Colorado Kidnapping & False Imprisonment Charges Defense

If you’ve been accused of kidnapping or false imprisonment in Colorado related to a domestic violence (DV) situation, your case is automatically more serious. You face stronger consequences because the circumstances involve an intimate partner.  

This article delves into how Denver and Colorado Springs courts handle kidnapping and false imprisonment with a domestic violence enhancer. I’ll walk you through the key distinctions between the charges and explain how our skilled Colorado false imprisonment lawyers can make all the difference in your case.

Many people accused of false imprisonment or kidnapping are surprised to learn how easily everyday arguments can lead to criminal charges. Maybe you grabbed your partner’s phone in the middle of an argument, blocked a door to finish a conversation, or refused to let someone out of the car until you reached a safer spot. These actions, even without physical violence, can lead to criminal charges. You may feel like the situation has been blown out of proportion or that your actions are being mischaracterized. 

The decisions you make in the moments following an arrest are critical to the outcome of your case. As soon as you can, contact a false imprisonment lawyer, who can tell you if a DV-related false imprisonment charge is likely.

Once the immediate issues are addressed, our attorneys can ensure your rights are protected, advise you on the best course of action, and begin building your defense. 

I know being accused of domestic violence can be overwhelming, which is why it’s crucial to understand exactly what you’re up against. 

In Colorado, domestic violence is defined as “an act or threatened act of violence against a person with whom the actor is or has been involved in an intimate relationship.” Colorado doesn’t treat DV as a standalone crime. Instead, DV functions as a sentence enhancer that attaches to another offense, such as kidnapping or false imprisonment, when prosecutors argue the act was committed to threaten, control, punish, scare, or retaliate against the alleged victim.

A domestic violence sentencing enhancement can elevate the severity of your charges, leading to a harsher sentence: 

• Mandatory domestic violence evaluation and treatment program (unless sentenced to prison)

• Loss of firearm rights under federal and state law

• Challenges in maintaining custody of and parenting time with your children

• Prosecutors can use prior DV-related acts to argue a pattern of behavior

A domestic violence-related kidnapping charge is more serious than one for false imprisonment because it involves the unlawful confinement of a person. In Colorado, you could be charged for kidnapping in either the first or second degree. The difference has to do with whether a victim had to make a concession in exchange for release. 

Holding someone against their will is called false imprisonment under C.R.S. 18-3-303. It is a common charge in domestic violence cases in Colorado. People are often surprised that seemingly small actions, like taking someone’s keys during a domestic argument, can result in false imprisonment. The following actions can trigger false imprisonment charges.

• Blocking an Exit - Standing in a doorway to prevent the other person from leaving a room or house. Physical contact isn’t necessary for the act to be false imprisonment.

• Continuing to Drive - Not allowing someone to exit a vehicle when they’ve asked to get out. This situation could escalate to kidnapping if the person is driven to another location.

• Threats of Violence - Threatening to harm family or pets in an effort to prevent the partner from leaving, even if no physical barrier exists. 

• Physical Restraint - Holding someone down, pinning them against a wall, or tying them up in an effort to keep them from leaving.

Is False Imprisonment a Felony?

Under C.R.S. 18-3-303, false imprisonment is a Class 2 misdemeanor, but it can become a Class 5 felony if the circumstances involve minors and other factors, like causing physical harm.

A person convicted of a Class 5 felony is subject to one to three years’ imprisonment in the Colorado Department of Corrections, followed by a mandatory parole period that typically lasts half the sentence, per C.R.S. 18-1.3-401.

Under C.R.S. 18-3-301, kidnapping in the first degree can be charged as either a Class 1 felony. If convicted of a Class 1 felony in Colorado, the sentence is lifetime imprisonment.  If the victim is released unharmed before a conviction, the charge drops to a Class 2 felony, which carries a potential sentence of eight to 24 years. 

Is Kidnapping a Felony?

Yes, kidnapping is a felony.  However, it can range from a Class 1 to Class 4 felony.  Kidnapping in the second degree starts as a Class 4 felony, per C.R.S. 18-3-302. 

Kidnapping in the second degree requires the alleged perpetrator to knowingly seize and carry a person from one place to another without the seized party’s consent and without lawful justification. Such movement increases the risk of harm to the seized person. However, depending on the surrounding circumstances, it can become a Class 3 or even a Class 2 felony. 

To become a Class 3 felony, kidnapping in the second degree requires the kidnapping having been accomplished:

• with the intent to sell, trade, or barter the kidnapped person for consideration

• by the use of a deadly weapon or a simulated deadly weapon

• with the kidnapper armed with a deadly weapon

To become a Class 2 felony, kidnapping in the second degree requires the kidnapping involving:

• the kidnapped person being a victim of a sexual offense

• the kidnapped person being the victim of a robbery

• the kidnapped person being under the age of 18 and being taken, enticed, or decoyed by the kidnapper with the intent to either conceal the child or sell, trade, or barter the child for consideration.

The Habitual Domestic Violence Offender Statute

In Colorado, prior convictions make a new domestic violence-related charge far more serious. The state’s Habitual Domestic Violence Offender (HDVO) statute elevates a misdemeanor offense to a Class 5 felony for domestic violence in Colorado if you have three or more related prior convictions. 

This enhancement comes with severe consequences, including mandatory domestic violence treatment and the loss of your firearm rights. Prosecutors must prove the underlying misdemeanor before presenting your prior history to the court, making a strong defense against the initial charge absolutely critical, per C.R.S. 18-6-801 and C.R.S. 18-6-802.5.

It’s not advisable to try to handle domestic violence-related kidnapping or false imprisonment charges without a criminal defense attorney. A robust defense can help with domestic violence charges. 

Defenses to false imprisonment- and kidnapping-related domestic violence can include: 

Self-defense or defense of others is useful when you act to protect yourself or someone else from imminent harm. 

If you physically restrained someone because they were attempting to assault another party, you could argue that your actions were a justified use of force to prevent a crime. 

Self-defense is especially applicable in the domestic violence context, per C.R.S. 18-1-703, where the defendant is responding to injuries inflicted by the alleged victim or is trying to protect children from harm.

What makes kidnapping or false imprisonment a criminal offense is that the confinement took place without the confined’s consent. 

This defense argues that the alleged victim willingly participated in the actions under scrutiny. If a person voluntarily agreed to enter a vehicle or remain at a location, the elements of kidnapping or false imprisonment can’t be sufficiently met. 

We’re most likely to use this defense in cases where the accuser or defendant was in a relationship, and the actions could be misconstrued or are part of a relational dispute. 

This is a foundational defense I use in many of our cases. To prove kidnapping or false imprisonment, the prosecution must show the defendant had the required criminal intent. 

If we can demonstrate that the confinement was accidental, a misunderstanding, or that you lacked the specific intent to illegally restrain someone, we may be able to convince the court to reduce the charges or drop them altogether. 

For instance, did you mistakenly lock the door? Did the alleged victim willingly enter your vehicle? If we can prove that one of these or a similar scenario happened, we can argue that there was no criminal intent to confine or abduct the alleged victim. 

In any criminal case, the prosecution bears the burden of proving its charges are warranted beyond a reasonable doubt. 

A strong defense strategy involves challenging the evidence’s sufficiency. Your lawyer may argue that the evidence presented is weak, unreliable, or fails to establish that a crime was committed. 

This could involve challenging a witness’s credibility, questioning forensic evidence, or highlighting inconsistencies in the prosecution’s case. 

The duress defense can be used if you committed the crime to protect the alleged victim from another imminent threat. 

An example of this might look like if you confined someone to a room to protect them from an immediate threat from another person. In this case, you could argue that your actions were protective and necessary. 

It’s a high-stakes defense that would ask you to prove that there was no other choice, and that the harm you prevented was greater than the harm you caused. 

If there are circumstances that may not excuse the crime but could be useful in petitioning for a less severe punishment, we will use them. 

These factors could involve anything from your emotional state to no prior criminal history. We may even remind the prosecution that your cooperation with law enforcement at the time of arrest was appreciated to reduce the severity of charges or penalties. 

Given the serious nature of these charges, securing the services of a skilled attorney is not just recommended—it’s essential. A criminal defense attorney well practiced in defending against charges with domestic violence designations will be your strongest asset for reduced or dropped charges. 

Our legal team will:

• Assess the charges - We can help you understand exactly what you’re up against. A felony assault involving weapons would also impact the minimum sentence. By breaking down the specific charges, your attorney ensures you know what’s at stake and why it matters in your defense. 

• Challenge the evidence - This is a critical aspect of building your defense. We will look at the prosecution’s evidence, including witness statements, forensic reports, and the legality of how evidence was obtained for any anomalies or errors.

• Question credibility - Witnesses aren’t always the reliable sources prosecutors hope they’ll be. Our false imprisonment lawyers will identify inconsistencies or subjective biases during the discovery process to ensure fairness if your case goes to trial.

• Build your defense - We’ll leverage every available defense to build a compelling case. We’ll consider any unique circumstances about your case to negotiate with prosecutors and present an alternative narrative to the alleged victim.

• Negotiate a plea deal - An experienced criminal defense attorney for domestic violence charges can negotiate with prosecutors, potentially reducing a more severe charge like kidnapping to a lesser one like false imprisonment. 

Make no mistake, these charges are serious, especially when they involve domestic violence enhancements. Fortunately, our criminal defense attorneys have handled countless cases comparable in nature and sensitivity. You’re not alone in this. Let us help you. 

If you are accused of false imprisonment or kidnapping, particularly in a domestic violence context, taking immediate action is crucial. Do not try to navigate the complex criminal justice system alone when our Criminal Defense Team is ready to help effectively defend false imprisonment charges. Seek professional legal help now. Book any time of day with our criminal defense attorneys or call 303-688-0944.