and the severity of the defendant’s actions. It is, however, considered a crime of “extraordinary risk” under Colorado law and carries harsher consequences than other types of felonies.

Second-Degree Kidnapping Penalties

As a Class 4 felony in Colorado, a second-degree kidnapping charge can carry penalties including:

  • Up to $500,000 in fines
  • A maximum of eight years in prison

These penalties could increase should aggravating factors be present in the case.

First-Degree Kidnapping Penalties

A Class 3 felony, first-degree kidnapping charges can carry even harsher penalties, including:

  • Up to $750,000 in fines
  • A maximum of 16 years in prison

Again, aggravating factors could increase the sentence in a first-degree kidnapping case.

Post-Incarceration Consequences of Kidnapping Convictions

Once you’ve served your sentence and paid your fines for a kidnapping conviction in Colorado, there are still some rights you could lose, including:

  • The Second Amendment right to own a firearm
  • The right to travel to another country
  • Access to some employment opportunities
  • Parental rights (in some cases)

While serving a prison sentence, people convicted of felonies are not permitted to vote in any elections. However, once released, voting rights are restored in Colorado, regardless of a felony record.

Don’t let one wrong decision impact your life, job or freedom.

Call today for a free case evaluation.

Contact a Colorado Springs Criminal Defense Lawyer Now

When you’re facing criminal charges of any kind, you need criminal law experts on your side to ensure you’re treated fairly and your rights aren’t infringed upon throughout the legal process.

Speak with a Colorado Springs Criminal Defense Attorney to discuss your legal options.

Colorado criminal procedure

  • Arrest or
    Summons
    01

    Arrest or
    Summons

    The process begins with either an arrest or a summons. The accused is either arrested or served with paperwork summoning them to appear in court. During an arrest, Miranda rights may or may not be read to you. Officers are only required to recite your rights if they intend to question you about potentially incriminating things.

  • Bond Hearing
    02

    Bond Hearing

    In most cases, you're entitled to have a reasonable bond set after you've been arrested. In situations involving domestic violence, the police will request input from the victim before setting a bond. Bonds are set to ensure that a person appears in court at their court dates. If they don’t show up, they forfeit the money that was paid for the bond.

  • Advisement of
    Charges
    03

    Advisement of
    Charges

    Whether you are arrested or given a summons to appear, the court must make sure you understand what crimes you are being accused of committing. This is called advisement of charges. The District Attorney will detail the specific charges against you, and the Judge has to make sure you understand what possible penalties are associated with that charge in the state.

  • Preliminary Hearing
    (for Higher Felony
    Charges)
    04

    Preliminary Hearing
    (for Higher Felony
    Charges)

    A preliminary hearing is a way for your defense attorney to challenge the District Attorney’s right to bring charges against you by making them prove that there is reason to believe you committed a crime. The Judge is not deciding your guilt or innocence, but rather whether or not there is probable cause to charge you with the crime in question.

  • Pretrial Conference /
    Disposition
    Hearing
    05

    Pretrial Conference /
    Disposition
    Hearing

    This court date comes after your attorney has reviewed all of the reports and evidence in your case. Here’s where your attorney will engage in plea negotiations with the DA. If they can reach an agreement on the case, you may be able to take a plea bargain. If they cannot reach a resolution, your case will be set for an arraignment or trial date.

  • Arraignment
    06

    Arraignment

    An arraignment is the final date for you to decide how you choose to plea. Guilty or not guilty. If you plead guilty, then the case is set for a sentencing date. If you plead not guilty, you and your attorney will then set the case for trial.

  • Motions Hearing
    07

    Motions Hearing

    A motion hearing is when an attorney makes a request that requires a decision from the judge. For example, motions to suppress evidence or statements. These motions can limit the information that goes before a jury if it benefits your case, and there are legal grounds for doing so.

  • Pretrial Readiness
    Conference
    08

    Pretrial Readiness
    Conference

    A pretrial readiness conference is held at some point before trial. It usually is held about a week to a month before the date trial is set to begin. This court date ensures everyone is ready to go to trial on the set date. It is also a time for lawyers to bring up any issues they may have to be addressed before the day of trial.

  • Jury Trial
    09

    Jury Trial

    After a jury is selected for trial, the District Attorney’s responsibility is to present the case to the jury. The DA must prove beyond a reasonable doubt that you are guilty of the crime. Otherwise, the jury must find you innocent. Your attorney will be able to cross-examine all of the witnesses, present evidence, and ultimately help you navigate this process.

  • Sentencing
    Date
    10

    Sentencing
    Date

    At sentencing, the Judge must decide the appropriate legal penalty for the crime you plead guilty. The Judge’s decision is based on the listed penalties for the specific charge, recommendations from the presentence investigation, your criminal history, as well as statements made at the sentencing by the District Attorney, your attorney, you, and any named victims of the crime.

What is the sentence for misdemeanors in Colorado?

  • Class 1

  • 6 to 18 months in county jail, and/or
  • $500 to $5,000 in fines
  • For extraordinary risk class 1 misdemeanors, the maximum jail sentence is 24 months.
  • For 3rd-degree assault (CRS 18-3-204), the maximum sentence can be 48 months if the victim was on duty as a:
    • Peace officer,
    • Emergency medical provider,
    • Firefighter, or
    • Mental health professional at the Department of Human Services.
  • Class 2

  • 3 to 12 months in county jail, and/or
  • $250 to $1,000 in fines

What are Colorado felony penalties?

  • Class 1

  • Life imprisonment
  • No Colorado crime carries the death penalty.
  • Class 2

  • 8 – 24 years in Colorado State Prison, and/or
  • $5,000 – $1,000,000
  • 5 years of mandatory parole if the offense is a crime of violence. Otherwise, 3 years of mandatory parole.
  • Class 3

  • 4-12 years in prison
  • Fines of up to $750,000 but not less than $3,000
  • 3 years of parole
  • Class 4

  • 2 – 6 years in prison, and/or
  • $2,000 – $500,000
  • 3 years of mandatory parole
  • For extraordinary risk class 4 felonies, the maximum sentence is 8 years in prison.
  • Class 5

  • 1 – 3 years in prison, and/or
  • $1,000 – $100,000
  • 2 years of mandatory parole
  • For extraordinary risk class 5 felonies, the maximum sentence is 4 years in prison.
  • Class 6

  • 1 – 18 months years in prison, and/or
  • $1,000 – $100,000
  • 1 year of mandatory parole
  • For extraordinary risk class 6 felonies, the maximum sentence is 2 years in prison.

CALL NOW IF YOU HAVE BEEN ARRESTED

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Ask A Criminal Defense Attorney

At Right Law Group, we understand the stress you are under. Our Criminal Defense Law Firm is here to guide you down the right path to your legal challenge. Whether you are facing your first DUI, a drug charge, need a restraining order, or are facing another type of criminal charge, our firm is committed to your well-being and protecting your rights the right way.

What constitutes parental kidnapping in Colorado?

Some kidnapping cases in Colorado are classified as “parental kidnapping” or “custodial interference.”

In these cases, the non-custodial parent allegedly takes the child without the consent or knowledge of the custodial parent. The offender often has no legal parental or visitation rights at the time.

Penalties for parental kidnapping include up to $2,000 in fines and between two and six years in prison.

While the penalties for parental kidnapping are less severe than first or second-degree kidnapping, the charges are still Class 4 or 5 felonies, depending on the case.

What aggravating factors increase the penalties for kidnapping in CO?

When additional factors are present in a kidnapping case, the charges and penalties can be increased above the standard sentences for kidnapping convictions.

Aggravating factors include:

  • The accused possessed or used a deadly weapon during the act
  • The accused robbed the kidnapped victim during the act
  • The victim died or was harmed during or because of the kidnapping
  • In the case of parental abduction, the non-custodial parent took the child out of the country

These factors elevate the crime to a higher-level felony, which is why penalties will be heavier.

How does false imprisonment differ from kidnapping?

While some may use the terms interchangeably, these two charges are assigned to totally different crimes. The significant difference between kidnapping and false imprisonment is that, while both involve illegally detaining another person, kidnapping involves transporting the victim from one place to another.

False imprisonment is a Class 2 misdemeanor in Colorado and carries penalties of up to $1,000 in fines and a maximum of one year in prison.

Convictions of false imprisonment typically carry lesser penalties than kidnapping, provided no aggravating factors exist in the ordeal.

Factors that could increase the sentence include whether the defendant used force or threats to detain their victim and whether the victim was held against their will for more than 12 hours.

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Colorado Springs Identity Theft Lawyer Near You

When you’re charged with identity theft in Colorado, you need a lawyer who is familiar with the laws and knows how the court system works. Criminal defense attorneys work with you to help you establish a strong defense. Even if you believe that a conviction is inevitable, a Colorado Springs criminal defense lawyer can help you fight for a lesser charge, a reduced sentence, or another more favorable outcome. Contact us right away for a free case consultation.