Colorado Springs Felony Kidnapping Defense Lawyer
Kidnapping is a felony in the state of Colorado and carries with it severe penalties that can be life-altering. It is natural to be upset, stressed, and afraid if you are facing charges of kidnapping, especially when related to domestic violence or sexual assault.
At Anaya McKedy P.C., we understand just how stressful and upsetting these situations are and how confusing it can be for the accused to navigate the legal system. A kidnapping defense attorney from our office can craft a defense against these charges. It’s important to contact a criminal attorney for any charges related to kidnapping, violent crimes, sexual assault, or domestic violence so that we can start building the strongest case possible.
What is First-Degree Kidnapping?
First-degree kidnapping is defined as an individual seizing another with force or moving them from one place to another. This also includes using enticement to get the victim to move from one location to another. It applies to situations involving imprisonment or hiding the victim, with the intention of getting another individual to take an action or give up something of value to retrieve the victim of the kidnapping.
If the victim of the kidnapping is injured during this process, the first-degree kidnapping charge becomes a Class 1 felony. If they are unharmed when released, the crime becomes a Class 2 felony. If the kidnapping victim dies, the convicted kidnapper may face the death penalty, according to Colorado state law.
What is Second-Degree Kidnapping?
Either of the following situations can lead to charges of second-degree kidnapping:
- Carrying or seizing another person and taking them from one place to another, without the consent of that person or any legal justification for doing so
- Enticing or taking a child that isn’t one’s own, with the intention of making a deal with the child’s guardians or parents in order to release the child back into their care
Second-degree kidnapping is, at a minimum, a Class 4 felony. However, circumstances surrounding the case can lead to more serious charges. For example, if the kidnapper’s purpose was to barter, trade, or sell the victim for something of value, it may be a Class 3 felony. The crime can also be labeled a Class 3 felony if a deadly weapon was involved with the kidnapping.
Second-degree kidnapping can become a Class 2 felony if the victim of the kidnapping is robbed or suffers sexual assault during the commission of the crime.
A related crime, enticement of a child, refers to an individual luring or enticing a person under the age of 15 years old to any place with the intention of committing sexual assault or engaging in illegal sexual conduct with the minor. This is a Class 4 felony but can be increased to a Class 3 if the convicted has a record of sexual assault against children or if the enticed child is injured.
Violation of Custody Order
Another crime which falls under the kidnapping statute is violation of custody orders or other orders which define parental responsibilities. This may include any person, including the child’s parent, removing the child from the custody of those who are their legal guardians. The kidnapper must be aware that they have no right to take this action or doesn’t confirm that they have the right to do so. Generally speaking, a violation of a custody order is a Class 5 felony but can be increased to a Class 4 felony if certain requirements are met. For example, taking the child outside of the United States initiates a Class 4 charge.
In all cases, kidnapping charges carry with them penalties that can be quite severe and life-altering. The specific circumstances of the case can have a significant impact on whether or not the accused is convicted and what penalties they will face if they are found guilty.
It is essential to contact us at Anaya McKedy P.C. immediately for a free consultation with a kidnapping defense attorney. The sooner we are able to begin researching and building your case, the stronger it will be. With quick preparation, you will increase your chances of getting the best possible outcome for your case