If you or someone you love has been charged with False Imprisonment in Fort Collins, Loveland, or elsewhere in Larimer County, it’s important to understand exactly what the law says and what’s at stake.
Fort Collins False Imprisonment Lawyer: What Does Colorado Law Say?
False Imprisonment is defined under Colorado Revised Statute § 18-3-303. The law states that any person who knowingly confines or detains another person without that person’s consent, and without proper legal authority, has committed the offense. Unlike Kidnapping, False Imprisonment does not require that the alleged victim be moved from one place to another, simply restricting someone’s ability to leave a room, a car, or a building can be enough to support a charge.
Notably, the statute carves out an exception for peace officers acting in good faith within the scope of their duties.
Is False Imprisonment a Misdemeanor or Felony in Loveland, Colorado?
In most cases, False Imprisonment is charged as a class 2 misdemeanor in Colorado, punishable by up to 120 days in the Larimer County Jail and fines.
However, the charge can be elevated to a class 5 felony under certain circumstances, most commonly when force or the threat of force is used to confine or detain someone for twelve hours or longer. A class 5 felony carries the possibility of one to three years in prison, along with more substantial fines.
False Imprisonment as an Act of Domestic Violence in Larimer County
False Imprisonment charges frequently arise out of domestic disputes. For example, when one person in an argument physically blocks a door or otherwise prevents another person from leaving a room. In Domestic Violence cases, Larimer County courts will typically issue a mandatory protective order as part of the case, and violating that order carries separate, additional criminal penalties on top of the underlying False Imprisonment charge.
Charged with False Imprisonment in Estes Park? Call O’Malley Law Office Today!
Because False Imprisonment charges often stem from fast-moving, emotionally charged situations, the specific facts, like how long the confinement lasted, whether force was involved, and the relationship between the parties, can significantly affect how a case is charged and what penalties are on the table.
If you’re facing a False Imprisonment charge, be smart, exercise your right to remain silent, and contact 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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