As a criminal defense attorney, I often read news stories and listen to podcasts related to criminal cases across the nation. Recently, I was listening to a podcast discussing a Robbery case, and the accused was also charged with Kidnapping because he held the victim at gunpoint, preventing him from leaving the store. When I heard that description, I started thinking about how that particular event would have been handled in Fort Collins and Larimer County. Would holding someone at gunpoint be considered Kidnapping in Colorado? Or could it be charged as something else, like False Imprisonment? Let’s take a closer look at these two crimes to find out.
Larimer County False Imprisonment Attorney: Colorado Law Definition of False Imprisonment
The Larimer County, Colorado law definition of False Imprisonment – C.R.S. 18-3-303 – is:
Now, this could be a possible charge for holding someone a gunpoint. By pointing a weapon at the person, you are detaining them – keeping them from leaving the area. False Imprisonment is often charged when someone keeps another person from leaving a room or area, when they want to leave.
False Imprisonment is usually charged as a class 2 misdemeanor, unless there are specific set of aggravating factors present. These factors include:
- The person uses force or threat of force to confine or detain the other person; and
- The person confines or detains the other person for twelve hours or longer.
OR
- The person confines or detains another person less than eighteen years of age in a locked or barricaded room under circumstances that cause bodily injury or serious emotional distress; and
- Such confinement or detention was part of a continued pattern of cruel punishment or unreasonable isolation or confinement of the child.
OR
- The person confines or detains another person less than eighteen years of age by means of tying, caging, chaining, or otherwise using similar physical restraints to restrict that person’s freedom of movement under circumstances that cause bodily injury or serious emotional distress.
If the aggravating factors are at play, then the False Imprisonment charge is a class 5 felony. For the Robbery case, the aggravating factors would not apply. Yes, the accused used force or threat of force (the deadly weapon) to keep the person in the store, but the person was not detained for 12 hours, or anywhere close to that amount of time.
Kidnapping Lawyer in Loveland and Estes Park: Is Holding Someone at Gunpoint Kidnapping?
In Fort Collins, Loveland, and Estes Park, Kidnapping is defined as:
Kidnapping can be charged as a class 1 felony, class 2 felony, class 3 felony or class 4 felony depending on the circumstances related to the Kidnapping. With the Robbery case, the person was not moved anywhere, just held in place at the store, so Kidnapping would not have applied if this case had occurred in Colorado.
If you or someone you love has been charged with False Imprisonment or Kidnapping, 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 your free consultation or set up a jail visit to the LARIMER COUNTY JAIL. Together, we can protect your future.
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