In Fort Collins, Loveland, and throughout Larimer County, False Imprisonment is one of the most common, and misunderstood, charges that accompanies a Domestic Violence arrest. Here’s what defendants need to know.
Domestic Violence arrests in Larimer County move fast. Police arrive, someone gets handcuffed, and within hours you can find yourself facing multiple charges, often including False Imprisonment alongside Assault, Harassment, or Menacing. If you’ve been charged anywhere in the county, understanding exactly what each charge means and how they interact is critical to your defense.
What is False Imprisonment under Colorado law? A Loveland False Imprisonment Attorney Explains
Under C.R.S. § 18-3-303, a person commits False Imprisonment by knowingly confining or detaining another person without their consent and without lawful justification. No physical restraint or locked door is required. Blocking someone from leaving a room, standing in a doorway to prevent exit, grabbing someone’s keys so they can’t drive away, or taking someone’s phone to stop them from calling for help can all support a False Imprisonment charge.
A standard False Imprisonment charge is a Class 2 misdemeanor, carrying up to 120 days in jail and fines up to $750. But when the detention involves force, threats, or lasts more than 12 hours, it elevates to a Class 5 felony with up to three years in the Colorado Department of Corrections.
The Domestic Violence Designation Changes Everything in Fort Collins False Imprisonment Cases
Colorado’s Domestic Violence statute (C.R.S. § 18-6-800.3) is a sentence enhancer, not a standalone charge. When an underlying offense, like False Imprisonment, Assault, or Harassment, is found to have been committed against an intimate partner for the purpose of coercion, control, punishment, or revenge, the Domestic Violence label attaches. That designation triggers consequences that go far beyond the base charge.
Mandatory Arrest Policy
Colorado law requires officers to arrest when they have probable cause to believe Domestic Violence occurred. There is no officer discretion, someone is going to jail.
Victim Can’t Drop Charges
The decision to prosecute belongs to the Larimer County DA, not the alleged victim. Even if the alleged victim recants or asks that charges be dismissed, prosecution typically continues.
Firearms Ban
A DV conviction, even a misdemeanor, can trigger a lifetime federal ban on firearm possession. This is permanent and applies immediately.
Mandatory Domestic Violence Treatment Program
Conviction requires completion of a state-certified Domestic Violence treatment program which is 36 weeks minimum in Colorado. Non-compliance leads to probation revocation.
Where False Imprisonment Charges Arise Across Larimer County
False Imprisonment and Domestic Violence charges are filed in every corner of Larimer County, like in urban homes, rural properties, and everywhere between. Cases are prosecuted by the Larimer County District Attorney’s Office (8th Judicial District) and heard in Larimer County District Court, Loveland County Court or local municipal courts depending on jurisdiction.
If you or someone you love has been charged with False Imprisonment or a DV offense, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
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