What is the difference between first and second degree kidnapping

Popular forms. For Consumer Information Legal Forms. Services Attorney Assistance. Attorneys Do you Care to Help People? Can you gain their trust? Access the statutes to read the charge specifics, penalties and other assaultive offenses under Colorado law. You could face felony charges which includes the possibility of prison.

We have represented numerous clients charged with assaultive offenses such as kidnapping or false imprisonment. Call now to discuss your case with a strategic defense lawyer. Home » Practice Areas » Criminal Defense » Violent Crimes » Kidnapping In Colorado, kidnapping is when you imprison another person and move them through force or unlawful persuasion. Back to top Penalties for Kidnapping in Colorado The penalties for kidnapping depend on the circumstances of your case.

Back to top. Law Offices of Clifton Black, P. Select basic ads. Create a personalised ads profile. Select personalised ads. Apply market research to generate audience insights. Measure content performance. Develop and improve products. List of Partners vendors. Share Flipboard Email. Government U. Foreign Policy U. Liberal Politics U. Table of Contents Expand. Elements of Kidnapping. Parental Kidnapping. Degrees of Kidnapping. Federal Kidnapping Charges. Kidnapping Statute of Limitations.

Charles Montaldo. Lack of consent does not always mean that the defendant must remove a victim kicking and screaming. If a defendant induces a victim to be moved based on fraud or trickery, this can constitute lack of consent. Restraint There are certain felonies which have a certain amount of restraint of the victim inherent in them, such as forcible rape and armed robbery.

The North Carolina Supreme Court has held that the restraint inherent in such felonies does not also permit a defendant to be convicted of kidnapping. So if a person holds up a convenient store and in the process thereof, he moves a person from the counter of the store to the back office, this movement does not constitute a kidnapping. However, if the restraint is a separate act from the underlying felony, a kidnapping conviction can be upheld. North Carolina courts have attempted to distinguish cases of restraint.

Some factors that they look at in determining whether the restraint involved was sufficient to uphold a kidnapping conviction are:. Serious Bodily Harm If a defendant has caused serious injury to a victim, this can elevate the charge to first degree kidnapping.