Colorado Springs Kidnapping Attorneys
Kidnapping
Kidnapping is a serious crime that involves abducting an individual against his or her will, usually by employing force of some degree. The term false imprisonment in relation to kidnapping describes any individual that is confined without the legal right to do so. The circumstances of kidnapping crimes vary greatly, but the consequences for the perpetrator are always severe. In cases when the victim is physically restrained, a sex crime is involved, or if the victim is harmed in any way, the charges are the most serious.
Circumstances of Kidnapping
An individual may be kidnapped by a stranger, a friend, an acquaintance, or even a family member. Familial kidnapping cases can include one family member taking custody of another member (usually a child) without gaining consent from the member's guardian by law.
Kidnapping may also include what's known as ransom, in which an individual is held hostage in exchange for some sort of payment or fee to the kidnapper. In these cases, the victim's safety is contingent on receiving the requested ransom.
Kidnapping Law and Punishment
The Federal laws against kidnapping are found in Title 18 U.S.C. sec. 1201, while state statutes are located at C.R.S. 18-3-301 - C.R.S. 18-3-306. As stated, the penalties vary depending on the circumstances, but under federal and state laws the sentence typically involves several years to life in prison.
For the federal law, in situations where any victim is killed as a result of kidnapping, then the sentence is life without a potential for parole, or in some cases the death penalty. If two or more individuals collaborate together to kidnap a victim, even if there is only one person deemed responsible for the physical act of kidnapping, every individual involved will be subject to the punishment and sentences. In cases where the victim is under 18 years of age, and the kidnapper is not a family member or legal guardian of the kidnapped, the charges will not be less than 20 years.
For Colorado state laws, the punishment for kidnapping is divided into six different classifications: first degree (C.R.S. 18-3-301) through sixth degree (C.R.S. 18-3-306). The charges and penalty depend on the class of felony, ranging from one to six, as well.
Factors that will influence kidnapping charges:
- The victim was released physically unharmed.
- The victim was injured or physically assaulted.
- The victim was sexually assaulted.
- The victim was a minor.
- The act involved dangerous weapons of any kind.
- The act transpired across multiple state lines.
- The kidnapping involved ransom.
- The person kidnapped was seized during a robbery or theft.
- The act resulted in fatalities.
Criminal kidnapping charges are extremely severe and complex on both federal and state levels. In order to protect a defendant's rights and ensure the facts of the case are examined and represented correctly, it's crucial for those facing kidnapping charges to seek experienced legal counsel. For individuals facing kidnapping charges in Colorado, the Colorado Springs kidnapping defense attorneys with The Bussey Law Firm, P.C. can provide the experience and guidance necessary. Call 719-475-2555 for a complimentary consultation with a felony defense attorney in Colorado Springs.
Colorado Springs DUI lawyer Timothy Bussey at The Bussey Law Firm, P.C. in Colorado represents clients in Colorado Springs and throughout El Paso County, including the cities of Fountain, Manitou Springs, and Monument.
The Bussey Law Firm, P.C.
12 E. Boulder Street
Colorado Springs, CO 80903
Phone: (719) 475-2555
Fax: (719) 475-0046