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Colorado Springs Kidnapping Charges Defense Attorney

In Colorado, kidnapping is when you imprison another person and move them through force or unlawful persuasion. The penalties associated with kidnapping are severe. If convicted, you could be charged with a felony. You could face expensive fines and even possible prison time.

Kidnapping is a serious charge, so it’s highly recommended you don’t enter the courtroom alone. If you or someone you know has been charged with kidnapping, it’s imperative you seek legal representation. An attorney can evaluate your case and chart out a defense plan for you.

Kidnapping Attorney in Colorado Springs, CO

A kidnapping conviction could limit you personally and professionally. Employers and licensing agencies tend to not accept people with a violent criminal record. You may even have issues obtaining housing or maintaining personal relationships because of your conviction.

Don’t surrender your freedom without a fight. Call the attorneys at Black, Blink, & Associates, LLC today. Our team of defense lawyers will utilize all our time and resources to formulate a strong defense plan. Contact us by phone at 719-694-0578to schedule a consultation. Black, Blink, & Associates, LLC accepts clients throughout El Paso County and surrounding counties including Denver County and Arapahoe County.

How is False Imprisonment Different from Kidnapping?

It’s common to hear the terms kidnapping and false imprisonment being used interchangeably. However, false imprisonment is a completely different crime than kidnapping with lighter penalties. Both crimes involve forcibly securing the victim without their consent, but for the crime to be a kidnapping the victim must have been moved from one place to another and that movement must create an additional risk of harm to the victim.

False imprisonment is normally a class 2 misdemeanor, which is punishable by up to 120 days of jail and a fine of up to $1,000. The crime can be enhanced to a class 5 felony if:

  • Force or threats were used to detain the victim; and
  • The victim was detained for at least 12 hours; or
  • The person confines or detains another person less than eighteen years of age in a locked or barricaded room under circumstances that cause bodily injury or serious emotional distress; and
  • Such confinement or detention was part of a continued pattern of cruel punishment or unreasonable isolation or confinement of the child; or
  •  The person confines or detains another person less than eighteen years of age by means of tying, caging, chaining, or otherwise using similar physical restraints to restrict that person’s freedom of movement under circumstances that cause bodily injury or serious emotional distress.
  • The penalties for a class 5 felony are
    • 1 to 3 years of prison
    • 1 year mandatory parole
    • Up to a $1000 fine

What’s the Difference Between First and Second-Degree Kidnapping in CO?

Colorado classifies kidnapping offenses by two degrees; first and second-degree kidnapping. The definition for second-degree kidnapping can be found under Title 18 Article 3 Part 3 of the Colorado Revised Statues (18-3-302 C.R.S.), which states that:

  • Knowingly seizing and carrying another person from one place to another without their consent or lawful justification is guilty of second-degree kidnapping; OR
  • Taking, enticing or luring a child away with the intent to keep or conceal them from their parents or guardians or has the intent to sell, trade or barter the child is guilty of second-degree kidnapping

First-degree kidnapping falls under the same guidelines with these additional elements:

  • Doing 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 is guilty of first-degree kidnapping:
    • Seizing and carrying the victim from one place to another;
    • Enticing or persuading the victim to go from one place to another; or
    • Imprisoning or forcibly keeping the victim in one place

Essentially, the major difference between first and second-degree kidnapping is that first-degree kidnapping requires the intent to secure a ransom or other type of concession. However, both crimes are treated seriously and charged as felonies in the state of Colorado.

Penalties for Kidnapping in Colorado

The penalties for kidnapping depend on the circumstances of your case. It’s considered an “extraordinary risk,” which means the crime represents a substantial risk of harm to society. Because of this, the maximum sentence for kidnapping is longer than standard felonies.

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 Second-Degree Kidnapping

Second-degree kidnapping is a class 4 felony without aggravating factors, which can result in:

  • 2 to 8 years in prison; and
  • A fine of up to $500,000
  • Kidnapping in the second degree is a class 3 felony if:
    • The kidnapping is accomplished with intent to sell, trade, or barter the victim for consideration; or
    • The kidnapping is accomplished by the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or
    • The kidnapping is accomplished by the perpetrator representing verbally or otherwise that he or she is armed with a deadly weapon
  • If convicted of class 3 felony kidnapping, the sentencing will follow crime of violence sentencing enhancers and punishable by:
    • 10 to 32 years of mandatory prison
    • 5 years mandatory parole
    • A fine up to $750,000
  • Kidnapping in the second degree can also be a class 2 felony if:
    •  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
    • The person kidnapped is a victim of a sexual offense
    • The person kidnapped is a victim of a robbery
  • A class 2 felony is punishable by:
    • 8 to 24 years of prison
    • 3 years of mandatory parole or 5 years of mandatory parole if a crime of violence
    • A fine up to $1,000,000
  • Penalties for First-Degree Kidnapping
  •  Any person who does any of the following acts with the intent thereby to force the victim or any other person to make any concession or give up anything of value in order to secure a release of a person under the offender’s actual or apparent control commits first degree kidnapping:
    •  Forcibly seizes and carries any person from one place to another; or
    • Entices or persuades any person to go from one place to another; or
    •  Imprisons or forcibly secretes any person.
  • The penalties for first degree kidnapping depend on if the victim suffered bodily injury before their liberation. If bodily injury occurred, first degree kidnapping is a class 1 felony, if no injury occurred then it is a class 2 felony
  • A class 2 felony is punishable by:
    • 8 to 24 years of prison
    • 3 years of mandatory parole or 5 years of mandatory parole if a crime of violence
    • A fine up to $1,000,000
  • A class 1 felony is punishable by: 
    • Life in prison without parole

Additional Resources

Child Abduction Resources – Visit the official website of the Office of Juvenile Justice and Delinquency Prevention (OJJDP) to access their resources for victims and families. Find more information about international child abduction, tips for what to do and publications by experts and survivors.

Kidnapping Laws in Colorado – Visit the official website of the Colorado Revised Statues to learn their laws on kidnapping. Access the statutes to read the charge specifics, penalties and other assaultive offenses under Colorado law.

Defense Lawyer for Kidnapping in El Paso County, CO

If you or someone you know has been charged with kidnapping, it’s crucial you seek legal counsel. You could face felony charges which includes the possibility of prison. Start you defense by calling our legal team at Black, Blink, & Associates LLC.

The attorneys at Black, Blink, & Associates, LLC excel at criminal defense. We have represented numerous clients charged with assaultive offenses such as kidnapping or false imprisonment. Call 719-694-0578 now to discuss your case with a strategic defense lawyer. Black, Blink, & Associates LLC accepts clients throughout the greater Colorado Springs area including Manitou Springs, Calhan and Fountain.