Kidnapping We Represent Clients Statewide in Colorado

Kidnapping Criminal Defense Attorney in Denver

Former Prosecutor. 30 Years of Criminal Defense. Hundreds of Jury Trials.

Kidnapping is among the most serious violent felonies prosecuted in Colorado. A conviction carries mandatory prison time, long-term collateral consequences, and in some cases a life sentence. At Law Offices of M. Colin Bresee, Attorney M. Colin Bresee brings a perspective many defense attorneys don’t have: he built criminal cases before he started dismantling them.

Colin Bresee has practiced criminal law since 1995. He’s handled thousands of cases and hundreds of jury trials, and his practice is limited to criminal defense. That prosecution background means he understands where evidence is vulnerable, how the state frames its theory of the case, and what pressure points matter most in negotiations and at trial.

If you or someone you know is facing a kidnapping charge in Denver, call our firm at (303) 747-4032 or reach us through the contact form on this site. Time is critical when a felony this serious is involved.

First-Degree vs. Second-Degree Kidnapping Under Colorado Law

Colorado draws a sharp distinction between its two kidnapping statutes, and the difference in penalties is significant. Understanding what prosecutors must prove is the starting point for any defense strategy.

First-Degree Kidnapping (CRS 18-3-301)

First-degree kidnapping requires proof that the accused seized, enticed, or imprisoned a person with intent to force a concession or extract ransom. If the victim is released unharmed before conviction, the charge is a class 2 felony. If the victim was injured or died, it becomes a class 1 felony, carrying the potential for life in prison.

Second-Degree Kidnapping (CRS 18-3-302)

Second-degree kidnapping involves knowingly seizing and carrying a person without consent when that movement increases the risk of harm. It also covers taking a child not one’s own with intent to sell, trade, or conceal the child from a guardian. The baseline charge is a class 4 felony. It escalates to a class 3 felony when a deadly weapon is used or implied, and to a class 2 felony when the victim is also a victim of sexual assault or robbery.

Extraordinary Risk Classification & Asportation

Both offenses are classified as extraordinary risk crimes in Colorado, which extends the sentencing range beyond what applies to other felonies in the same class. A central element distinguishing kidnapping from false imprisonment is asportation: the movement of a person from one location to another, regardless of distance. Without asportation, the charge may be false imprisonment rather than kidnapping.

Why Attorney Bresee’s Background Matters for This Charge

Kidnapping prosecutions are fact intensive. Prosecutors build their case around movement, intent, and the alleged victim’s lack of consent. Each of those elements can be contested, but doing so requires early investigation, careful analysis of witness statements and physical evidence, and readiness to take the case to a jury if a fair resolution isn’t available.

Mr. Bresee’s rate of taking cases to trial is notably higher than is typical among criminal defense attorneys. He earned a Distinguished peer-review rating from Martindale-Hubbell in 2026, reflecting recognized knowledge, capability, and judgment. Every defense strategy we build starts from a thorough investigation of the specific facts, not a template applied across cases.

Related Charges & Sentencing Enhancers

Kidnapping charges rarely appear alone. Prosecutors frequently file related charges or seek sentencing enhancements based on the circumstances of the alleged offense. Knowing how these interact matters from the moment charges are filed.

False Imprisonment

False imprisonment under CRS 18-3-303 is typically a misdemeanor, but it becomes a class 5 felony when force or the threat of force is used to confine someone, or when the detention lasts 12 hours or more. The line between kidnapping and false imprisonment turns entirely on asportation: confinement without movement is false imprisonment; confinement with movement is kidnapping. In some cases, a kidnapping charge may be reduced to false imprisonment depending on what the evidence actually shows.

Custody Order Violations & Parental Kidnapping

Colorado doesn’t use the term “parental kidnapping.” The applicable statute is CRS 18-3-304, which criminalizes violation of a custody order. It’s a class 5 felony and becomes a class 4 felony if the child is removed from the country. Defenses available here include showing the child was moved for their own safety or, when the child is older than 14, that the child chose to accompany the accused.

Domestic Violence Enhancer

When the accused and the alleged victim are or were intimate partners, a kidnapping charge can carry a domestic violence designation. That label adds mandatory restrictions and additional sentencing consequences on top of the underlying felony penalty.

Defenses in Colorado Kidnapping Cases

The specific facts of the case determine which defenses apply. Several recognized defenses are available under Colorado law and are worth understanding before any court date.

Consent: If the alleged victim agreed to go with the accused, that consent can negate the charge.
Lack of intent: Kidnapping requires knowingly seizing or carrying a person without lawful authority. When intent is absent or disputable, it becomes a core issue at trial.
Duress (CRS 18-1-708): A person can’t be convicted if the conduct resulted from unlawful force or the threat of it being used against them.
Necessity (CRS 18-1-702): Conduct that would otherwise be an offense can be justifiable when it was necessary to prevent imminent harm.
Attempt vs. completed offense: An attempted kidnapping is charged one felony class lower than the completed offense would have been, which affects the sentencing range significantly.
Statute of limitations: Felony kidnapping charges in Colorado must generally be filed within three years. Understanding where a case falls within that window is part of early case analysis.

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What Sets Us Apart?

Former Prosecutor
Results-Driven, Trial-Ready Advocacy
24/7 Availability & Direct Access
Free, Confidential Consultations
30+ Years of Experience

How Kidnapping Cases Move Through Denver’s Courts

Felony kidnapping charges in Denver begin at the advisement stage. Felony advisements, preliminary hearings, and bond setting take place at Denver County Court before the case proceeds to Denver District Court, the trial court of the Second Judicial District, where the felony prosecution moves forward. All criminal court proceedings in Denver, including felony matters, are held at the Lindsey-Flanigan Courthouse.

Bond decisions made early in the process affect whether a defendant is held during prosecution. The preliminary hearing is an opportunity to challenge whether the state has sufficient evidence to proceed. Both stages matter, and both deserve attention from the moment charges are filed.

Talk to a Denver Kidnapping Defense Lawyer Today

Facing a kidnapping charge in Denver means facing a violent felony prosecution with serious sentencing exposure. We handle criminal defense cases only, and Mr. Bresee brings over 30 years of experience and a former prosecutor’s understanding of how these cases are built and where they can be challenged.

Call (303) 747-4032 or use the contact form on this site to reach our firm. The earlier we can review the facts of your case, the more options may be available.

Collateral Consequences of a Kidnapping Conviction

Prison time is the most immediate consequence of a kidnapping conviction, but it isn’t the only one. A felony conviction for a violent offense like kidnapping permanently strips an individual of the right to own or possess firearms. That loss applies regardless of the degree of the offense or the circumstances surrounding it.

For non-citizens, the stakes extend further. Kidnapping can be treated as an aggravated felony under federal immigration law, depending on the specific offense and sentence involved. Lawful permanent residents and other non-citizens convicted of this offense may face deportation or be barred from reentry into the United States. Immigration consequences need to be considered alongside criminal defense strategy from the outset, not after a plea is entered.

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At Law Offices of M. Colin Bresee, we're always ready to take your call! Give us a call at (303) 747-4032 or fill out the form below to contact our team.

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