False Imprisonment is charged in Fort Collins and Loveland when a person is accused of confining someone without their consent. Often, these cases involve a boyfriend/girlfriend or husband/wife so it is charged as an act of Domestic Violence. Even thought it sounds harsh – along the lines of Kidnapping, even the smallest action can result in False Imprisonment charges. Simply blocking a doorway or putting a hand up to stop someone from leaving can be considered False Imprisonment in Larimer County.
Larimer County False Imprisonment Lawyer: Definition of False Imprisonment in Colorado
The Larimer County, Colorado law definition of False Imprisonment – C.R.S. 18-3-303 – is:
The statute has no guidelines as to how long a person must be confined or detained in order to charge this crime. All an alleged victim has to say is that the person blocked the doorway or moved in front of them so they couldn’t leave the room and this crime can be charged.
How is False Imprisonment Charged in Fort Collins?
In Fort Collins and Loveland, False Imprisonment is generally a class 2 misdemeanor, unless certain aggravators apply. If the person:
- Used force or threat of force to confine or detain another; and
- Confines or detains another for 12 or more hours
Then it is charged as a class 5 felony. False Imprisonment can also be charged as a class 5 felony if:
- The person locks a child under the age of 18 in a room and causes injury or emotional distress; and
- The confinement was a pattern of punishment or unreasonable isolation; or
- The person ties up, cages, or chains a child under the age of 18 and causes bodily injury or emotional distress.
A class 2 misdemeanor is punishable by up to 120 days in the Larimer County Jail. The penalty for the class 5 felony False Imprisonment is 1 to 3 years in the Colorado Department of Corrections.
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