Colorado Kidnapping and False Imprisonment Attorney in Denver, Colorado
Kidnapping is a person who knowingly seizes or carries a person from one place to another without their consent. There may or may not be brutal physical force. There may or may not be a ransom and there may or may not be a deadly weapon.
Philip M. Smith • Lawyer • Denver, Colorado
Colorado Kidnapping and False Imprisonment
Free Consultations • Call (303) 333-8900 • Email
First Degree Kidnapping is the act of a person intentionally forcibly seizing, enticing, carrying from one place to another or hiding and persuading a victim or any other person to make a concession or give up anything of value to gain the release of the victim.
Example of Kidnapping: A person ties up another, drives them to an isolated area and forces her to call her family demanding they pay a ransom before she is released. This is a Class 2 Felony.
Example of Kidnapping: A person ties up another, drives them to an isolated area, beats her up and forces her to call her family demanding they pay a ransom before she is released. This is a Class 1 Felony because of the bodily injury. No person convicted of 1st Degree Kidnapping shall suffer the Death Penalty if the victim is released alive prior to conviction.
Second Degree Kidnapping is the act of a person who knowingly seizes and carries any person from one place to another without their consent and without lawful justification or any person who takes, entices, or decoys any child not his own under 18 years of age with the intent to keep or hide the child from his parent.
Philip M. Smith has over 35 years of legal experience
as a private attorney,
former judge and district attorney
practicing in all areas of criminal defense law.
Example of Kidnapping: In a domestic violence incident, one partner pulls the other from one room to the other against their will and has no means of escape. This is a Class 4 Felony but if a deadly weapon is used or the partner represents being armed to accomplish the kidnapping, it becomes a Class 3 Felony.
Example of Kidnapping: In a domestic violence incident, the kidnapped partner is also a victim of sexual assault or robbery. This is a Class 2 Felony and will likely include additional criminal charges for sexual assault and robbery.
Example of Kidnapping: A young student is walking home from school. A step parent entices the child into the car. The step parent hides the child in the back seat. The young child does not come home. An Amber Alert is activated. This is a Class 4 Felony.
False Imprisonment is any person who knowingly confines or detains another without their consent or legal authority with the intent to force the victim or other person to make a concession or forfeit anything of value.
Example of Kidnapping: A woman is having dinner with her friends. Her jealous boyfriend goes into the restaurant, grabs her arm and forces her into his car. He drops her off a few blocks later unharmed. This carries a sentence of a Class 2 Misdemeanor and up to 12 months jail.
Example of Kidnapping: This same woman is forcibly confined for more than twelve hours. This is a Class 5 Felony.
How I can help YOU?
Make no statements and DO NOT make a confession expecting any leniency. Not all acts of alleged Kidnapping or False Imprisonment are perceived accurately. When under stress, at times of crises, and in desperate situations during this economy, people will do things that are out of character. “Victims” are eager to give their account to law enforcement and the prosecutor. If you are interrogated by law enforcement, tell them you want to talk to your lawyer right away. As your attorney, I will contact law enforcement in your behalf and begin negotiations with the district attorney immediately. With knowledgeable, prepared legal counsel to spot the weaknesses in your case and to challenge the evidence against you, you have a better chance of beating these charges.
Primary questions that I will investigate are :
- Did you actually imprison this individual in an effort to protect them from harm?
- Did you imprison this person to protect yourself or another in self defense?
- Did you feel threatened or forced ?
- Did the person consent to the “restraint’ or forceful persuasion?
- Were you falsely accused of kidnapping?
- Did you attempt to protect someone from inflicting harm to themselves?
It is extremely important to fully explore the facts and consequences before pleading guilty or going to a Colorado trial on such a serious charge. I will investigate the credibility of the victims or witnesses and explore the potential exaggeration of the incident. I analyze my client’s situation and create an individualized defense strategy to achieve the most favorable disposition in the case. I negotiate with the prosecutor to gain the best possible resolution to your criminal case. I will seek the most desirable disposition options such as a dismissal, obtaining a Deferred Judgment or possibly the Diversion program which are eligible for Sealing upon completion of the terms of probation.
Questions?
Call my office today for a free confidential consultation
Denver Colorado Attorney Philip M. Smith
303-333-8900
I have successfully handled thousands of criminal cases in my law career including Kidnapping and False Imprisonment. I strive to provide the highest quality legal representation to my clients. I represent people charged with misdemeanor or felony charges for the first time offender or repeat offenders. As your criminal defense lawyer, I will provide you with professional, aggressive and effective defense from beginning to end in your crime against persons criminal charge.
Consequences
A Kidnapping, False Imprisonment or offense against a person conviction is not eligible for Sealing. It is important to fully explore the facts and law before taking a guilty plea. Kidnapping is frequently a municipal ordinance violation with a maximum of 1 year in jail and a $1000 fine. However, kidnapping and false imprisonment charges occur in county or district courts and those charges carry a hefty jail or prison term.
An arrest, charges and possible conviction information will be available to law enforcement, military, government agencies and the public. Landlords and employers will not risk their property or the property of their tenants and employees by renting or hiring a person who they see as a threat because of your charge or conviction.
Contact My Law Office
If you need a criminal defense lawyer for your Colorado Kidnapping criminal charge, or if you have questions about criminal charges, I encourage you to contact me, Denver Attorney Philip M. Smith, Denver Criminal Defense Lawyer, 303-333-8900 today for a free and confidential initial consultation.
