A Loveland man is being charged with multiple crimes after a bad weekend with his ex-girlfriend. According to the report, the man assaulted his ex-girlfriend and held her captive in her bedroom for over two hours. He then left her home, only to return later, break-in, and assault her friend. The man is facing Domestic Violence False Imprisonment and Third Degree Assault –Domestic Violence, for the first criminal episode, along with Obstruction of a Telephone Service, Domestic Violence – First Degree Burglary, 3rd Degree Assault, Criminal Mischief – Domestic Violence and Child Abuse, for the second crime spree. That’s right, this man is facing charges seven different crimes.
What is False Imprisonment in Fort Collins?
C.R.S. 18-3-303 – False Imprisonment – is defined by Colorado law as:
Usually, in Fort Collins, Loveland, and Estes Park, False Imprisonment is charged as a class 2 misdemeanor. However, it can be charged as a class 5 felony if:
- 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.
Note, both parts a) and b) must be met in order to charge False Imprisonment as a felony. For the man in the story, he allegedly detained his ex-girlfriend for more than two hours, but less than twelve, so he would be charged with a misdemeanor. Misdemeanors are punishable by a sentence to the Larimer County Jail in Fort Collins, in more serious cases.
What is Third Degree Assault in Larimer County?
Colorado law defines C.R.S. 18-3-204 – Assault in the Third Degree – as:
(a) The person knowingly or recklessly causes bodily injury to another person or with criminal negligence the person causes bodily injury to another person by means of a deadly weapon; or
(b) The person, with intent to infect, injure, harm, harass, annoy, threaten, or alarm another person whom the actor knows or reasonably should know to be a peace officer, a firefighter, an emergency medical care provider, or an emergency medical service provider, causes the other person to come into contact with blood, seminal fluid, urine, feces, saliva, mucus, vomit, or toxic, caustic, or hazardous material by any means, including throwing, tossing, or expelling the fluid or material.
All a ‘victim’ would have to do is claim they felt pain in order for this crime to be charged.
In Larimer, Boulder and Grand County, all a ‘victim’ would have to do is claim they felt pain in order for this crime to be charged. This is because the law defines ‘bodily injury’ as: physical pain, illness, or any impairment or mental condition. While we don’t know exactly what sort of physical pain the man is the story is accused of inflicting on his ex-girlfriend, we have seen cases where 3rd Degree Assault – DV is charged when something as simple as a boyfriend nudges his girlfriend out of the way when she is blocking the door. This is the most common charge with Domestic Violence.
What is Criminal Mischief in Loveland?
C.R.S. 18-4-501 – Criminal Mischief – is defined by Colorado law as:
Criminal Mischief can be charged as a class 3 misdemeanor all the way to a class 2 felony depending on the total amount of damage. Any damage totaling less than $1,000 will be charged as a misdemeanor. If the damages total $1,000 or more, Criminal Mischief would be charged as a felony. Though it is not revealed in the story, the man probably did not cause more than $1,000 worth of damages, so he would most likely be facing misdemeanor charges.
What is the Domestic Violence Sentence Enhancer Across Larimer County?
Colorado law defines Domestic Violence – C.R.S. 18-6-800.3 – as:
Domestic Violence is not a criminal charge on its own. Instead, it is a sentence enhancer added to any crime that occurs between two people who are or have been in an intimate relationship. This Domestic Violence sentence enhancer involves harsher penalties, including completing domestic violence treatment and following mandatory protection orders. With the man from the story, the DV sentence enhancer was added to every charge he allegedly committed against his ex-girlfriend.