False Imprisonment is charged in Fort Collins, Loveland, and across Larimer County when a person is accused of confining another without consent. Let’s answer some frequently asked questions regarding False Imprisonment charges in Colorado
How Do You Get Charged with False Imprisonment in Loveland?
The Loveland, Colorado law definition of False Imprisonment – C.R.S. 18-3-303 – is:
This can be as simple as blocking a doorway for a moment or closing someone in a room. It does not take much to get charged with this crime.
What is Felony False Imprisonment in Fort Collins?
False Imprisonment is usually charged as a class 2 misdemeanor, however, if certain aggravating factors apply, it can be charged as a class 5 felony. Those aggravating 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.
The class 5 felony False Imprisonment is punishable by 1 to 3 years in the Colorado Department of Corrections.
What is the Minimum Sentence for False Imprisonment in Larimer County?
Well, the answer to this question depends on what you mean by the term ‘minimum.’ If minimum means the shortest amount of time you will have to serve a sentence, then a short sentence to the Larimer County Jail (like 10 days or so) would probably be the minimum. As a class 2 misdemeanor charge, the penalty range is up to 120 days in jail. If minimum means least restrictive sentence, then a sentence to probation with no jail would be probably be the key. Depending on what the DA wants you to get accomplished while on probation, you could get a 6- or 12-month probation sentence possibly unsupervised or with just a few requirements. Obviously, this all depends greatly on the facts of the case and if the False Imprisonment is charged as an act of Domestic Violence, then that is seen as an aggravator, which changes the sentencing requirements.
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.
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