Domestic Violence: Kidnapping and False Imprisonment in Colorado Springs

Most kidnapping and false imprisonment cases don’t involve strangers. Instead, they often arise from domestic disputes between spouses or intimate partners. Because of this, they are often included in the category of domestic violence and get filed with the domestic violence sentencing enhancer.

Regardless of which crime you are charged with, these are serious matters, and you need a skilled and experienced criminal defense attorney to represent you.

Overview of an Alleged Kidnapping of a Spouse or Intimate Partner

These charges often arise from a couple of different scenarios. One such scenario is where an intimate partner moves the other partner against their will and without legal justification by pulling or pushing them from one room to another.

Another typical scenario involves forcing an intimate partner from outside the home back inside in hopes of avoiding unwanted attention from neighbors or passers-by to the couple’s argument.
Regardless of the scenario, any instance of forcibly moving another person can result in kidnapping charges in the State of Colorado.

The Two Types of Kidnapping Crimes in Colorado

In Colorado, kidnapping is categorized into two classes, both of which are extremely serious crimes:

• First-Degree Kidnapping: This is the most severe form and, under certain circumstances, can result in a lifelong prison sentence.
  • C.R.S. 18-3-301 – First-degree kidnapping is defined by Colorado law as:Any person who does any of the following acts with the intent thereby to force the victim or any other person to make any concession or give up anything of value in order to secure a release of a person under the offender’s actual or apparent control commits first degree kidnapping:a) Forcibly seizes and carries any person from one place to another; or
    b) Entices or persuades any person to go from one place to another; or
    c) Imprisons or forcibly secretes any person.
• Second-Degree Kidnapping: Although slightly less severe, second-degree kidnapping is still a very serious offense. It’s classified as a class 4 felony in Colorado and can result in a prison sentence of two to six years.
  • C.R.S. 18-3-302 – Second-degree kidnapping is defined by Colorado law as:▪ (1) Any person who knowingly seizes and carries any person from one place to another, without his consent and without lawful justification, commits second-degree kidnapping.

What Is False Imprisonment And How Is It Different From Kidnapping?

The key difference between kidnapping and false imprisonment is the element of movement. Kidnapping involves moving another person without their consent or legal justification, while false imprisonment involves forcibly restraining someone and preventing them from leaving.

• C.R.S. 18-3-303 – False imprisonment is defined by Colorado law as:
  • Any person who knowingly confines or detains another without the other’s consent and without proper legal authority commits false imprisonment.

Overview of an Alleged False Imprisonment of a Spouse or Intimate Partner

False Imprisonment can occur when one spouse forcibly keeps the other from leaving a room, such as a bedroom. It could even be forcibly keeping an intimate partner from leaving, even if the intention is to try to keep one in the room or home to “talk things out.”

The Two Classes of False Imprisonment Crimes in Colorado

False imprisonment is usually charged as a class 2 misdemeanor. However, it can be elevated to a class 5 felony if force or threats are used or if the confinement lasts longer than 12 hours.

• C.R.S. 18-3-303 – The charge of False Imprisonment is a class 2 misdemeanor, except that false imprisonment is a class 5 felony if:
  • (I) The person uses force or threat of force to confine or detain the other person; and
  • (II) The person confines or detains the other person for twelve hours or longer;

Like kidnapping, false imprisonment charges are also often filed with the domestic violence enhancement in Colorado.

What is this Domestic Violence Enhancement that Keeps Being Mentioned?

In Colorado, Domestic Violence is defined by C.R.S 18-6-800.3 as an act or threatened act of violence upon a person with whom the actor is or has been involved in an intimate relationship. It also includes any other crime against a person or against property, including an animal, when used as coercion, control, punishment, intimidation, or revenge.

In the same statute, Colorado defines an intimate relationship as spouses, former spouses, past or present unmarried couples, or persons who are both the parents of the same child.

The term “enhancement” refers to the imposition of additional or increased penalties for a criminal offense based on specific circumstances or factors related to the commission of that offense. These enhancements include:

• Mandatory Domestic Violence Evaluation and Treatment.
• Firearm Restrictions. The Defendant will not be able to buy or possess firearms or ammunition.
  • In addition, a defendant subject to a protection order must also surrender their firearms.
• Deportation. Non-citizens convicted of domestic violence may be deported, unless the defendant’s attorney can get the charge dismissed or the charge reduced to a non-removable offense.
• Probation.
• Jail or Prison Time. This can be mandatory, depending on the circumstances of the case.

If you are charged with any degree of Kidnapping or False Imprisonment, you need quality legal representation today.

With more than 50 years of experience in prosecuting and defending serious crimes, our attorneys can provide you with the representation you or your loved one need when facing such serious consequences. Call the attorneys at the Law Offices of Clifton Black today at 719-328-1616 to ensure you have an entire law firm ready to fight for your innocence and protect your rights.