In Greeley and the rest of Colorado, if you unlawfully detain a person, you can face the criminal charge of False Imprisonment. Recently, a sheriff deputy was civilly convicted of False Imprisonment after being criminally acquitted of Kidnapping and other charges. The Sheriff was accused of transporting the woman to his personal house instead of jail and assaulting her there. Below, our attorneys will discuss the criminal charges of False Imprisonment and the difference between it and Kidnapping. If you are facing False Imprisonment or Kidnapping charges in Fort Collins or Weld County get help here.
Weld County Legal Definition of False Imprisonment, C.R.S. 18-3-303
The legal definition of False Imprisonment, C.R.S. 18-3-303, in Weld County 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 simply means that even though he was a law enforcement officer, who does have legal authority to detain someone, he was not acting within his capacity as an officer when he brought the woman to his home. Another situation where an unexpected charge of False Imprisonment might result due to its broadness, might involve a fight with another person, where that person is not allowed to leave a room. This is especially true in intimate relationships, where an additional factor of the Domestic Violence (DV) Sentence Enhancer could be added. Learn more about Domestic Violence here.
Difference Between Kidnapping and False Imprisonment in Windsor or Ault, Colorado
It is always worth knowing the difference between Kidnapping and False Imprisonment, in Windsor or Ault. That difference can be summarized as movement. In a False Imprisonment charge, the person being detained does not need to be moved anywhere – just prevented from moving about as they please. However, with a Kidnapping charge, the “victim” needs to be moved against their will. The measurement of movement in a Kidnapping charge can be only a small distance – even from one room to another. While it is uncertain why the Sheriff was charged with False Imprisonment and not Kidnapping in the above story, it is important to note that False Imprisonment can sometimes be a plea bargain alternative to a Kidnapping charge. Much less of a penalty is at stake.
Possible False Imprisonment Sentence and Punishment in Weld County
The penalties of False Imprisonment in Weld County are dependent upon whether the use of force or threats were used during the incident. The low-end 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 there were no threats or force used. If the defendant is accused and convicted of using threats or force, it would be 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.
Hire a Top False Imprisonment Greeley, Colorado Lawyer
Facing a False Imprisonment charge in Greeley? Hire a top criminal defense lawyer who can get you the best outcome in your criminal case. Your defense lawyer will help you know and understand the charges you are accused of. Then we’ll put our more than 30 years experience in criminal defense to work for you with our skilled attorneys fight for your freedom.