Kidnapping, False Imprisonment, and Violation of a Custody Order Charges.
Kidnapping can be charged several different ways in Colorado, either as First Degree Kidnapping or as Second Degree Kidnapping, with each having varying levels of severity depending upon the circumstances.
The most basic type of Second Degree Kidnapping involves a situation where one person is "seized and carried" another person without "consent" or "lawful jurisdiction." Under the law, "seizing and carrying" can be as simple as picking someone up and carrying them less than 10 yards. Normally Second Degree Kidnapping is a class four felony sentencing range. However, it is elevated to a class two felony if the person kidnapped is a victim of a sexual offense or is a victim of a robbery. Second Degree Kidnapping can also be aggravated to a class three felony in certain circumstances, like if the kidnapping is accomplished by the use of a deadly weapon or any article used in a fashion to make a person believe it is a deadly weapon.
First Degree Kidnapping is typically a class one felony and involves one person, "with the intent thereby to force" any person to make any "concession" or give up something "of value" in order to secure a release of a person under the actor's "actual or apparent control" while forcibly seizing and carrying a person from one place to another or enticing a person from one place to another.
False Imprisonment is typically a class two misdemeanor and involves "confining" or "detaining" another without the other person's consent or proper legal authority.
False imprisonment is elevated to a class five felony if the actor uses force or threat of force to confine or detain, or, the actor confines the other person for twelve hours or longer. It can also be charged as a class five felony if the person confined is less than eighteen years of age and is locked or barricaded room under circumstances that cause bodily injury or serious emotional distress and such confinement was part of a "continued pattern" of "cruel punishment or "unreasonable isolation."
Violation of a Custody Order
Violation of a Custody Order involves a situation where one person is alleged to have taken custody of a child (someone under 18), knowing that they have no privilege to do so. Violation of a Custody Order is a class five felony but is aggravated to a class four felony if the child is removed from the country.
A possible defense to Violation of a Custody Order is when the actor believed that their conduct was "necessary to preserve the child from danger to his welfare, or that the child." It is also an affirmative defense if the child was older than fourteen and was taken away "at his own instigation without enticement and without purpose to commit a criminal offense with or against the child."
You Will Need an Experienced Criminal Defense Attorney.
Kidnapping and False Imprisonment are very serious crimes that have the potential to carry very serious consequences.. If you are a parent and are accused of Violation of a Custody Order, you could be looking at drastic consequences with regard to your relationship with your children. Do not go into the fight without an experienced advocate. Choosing an experienced lawyer is the best decision you can make early on in your case. If you are facing Violation of a Custody Order, Kidnapping charges or False Imprisonment charges in Longmont, Lyons, Frederick, Mead, Berthoud, Firestone, Erie, Niwot, or Dacono. Contact The Merson Law Office for a free consultation at 970-219-2923 or 303-776-3511. Or fill out an intake form here.
Merson Law Office, LLC 636 Coffman, Suite 200 Longmont, Colorado 80501 firstname.lastname@example.org (970) 219-2923 or (303) 776-3511 Hours: 9:00 am - 5:00 pm
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