What is False Imprisonment? (C.R.S. 18-3-303)
The crime of False Imprisonment is defined as intentionally restricting the movement of another person without his or her consent and without legal authority. Examples could be putting someone in a headlock, not allowing them to pass, locking them in a room, or simply blocking their exit. Even though an individual might not mean to “imprison” another person, a District Attorney in Denver County will charge you with this crime anyway.
False Imprisonment can be charged after putting someone in a headlock, or blocking a doorway.
Consequences of False Imprisonment in Colorado
False Imprisonment is usually charged as a class 2 misdemeanor, which is punishable by up to one year in jail. However, when force or threat of force is used and the victim is held longer than 12 hours, it is considered a class 5 felony in Jefferson County with a possible sentence of 3 years in prison.
- Class of Crime - Sentence
- Class 2 Misdemeanor - Up to 1 Year in Jail
- Class 5 Felony - Up to 3 Years in Prison
An Example of False Imprisonment:
Often, a person is charged with “imprisoning” someone during a Domestic Violence dispute. A husband might block a door in order to end an argument, which restricts the wife from moving freely. She is not hurt, but is simply not able to leave. Police in Adams County will charge the husband with this crime as readily as if he had committed Harassment, C.R.S. 18-9-111.
Criminal Defense Lawyers: O'Malley and Sawyer, LLC
Our criminal defense attorneys at O'Malley and Sawyer have represented individuals in Arapahoe County and surrounding counties who have been accused of the crime of False Imprisonment. Often, the crime The attorneys at our office have successfully defended clients charged with False Imprisonment.was committed accidentally on the part of our client. The best way to avoid False Imprisonment charges is give a person his or her personal space. Do not confine or restrict movement in anyway. If you or the other person becomes angry, take a walk. Cool down. After both parties have had a chance to calm down, come back and talk about the issue on which you are disagreeing. It is easy to be charged with crimes against another person.
Put your future in the hands of an experienced attorney; contact us for a free consultation.
The Importance of Working with an Experienced Lawyer in Denver
If you or someone you know has been charged with the crime of False Imprisonment, exercise your right to remain silent. Instead of speaking with the police in Denver, Aurora, or Thornton, give the best criminal defense attorneys at O'Malley and Sawyer a call. We will work hard and determine the best defense for your case. Working together, we can uncover the truth and save your future.
Colorado False Imprisonment Statute – C.R.S. 18-3-303
“Any person who knowingly confines or detains another without the other's consent and without proper legal authority commits false imprisonment. This section shall not apply to a peace officer acting in good faith within the scope of his or her duties.(2) False imprisonment is a class 2 misdemeanor; except that false imprisonment is a class 5 felony if:(a)The person uses force or threat of force to confine or detain the other person; and(b) The person confines or detains the other person for twelve hours or longer.”