Colorado Law for False Imprisonment | Weld County False Imprisonment Lawyer

While False Imprisonment in Weld County, Colorado, is holding someone against their will, it is not typically the situation where someone is tied up in a basement for years on end. To be accused of False Imprisonment in Colorado, one has to simply disallow another to leave – even just to prevent them from leaving a room. By keeping someone against their will, you can be charged of this crime. Even if you’re blocking the door to continue a conversation with someone you could be charged. If you block the door while you're in a heated argument with your girlfriend and she tries to leave, she could call the cops and have you charged for False Imprisonment. Not to mention, the cops would also arrest you with a Domestic Violence Enhancer.

What is False Imprisonment, C.R.S. 18-3-303, in Greeley?

Greeley law enforcement will consider it a breach of the False Imprisonment, C.R.S. 18-3-303, law when:

Any person who knowingly confines or detains another without the other’s consent and without proper legal authority commits false imprisonment. This section does not apply to a peace officer acting in good faith within the scope of his or her duties.

It is important to note that this law does not apply to law enforcement when they are working. It is not illegal for them to arrest and detain people against their will. Generally, people who are in those situations are there unwillingly. Actually, if you attempt to avoid a Greeley officer’s attempts to arrest you, they can also charge you with Resisting Arrest or even Obstruction of a Peace Officer.

How is False Imprisonment Sentenced in Evans and Erie?

The sentence for False Imprisonment in Evans and Erie can be one of two possibilities. It is either a class 2 misdemeanor or a class 5 felony. If a person acts under these conditions, then they would be eligible for a class 5 felony sentence:

  • The accused uses force or the threat of force to confine or detain the victim
  • The victim is detained for longer than 12 hours
  • A person, under 18, is locked in a room where they could undergo bodily injury or serious emotional stress
  • The confinement is a part of continual cruel punishment
  • A person, under 18, is physically restrained (tying, caging, chaining, etc.) to restrict their movement and it causes bodily injury or serious emotional distress

A class 2 misdemeanor sentence consists of:

  • 3 to 12 months in Weld County Jail
  • $250 to $1,000 in fines

The class 5 felony sentence consists of:

  • 1 to 3 years in the Colorado Department of Corrections
  • $1,000 to $100,000 in fines
  • 2 years of Parole

Defenses for a False Imprisonment Charge in Longmont and Windsor

In Longmont and Windsor, when our experienced criminal defense attorneys are hired onto False Imprisonment cases, they know the proper defense strategies to employ. One way our lawyers will consider defending this charge is through questioning our client in detail about what occurred. We will explore mens rea, which is the mindset of the actor. The crime contains the word "knowingly," and it is arguable that you were not aware of what you were doing as you were more caught up in the conversation.  Depending on the details of your case, we could also argue that the 'victim' is just manipulating you and creating a false allegation. Our lawyers have seen false reporting by men and women, which occur more often than one would think. If you're being accused of False Imprisonment, don't go it alone. Contact our office today so we can begin fighting for you.

ARE YOU FACING A FALSE IMPRISONMENT CHARGE IN GREELEY OR WELD COUNTY?

Be smart and exercise your right to remain silent. Avoid talking about your case with police and anyone else. Instead, call the experienced defense attorneys at the O’Malley Law Office.

Call 970-616-6009 or fill out the Get Help Now form to meet with an experienced criminal defense lawyer

in Weld County and the Greeley area for a free consultation.

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