When someone is accused of restricting another person’s freedom, prosecutors in Larimer County may file charges for False Imprisonment, Kidnapping, or both. While these two offenses might sound similar, they are very different in terms of intent, severity, and potential penalties. Understanding the distinction can make a major difference in how a case is defended.
As Fort Collins criminal defense attorneys, we often see confusion about these charges, so let’s break down how the law treats them.
Larimer County False Imprisonment Attorney: What Is False Imprisonment in Colorado?
False Imprisonment is defined under C.R.S. § 18-3-303. Essentially, it occurs when someone knowingly confines or detains another person without their consent and without legal authority to do so.
Examples of False Imprisonment:
- Blocking someone’s exit so they can’t leave a room
- Holding a person in a car against their will
- Preventing a romantic partner or roommate from leaving during an argument
Penalties:
The severity of the charge depends on the circumstances:
- Misdemeanor False Imprisonment: If the victim is confined for only a short period and not injured, it’s typically a Class 2 misdemeanor, punishable by up to 120 days in jail and fines up to $750.
- Felony False Imprisonment: If a person is accused of using force, threats, or confining someone for over 12 hours, the charge can rise to a Class 5 felony, carrying up to 3 years in the Colorado Department of Corrections (prison) and fines up to $100,000.
Loveland Kidnapping Defense Lawyer: What Is Kidnapping in Colorado?
Kidnapping, on the other hand, is much more serious. Colorado law recognizes two degrees of Kidnapping: First Degree and Second Degree, under C.R.S. §§ 18-3-301 and 18-3-302.
First Degree Kidnapping:
This occurs when someone forcibly seizes, entices, or carries another person from one place to another with the intent to hold them for ransom, use them as a shield, or cause them harm.
- It’s a Class 1 felony if the victim dies, and a Class 2 felony in most other cases.
- Penalties can include 8–24 years in prison (or life in extreme cases).
Second Degree Kidnapping:
This happens when someone knowingly moves another person from one place to another without their consent or lawful authority.
- Normally a Class 4 felony, but the charge can be elevated if weapons, injuries, or sexual assault are involved.
Key Difference:
Kidnapping involves movement, physically taking a person from one place to another, while False Imprisonment usually involves confinement in one location.
Comparing False Imprisonment and Kidnapping in Estes Park: What is the Difference?
|
Element |
False Imprisonment |
Kidnapping |
| Action | Restraining or detaining someone | Moving or abducting someone |
| Intent | To restrict freedom | Often to demand ransom, cause harm, or commit another crime |
| Use of Force | May or may not involve force | Typically involves force, threat, or deception |
| Severity | Misdemeanor or low-level felony | High-level felony |
| Penalties | Up to 120 days in jail (misdemeanor) Up to 3 years in prison (felony cases) |
8–24 years or more in prison |
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 for a free initial consultation. Together, we can protect your future.
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