Are you facing a False Imprisonment charge in Weld County? It is important that you have Weld County’s leading defense attorneys to get the charges against you dismissed. Recently, a Cherry Creek School Administrator found himself facing charges of False Imprisonment and an Unlawful Sexual Contact Against an At-Risk Adult. He is accused of visiting his elderly neighbor’s house after she had surgery and forcing himself upon her. False Imprisonment is when a person is detained without his or her consent. The attorneys at the O’Malley Law Office have over 30 years of experience working with the Weld County prosecutors for the benefit of our clients. Below, our attorneys discuss False Imprisonment and what happens when you face this charge. If you have an accusation of False Imprisonment in Larimer County, get help here.
What is the Legal Definition of False Imprisonment, C.R.S. 18-3-303, in Greeley, Colorado?
In Greeley, the definition of False Imprisonment, C.R.S. 18-3-303, is:
(2) False imprisonment is a class 2 misdemeanor; except that false imprisonment is a class 5 felony if:
(a)(I) The person uses force or threat of force to confine or detain the other person; and
(II) The person confines or detains the other person for twelve hours or longer; or
(b)(I) 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
(II) Such confinement or detention was part of a continued pattern of cruel punishment or unreasonable isolation or confinement of the child; or
(c) 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.
(3) Notwithstanding section 13-90-107 or any other provision of law, the statutory privilege between a patient and a physician or between an individual and his or her spouse is not available for the purpose of excluding or refusing testimony in any prosecution for a violation of this section where the conditions described in subsection (2)(b) or (2)(c) of this section are alleged.
(4) Nothing in this section limits the ability of a person to assert the affirmative defense described in section 18-1-703.
In the above story, if it can be proven that the school administrator blocked the woman from leaving any location, then he could be convicted of the False Imprisonment charge.
How is False Imprisonment Different than Kidnapping in Weld County?
False Imprisonment is different that Kidnapping in Weld County because the person being detained against their will does not need to be moved, when facing a False Imprisonment charge. To get charged with Kidnapping, the movement can be of a small distance – even from one room to another. For example, if a John was having a fight with his girlfriend and he was barricading or blocking her from leaving her apartment, he could be charged with False Imprisonment. However, if John were to force or move his girlfriend to his car, another apartment, or even the basement of her apartment or condo, then he could face 2nd Degree Kidnapping charges. To find out more about Kidnapping in Colorado, get help here.
It is also important to note that False Imprisonment can sometimes be a plea bargain alternative to a Kidnapping charge.
What is the Possible Sentence and Penalty for False Imprisonment Conviction in Greeley and Windsor, Colorado?
In Greeley and Windsor, Colorado, a False Imprisonment conviction under C.R.S. 18-3-303 is usually a class 2 misdemeanor with penalties of up to 120 days in the Weld County Jail and/or a fine of up to $750. False Imprisonment can be a class 5 felony if:
• the victim was detained for more than 12 hours and threats or force was used,
• the victim is under 18 and in a locked or barricaded room under circumstances that cause bodily injury or serious emotional distress, and the False Imprisonment was part of a pattern of cruel punishment,
• the victim is under 18 and confined by physical restraints under circumstances that cause bodily injury or serious emotional distress.
Class 5 felony penalties are 1-3 years in Colorado State Prison, $1,000 to $100,000 in fines, and a mandatory 2-year parole.
Facing a False Imprisonment Charge? Hire a Leading Weld County Criminal Defense Attorney
When you are facing a False Imprisonment charge, it is important to hire a top criminal defense attorney and one who will aggressively fight to defend you. Some common defenses against a False Imprisonment charge can be that they victim was free and not really detained or the alleged victim is your child and for their health, safety and protection needed to be detained because they kept running away from home. Of course, the duration of a child’s detainment must be reasonable for the parental purposes asserted. The O’Malley Law Office attorney’s will thoroughly learn the details of your case in order to fight for you.