Kidnapping Defense Attorney in Denver

35+ Years, a 90%+ Success Rate, & Trial-Ready Defense for Colorado Kidnapping Charges

A kidnapping charge in Colorado is one of the most serious situations a person can face. Sentences range from years to life in prison, and prosecutors pursue these cases aggressively, even when the accused never believed their actions crossed a criminal line. At Fife Luneau, P.C., we bring more than 35 years of criminal defense experience, a 90%+ success rate across thousands of cases, and extensive experience in both state and federal courts to every kidnapping case we handle.

We’re available 24/7 by phone and offer free and virtual consultations. If you or someone you care about has been arrested or is under investigation, the time to act is now.

Don’t wait to protect your rights. Call Fife Luneau, P.C. any time at (720) 408-7130 for a free consultation with a Denver kidnapping defense attorney.

How Colorado Defines Kidnapping

Colorado recognizes two degrees of kidnapping, each defined by distinct elements under separate statutes. Many people are surprised by how broadly these laws reach.

First Degree Kidnapping (CRS 18-3-301) requires that a person forcibly seize and carry someone, entice or persuade someone to move, or imprison or forcibly secret a person with the intent to force a concession of value in exchange for release. The ransom or concession element is what sets first degree apart from all other forms of unlawful restraint.

Second Degree Kidnapping (CRS 18-3-302) doesn’t require ransom intent. It occurs when a person knowingly seizes and carries someone from one place to another without their consent and without lawful justification, provided that movement increases the risk of harm to the victim. It also covers taking, enticing, or decoying away a child under 18 who isn’t one’s own, with intent to keep or conceal the child from their parent or guardian or to sell, trade, or barter the child for consideration.

The movement element, called asportation, is required for second degree kidnapping. Any distance can satisfy it if it substantially increases the victim’s danger, which means moving someone across a room during a heated argument can legally qualify. Colorado also has no statute of limitations for kidnapping, so charges can arise years after the alleged incident. Both degrees are charged as felonies, regardless of whether the victim suffered physical harm.

Kidnapping Penalties in Colorado

The sentencing exposure for a kidnapping conviction in Colorado is severe, and aggravating factors can multiply it quickly.

First Degree Kidnapping Sentences:

• Class 1 felony if the victim suffered bodily injury: life in prison
• Class 2 felony if the victim was released unharmed: 8 to 24 years in prison and fines of $5,000 to $1,000,000
• If a deadly weapon was possessed and threatened during the offense, the range increases to 16 to 48 years even if the victim was not harmed

Second Degree Kidnapping Sentences:

• Class 4 felony (extraordinary risk crime) at baseline: 2 to 6 years in prison and fines of $2,000 to $500,000
• Class 3 felony if the offense involved intent to sell, trade, or barter the victim, or use of a deadly weapon: 4 to 16 years (or 10 to 32 years with a deadly weapon)
• Class 2 felony if the victim was also a victim of a sexual offense or robbery, or if the offense involved the child-taking provisions of the statute: 8 to 24 years (or 16 to 48 years with a deadly weapon) and fines up to $1,000,000

Felony kidnapping charges in Denver are heard in Denver District Court. Colorado’s mandatory minimum sentencing provisions apply to certain felony classes, removing judicial discretion to impose lesser sentences.

Consequences Beyond the Prison Sentence

A felony kidnapping conviction follows a person long after the prison term ends. The collateral consequences can be just as life-altering as incarceration itself.

• Permanent felony record: Securing employment, professional licenses, and rental housing becomes significantly harder with a kidnapping conviction on record
• Loss of firearm rights: Felony convictions in Colorado permanently strip the right to own or possess firearms
• Immigration consequences: Kidnapping is treated as an aggravated felony under federal immigration law, and non-citizens, including lawful permanent residents, may face deportation or bars on reentry
• Sex offender registration: If the charge involves a sexual offense or child enticement, defendants may be required to register as sex offenders for life
• Custody and parental rights: A conviction, including custody order violations, can result in loss of visitation or custody
• Domestic violence sentencing enhancer: When this enhancer is attached to a kidnapping charge, it triggers mandatory arrest protocols, automatic restraining orders, and additional firearm and housing restrictions on top of the criminal sentence

Defense Strategies for Denver Kidnapping Cases

The prosecution must prove every element of a kidnapping charge beyond a reasonable doubt. Failing to establish any single element is grounds for acquittal. Our team at Fife Luneau, P.C. prepares thoroughly at every stage, from early investigation through motion practice and, when necessary, trial.

Depending on the facts, we may challenge the charge on one or more of the following grounds:

• Consent: If the alleged victim agreed to go with the defendant, the charge may not be sustained
• Lack of movement: If no asportation occurred, the charge may be reduced to false imprisonment, a lesser-included offense carrying substantially lower penalties
• Lawful authority: A parent with legal custody rights, a law enforcement officer, or another person with recognized legal justification had the right to move or detain the alleged victim
• Necessity: Moving the alleged victim was required to protect them from imminent harm
• Mistaken identity: The defendant was not the person who committed the act
• Duress: Under CRS 18-1-708, a person may not be convicted of an offense if they acted at the direction of another due to the use or threatened use of unlawful force that a reasonable person in the same situation couldn’t have resisted
• Constitutional violations: Evidence obtained through an unlawful search or seizure can be suppressed, which may significantly weaken the prosecution’s case

Our experience in state and federal courts means we know how to take a case to trial and how to build leverage well before it gets there. Pre-trial motions, early investigation, and strategic pressure on the prosecution’s evidence can open paths to reduced charges or dismissal even in serious kidnapping cases.

Why Denver Kidnapping Defendants Choose Fife Luneau, P.C.

Founded in 1990, Fife Luneau, P.C. has handled thousands of criminal defense matters across both state and federal courts in Denver and throughout the Denver Metro Area. Our 90%+ success rate reflects a commitment to thorough preparation and aggressive advocacy at every stage of a case.

Kidnapping charges demand a defense attorney who is genuinely trial-ready. Cases that appear strong for the prosecution often have contested evidence, credibility issues, or constitutional violations that a prepared defense can use to challenge the prosecution’s position. We’re members of the National Trial Lawyers Association, and we bring that standard of advocacy to every client we represent.

What to Do After a Kidnapping Arrest in Denver

The decisions made in the hours following an arrest can significantly affect how a case unfolds. Follow these steps to protect yourself from the start:

• Invoke your right to remain silent immediately. Anything you say to law enforcement can be used by prosecutors, including statements made under the belief that cooperating will help your situation
• Don’t agree to an interview or attempt to explain yourself without an attorney present
• Explicitly invoke your right to counsel and wait for an attorney before any questioning begins
• Contact a defense attorney as early as possible. Surveillance footage, witness recollections, and electronic records can disappear quickly, and early investigation preserves the evidence your defense needs
• Comply with any protection orders. Violating a protection order, even accidentally, creates additional criminal exposure that can run consecutively with any existing charges

The sooner Fife Luneau, P.C. is involved, the sooner we can begin building your defense. Call us any time at (720) 408-7130.

Contact Fife Luneau, P.C. About Your Kidnapping Charge

A kidnapping charge in Denver is not something to face without seasoned defense counsel. We offer free consultations by phone or virtually, we’re available 24/7, and we serve clients throughout Denver and the Denver Metro Area.

Call Fife Luneau, P.C. now at (720) 408-7130 to speak with a Denver kidnapping defense attorney.