False Imprisonment is charged in Fort Collins and Larimer County when a person is accused of detaining another without the legal right to do so. A man was recently arrested and charged with False Imprisonment and Kidnapping after witnesses reported seeing a woman try to escape a vehicle. According to the report, law enforcement received reports that witnesses saw a woman trying to get out of a moving vehicle. The male driver pulled the woman back into the car and detained her there. When police attempted to pull the car over, the man tried to flee, but ultimately lost control and was taken into custody.
Fort Collins False Imprisonment Attorney: Definition of Woman Detained False Imprisonment in Colorado
The Fort Collins, Larimer County, Colorado law definition of False Imprisonment – C.R.S. 18-3-303 – is:
Now, it’s likely that the man was charged because witness statements made it seem that the woman was attempting to leave and the man detained her, preventing her from leaving the car. However, if the car was moving, there may be an argument that he was trying to help her. Even if the two were arguing, it would be really problematic for someone to jump out of a moving car. We’ve had cases where the alleged victim made a statement that they left out the back door because the defendant was standing in front of the front door and police will charge that as False Imprisonment – simply standing in front of a door, even if that’s just where they were standing with no intention of blocking anyone’s way.
Sentence for False Imprisonment in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park False Imprisonment for detaining someone against their will is a class 2 misdemeanor, unless one of the following aggravating circumstances exist:
- 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.
In the case above, none of these aggravators apply as even if he used force to keep her in the car, it was not for twelve hours. So, he would be facing the class 2 misdemeanor False Imprisonment charge.
If you or someone you love has been charged with False Imprisonment, 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. We also practice in Greeley – Weld County. CLICK HERE TO VISIT OUR GREELEY SITE. Together, we can protect your future.
Photo by Kaique Rocha