Colorado law details two types of kidnapping, first and second degree.
First-degree kidnapping is the same as second-degree kidnapping outlined above with the added element that the person has:
Done any of the following with the intent to force the victim or any other person to make a concession or give up something of value in order to secure a release of the kidnapped victim:
- Seized and carried the victim from one place to another;
- Enticed or persuaded the victim to go from one place to another; or
- Imprisoned or forcibly kept the victim in one place.
Second-degree kidnapping is enumerated by Colorado Revised Statute 18-3-302 which provides that a person can be charged with kidnapping when a prosecutor has probable cause to believe they have:
- Knowingly seized and carried another person from one place to another without their consent or lawful justification or
- Taking, enticing, or luring a child away with the intent to keep or conceal them from their parents or guardians or having the intent to sell, trade, or barter the child.
Contact a Colorado criminal defense lawyer representing clients in Denver, CO today to schedule your initial consultation.
Essentially, the difference between first and second-degree kidnapping is that first-degree kidnapping requires the intent to obtain a ransom.
Penalties for Kidnapping in Colorado
The penalties for kidnapping depend on the circumstances of your case. It is considered an “extraordinary risk,” which can elevate the sentence beyond that which would otherwise be applied for that offense level.
Kidnapping can also be considered a “crime of violence” if:
• You possessed or threatened to use a deadly weapon; or
• Caused serious bodily injury or death to the victim or anyone else
Penalties for First-Degree Kidnapping
The penalties for first-degree kidnapping depend on the state of the victim. If the victim was physically unharmed, then the crime will be a class 2 felony which is punishable by:
• Up to 24 years in prison; and
• A fine of up to $1,000,000
However, if you used or possessed a deadly weapon, then the maximum prison sentence is:
• Up to 48 years in prison; and
• A fine of up to $1,000,000
If the victim is injured or dies because of the kidnapping, then the crime is a class 1 felony. The maximum for a class 1 felony is life in prison.
Penalties for Second-Degree Kidnapping
Second-degree kidnapping is a class 4 felony, which can result in:
• Up to 8 years in prison; and
• A fine of up to $500,000
The penalties can be enhanced if the kidnapping was done for the purpose of selling, trading, or bartering the victim for something of value. When this happens, second-degree kidnapping is a class 3 felony, which is punishable by:
• Up to 16 years in prison; and
• A fine of up to $750,000
Alternatively,
• Up to 32 years in prison if a deadly weapon was possessed or used; and
• A fine of up to $750,000
Robbing the victim will elevate the punishment of your kidnapping to:
• Up to 24 years in prison; and
• A fine of up to $1,000,000
And--
• Up to 48 years in prison if a deadly weapon was possessed or used; and
• A fine of up to $1,000,000
If you would like to schedule an initial consultation, contact a Colorado criminal defense attorney, we represent clients in Denver, Colorado, and the surrounding area. The Savela Law Firm, P.C. Give us a call at (720) 821-1001 or complete our inquiry form.
If you have been charged with kidnapping a skilled Denver kidnapping defense attorney is essential. Get in touch with experienced Denver kidnapping defense attorney Jason Savela by calling (720) 821-1001.
