When a person detains or holds a man or woman in Weld County, they can be charged with False Imprisonment. The False Imprisonment attorneys at the O’Malley Law Office know that when a person faces a criminal charge, it is important to have skilled representation who understands the facts and charges of your case. We’re able to spot weaknesses in the government’s case and exploit those to your advantage. Below, our defense attorneys will discuss 5 things you need to know about False Imprisonment. If you are facing these charges in Fort Collins or Weld County, get help here.
5 Things to Know About False Imprisonment:
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#1. Colorado Legal Definition of False Imprisonment, C.R.S. 18-3-303
The legal definition of False Imprisonment, C.R.S. 18-3-303, in Colorado is:
(1) 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.
This definition is very broad and can easily apply to many actions. A couple may be having a fight and the husband prevents the wife from leaving the house because he wants to talk, or a man blocks a woman in his car to yell at her for taking his spot. Having an experienced attorney to navigate these charges is important for the best outcome. The government has attorneys to put you in jail, shouldn’t you have a criminal defense lawyer on your side?
#2. Difference Between False Imprisonment and Kidnapping in Greeley, Colorado
In Greeley and around Colorado, Kidnapping and False Imprisonment are often confused. I It is important to know everything about the criminal charges you are facing. A ticket or summons is only an allegation. The difference between these two criminal charges is really quite simple: it is the word “movement.” In False Imprisonment crimes, the definition involves detaining someone without their consent and in a Kidnapping charge, the definition involves moving a person from one location to another without their permission (and, of course, detaining them against their will). While both False Imprisonment and Kidnapping can be charged in a crime, they are two different criminal charges with this simple difference.
#3. Weld County False Imprisonment and a Domestic Violence Sentence Enhancer
Couples and people who have been in an intimate relationship in Weld County can not only face a False Imprisonment charge if they are fighting and one doesn’t let the other leave, but they can also face an added Domestic Violence Sentence Enhancer. It is important to note that a DV charge is not a crime in itself, but rather is a Sentence Enhancer. This means that an underlying crime like False Imprisonment, is heightened, and then the penalties will be more severe. Our lawmakers feel that crimes against lovers should be punished more severely. ,To learn more about a DV charge go here.
#4. Sentence and Penalties of False Imprisonment in Windsor, Colorado
In Windsor and across Colorado, if no threats or force were used in the commission of a False Imprisonment crime, the sentence is a class 2 misdemeanor with penalties of up to 120 days in the Weld County Jail and a fine of up to $750. If the defendant is convicted and it is proven that they used force or threat, then the sentence is for a class 5 felony with penalties that include 1 – 3 years in a Colorado State Prison, and / or a fine of $1,000-$100,000.
#5. Why Hire a Top Weld County False Imprisonment Attorney?
Are you facing a False Imprisonment charge in Weld County? Hiring a top defense attorney is the first step to a successful outcome in your case. Our 30 years of experience in False Imprisonment and other criminal cases will help you win your case. We’re always evaluating whether you can win at trial, or if it is better to seek out a fair plea bargain. Let our attorneys help you navigate the Weld County Court system.