False Imprisonment is charged in Fort Collins and Larimer County when a person is accused of keeping someone in an area without consent. A reality star was recently charged with this crime after an altercation with the mother of his child. According to the report, the man was accused of brandishing a weapon at his on again / off again girlfriend during their fight. The woman was able to get outside and was overheard claiming that someone had taken her daughter. Police arrived and there was a struggle before the reality TV star was arrested. This resulted in multiple charges including False Imprisonment and Resisting Arrest.
Fort Collins False Imprisonment Attorney: Definition of False Imprisonment in Larimer County
The Larimer County, Colorado law definition of False Imprisonment – C.R.S. 18-3-303 – is:
This charge is often charged with the Domestic Violence sentence enhancer, because the accusations are usually between two people in a relationship. It’s common that we see these charges related to an argument between a dating / married / or formerly dating or married couple and when one person tries to leave a room, the other attempts to stop them so they can continue the conversation. Simply blocking a doorway or putting an arm out to stop the other person, is enough to get charged with this crime.
Sentence for False Imprisonment For Reality TV Star in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, False Imprisonment is a class 2 misdemeanor unless certain aggravators are present, in which case it is charged as a class 5 felony. The aggravators needed to charge the class 5 felony are:
- 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.
The punishment for misdemeanor False Imprisonment is 3 to 12 months in the Larimer County Jail and up to $1,000 in fines. The sentence for felony False Imprisonment is 1 to 3 years in the Colorado Department of Corrections and up to $100,000 in fines.
If you or someone you love has been arrested for 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 for a free initial consultation. Together, we can protect your future.
Photo by Michael Fousert on Unsplash