In Colorado, a kidnapping occurs when an individual imprisons another person against their will or by unlawful persuasion. Unfortunately, not many individuals are aware that kidnapping is taken very seriously by the court system until they hear their charges. The crime is classified as a felony, which is punishable by steep fines and several years of imprisonment.
Having a criminal record can affect many areas of your life including the ability to obtain employment, loans, and professional licenses. Avoid the obstacles you may encounter in the future by seeking a skilled criminal defense attorney today. This is where Law Office of Matthew A. Martin, P.C. steps in.
Denver Kidnapping Attorney
If you or someone you know has been accused of kidnapping, we urge you to obtain legal representation as soon as possible. The state of Colorado has strict laws for those who commit violent crimes and a conviction could mean years in prison and expensive fines. Matthew A. Martin at Law Office of Matthew A. Martin, P.C. is an experienced criminal defense lawyer who can use his 28 years of experience in criminal defense to defend you.
Time is of the essence. Don’t run the risk of putting your future in jeopardy. Contact defense attorney Matthew Martin at Law Office of Matthew A. Martin, P.C. today by calling (303) 725-0017. He can discuss all of your legal concerns through a free, initial consultation.
Law Office of Matthew A. Martin, P.C. represents individuals all throughout Denver, CO and surrounding counties such as Broomfield County, Boulder County, Arapahoe County, Douglas County, Adams County, and Jefferson County.
- First Degree Kidnapping in Colorado
- Second Degree Kidnapping in Colorado
- Statute of Limitations
- Defenses for Kidnapping
- Additional Resources for Kidnapping in Colorado
First Degree Kidnapping in Colorado
In Colorado, violent crimes such as kidnapping are aggressively prosecuted. The state classifies the charge into two categories: first-degree kidnapping and second-degree kidnapping.
As defined under Colorado Revised Statutes 18-3-301, an individual can be charged with a first-degree kidnapping charge if he or she commits any of the following acts:
- Seizes with force and carries a person from one place to another; or
- Entices or persuades a person to travel from one place to another; or
- Imprisons or forcibly secretes a person
First degree kidnapping is considered a class 1 felony if the victim suffered bodily injury. If the victim was liberated unharmed during the commission of the crime, then the defendant is guilty of a class 2 felony. However, a person convicted of first-degree kidnapping will not be given a death penalty if the person kidnapped was liberated alive prior to the conviction of the kidnapper.
A class 1 felony in Colorado is the highest felony classification under Colorado law, punishable by life in prison. Class 2 felonies are punishable by 8 to 24 years in prison and between $5,000 to $1 million in fines.
Second Degree Kidnapping in Colorado
Second degree kidnapping is listed under Colorado Revised Statutes § 18-3-302. The section establishes that an individual commits second degree kidnapping when he or she knowingly seizes and carries any person from one place to another, without their consent and without lawful justification. The crime can also be committed when a person takes or entices another individual’s child who is under eighteen years of age. For the court to assign a conviction to the defendant, the offense must be committed with an intention to conceal the child from his parent or guardian or with an intention to sell, trade, or barter the minor.
Second-degree kidnapping is a class 4 felony if any of these scenarios apply. However, the crime can be bumped up to a class 3 felony if the kidnapper utilizes a deadly weapon or the act is accompanied with intent to sell, trade, or barter the victim. Second degree kidnapping is classified as a class 2 felony if the person kidnapped is a victim of robbery or sexual offense during the kidnapping.
Statute Of Limitations
A statute of limitation refers to the time frame a prosecuting attorney can charge someone with a crime. Usually, the time period starts when the offense allegedly occurred. For many crimes, prosecutors lose the opportunity to charge someone with a crime after a certain amount of time has passed. In Colorado, there is no statute of limitation for any kidnapping crime. This means a person can be accused and charged with the crime many years after the alleged event occurred.
Defenses for Kidnapping
Those accused of kidnapping may have defenses available to them. Many defenses do not necessarily require proof that the prosecution’s case is completely wrong. Instead, some defenses justify why events played out the way they did. Defenses include:
- Consent – the alleged victim consented to be moved;
- Mistaken identity – the kidnapping may have occurred, but the defendant is the wrong person;
- Necessity/Safety – moving the alleged victim was necessary for safety; and
- Legal authority – the defendant had the authority to move the alleged victim.
To win any kidnapping charge, prosecutors must prove all elements of a particular charge. In addition to the above defenses, a skilled criminal defense attorney can identify elements that the prosecutor cannot adequately prove. For example, it is possible to prove that a defendant did not actually move an alleged victim or did not intend to sell or trade the alleged victim for something of value.
Colorado Violent Crime Statistics – Follow the link to visit the official website for the Colorado Department of Public Safety. On the site, you can view yearly statistics for violent crimes such as arrestees of violent crimes and victims of violent crimes by age, sex and race.
Colorado Revised Statutes: Second Degree Kidnapping – Visit the official website for the Colorado Revised Statutes to read their laws for second degree kidnapping. Access the site to learn what elements constitute the crime, penalties associated with the offense, and other valuable information.
Colorado Revised Statutes: First Degree Kidnapping – Visit the official website for the Colorado Revised Statutes to read their laws for second degree kidnapping. Click the link to learn what elements constitute the crime and how the state of Colorado penalizes the offense.
Colorado Kidnapping Defense Lawyer | Denver, CO
If you have been charged with kidnapping, you don’t have to go through it alone. Criminal defense attorney Matthew A. Martin has a proven track record of success defending individuals accused of domestic violence, theft, white collar crimes, and DUI, just to name a few. He can utilize his knowledge and experience to build a strong defense for your case.
To speak with Colorado kidnapping defense lawyer Matthew A. Martin, call (303) 725-0017. You can set up your first consultation for free. Law Office of Matthew A. Martin, P.C. has offices in Denver, CO, but accepts clients throughout the greater Denver area including Boulder, Louisville, Lafayette, Lyons, Lakewood, Golden, Evergreen, Morrison, Englewood, and Centennial.