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False Imprisonment in Denver, Colorado | Questions and Answers

False Imprisonment in Denver, Colorado | Questions and Answers

Posted by Kyle B. Sawyer | Oct 03, 2018 | 0 Comments

What is False Imprisonment in Denver?

In Denver and throughout Colorado, False Imprisonment is defined in C.R.S. 18-3-303 as “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.”

What is the Penalty for False Imprisonment in Arapahoe County?

False imprisonment is a class 2 misdemeanor (except for special circumstances – see next section) in Arapahoe County. The penalty for a class 2 misdemeanor in Colorado is anywhere from 3 – 12 months in jail and/or a fine between $250 – $1,000.

When is False Imprisonment Charged as a Felony in Douglas County?

In Douglas County, False Imprisonment becomes 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; 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. (C.R.S. 18-3-303)

Is False Imprisonment the Same Thing as Kidnapping in Jefferson County?

No. In Jefferson County False Imprisonment and Kidnapping are separate crimes. While False Imprisonment involves confining or detaining someone without their consent, Kidnapping is defined in C.R.S. 18-3-301 (First degree kidnapping) as

“Forcibly seizes and carries any person from one place to another; or Entices or persuades any person to go from one place to another; orImprisons or forcibly secretes any person” with the intent to “force the victim or any other person to make any concession or give up anything of value in order to secure a release of a person under the offender's actual or apparent control”.

Second Degree Kidnapping is defined as “Any person who knowingly seizes and carries any person from one place to another, without his consent and without lawful justification” or “Any person who takes, entices, or decoys away any child not his own under the age of eighteen years with intent to keep or conceal the child from his parent or guardian or with intent to sell, trade, or barter such child for consideration” (C.R.S. 18-3-302).

Do I Need a Lawyer for False Imprisonment Charges in Adams County?

Yes. A lawyer is vital to your defense for False Imprisonment charges in Adams County. A class 5 felony charge of False Imprisonment has a maximum sentence of 3 years in prison and a $100,000 fine, with the ability to hurt your future. If facing charges, speak to an experienced lawyer today at 303-830-0880. Together, we can protect your future.

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About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.

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If you or a loved one is facing criminal charges in the Denver area, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers at O’Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation

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