Kidnapping is an extremely serious offense that requires a hard-hitting and effective criminal defense to fight back against. According to Colorado law, kidnapping involves knowingly taking and moving someone from one place to another against their will. Colorado law states that the amount of distance that someone must be moved for the crime to be charged is extremely small—as little as moving someone from the outside of a car to the inside in some cases.
Kidnapping is broken down into two distinct classifications: first degree and second degree. Second degree kidnapping is the less-serious of the two types of kidnapping, is essentially charged when you kidnap someone by legal definition, but don’t require anything in order to release the victim later. First degree kidnapping is more along the lines of what most people think a kidnapping crime is: seizing someone and holding them hostage until another party gives up something of value for their release.
Effectively fighting back can be tricky, but fortunately there are a few accepted legal defenses you and your attorney may be able to use to combat your charges. Let’s take a closer look at them here.
The Victim Gave Consent
Kidnapping law states that someone must be taken and moved against their will in order for the crime to be charged. That means if the alleged victim actually gave the accused consent to take them somewhere, then no kidnapping crime actually occurred. Proving this was not against the victim’s will can be tricky, but successfully doing so can result in your charges being dropped since no crime was committed.
The Kidnapping Was a Mistake
Believe it or not, sometimes criminal charges occur because of an honest mistake. This is actually somewhat common in split families where one parent doesn’t understand or fully realize how the custody arrangements they’re under work. In these instances, you may be able to have your charges dropped if you demonstrate you didn’t willfully withhold or kidnap your child.
You Were Under Duress or Coercion
It’s also not unheard of for someone under threat of blackmail or violence by another individual to engage in criminal activity of their own, including kidnapping. If you were threatened with death or serious bodily injury, or unlawful force was used to coerce you to commit a kidnapping crime, then you can use this as a viable defense to your charges.Do you need help with kidnapping charges, call the Law Offices of David L. Owen, Jr., P.C. today! Dial (303) 622-3281 for a case evaluation.