False Imprisonment is an easily charged crime in Fort Collins and Larimer County. There are no time restraints on how long you have to confine or detain someone. Usually a misdemeanor crime, if certain aggravators apply, False Imprisonment can be a felony charge. A man was recently arrested for this crime after a random interaction on Colorado State University campus. According to the report, the man approached a student near the Rec Center to ask for directions. It wasn’t explained why, but the man began yelling. He grabbed her arm and another student approached. The man threatened the two students with a knife and then left. He was later located and arrested for Felony Menacing, Felony False Imprisonment, and Harassment.
Felony False Imprisonment Lawyer in Larimer County: Definition of False Imprisonment in Colorado
The Larimer County, Colorado law definition of False Imprisonment – C.R.S. 18-3-303 – is:
So, like in the example above, holding someone’s arm to keep them in a location without the person’s consent would be considered False Imprisonment.
Sentence for Felony False Imprisonment in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, False Imprisonment is usually a class 2 misdemeanor. However, if one of the following aggravators apply, it is a class 5 felony:
- 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
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.
After looking at the sentencing guidelines, I’m not sure how they are justifying the felony False Imprisonment charge. They can justify that he used force, but it must be in conjunction with a long confinement (12 hours or more). That was definitely not the case above.
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. Together, we can protect your future.
Photo by Anete Lusina