My husband has a record of domestic violence. He currently also is on parole for domestic violence. Also we have a restraining order in place. He recently got a new charge while on parole, which includes [a] protection order violation, kidnapping charge, and a domestic assault. All this happened in a convenience store so there is camera footage but not very clear footage. So my question is what is the potential outcome of his sentence?
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First and foremost, I recommend that your husband speak with an attorney as soon as possible, given the gravity of the charges, his parole status, and the restraining order.
This particular combination of violations, especially involving kidnapping and habitual domestic violence, places your husband in a precarious legal position. Even if the unclear security footage allows the defense to cast doubt on whether he was there and what was happening, the prosecution will use the protection order violation to bolster their case against him.
Under Colorado law, kidnapping can be anywhere from a Class 4 to a Class 1 felony. If your husband is charged with First Degree Kidnapping and the victim was either injured or killed, then he would be facing a potential life sentence, as that would be a Class 1 felony. However, kidnapping can be reduced from a Class 1 to a Class 2 felony—avoiding a life sentence. Based on what you’ve told me, prosecutors may be less likely to negotiate because, from the court’s perspective, a protection order was violated, and he is a parolee with a record of habitual violence.
However, if your husband has a legal representative who can separate the issues for trial, there may be an opportunity to challenge the prosecution’s case against him. Successfully challenging proof of identity and intent could prevent the prosecution’s ability to use his prior record to further enhance his sentence.
I strongly suggest reaching out to a member of our firm’s Criminal Defense Team. We specialize in high-stakes felony cases, such as kidnapping and habitual domestic violence. Book your consultation online as soon as possible. I hope this helps.
