False Imprisonment Lawyer in Greeley, Colorado

Top Weld County Criminal Defense Lawyer + Domestic Violence

False Imprisonment, C.R.S. 18-3-303, is labeled a person and violent crime in Greeley, Colorado, that is charged when one person detains another person without their consent.  In most cases, this crime is charged over simple misunderstandings – especially between significant others or spouses.  When an intimate relationship is involved, the person arrested and charged with False Imprisonment is also charged with Domestic Violence (see more below).  All it takes to be charged with False Imprisonment with or without Domestic Violence is to block a doorway to prevent another person from leaving during an argument.  This small act can then result in criminal penalties if you are convicted, including Weld County Jail time.  Regardless of the facts surrounding your False Imprisonment case, it is always vital that you contact a top criminal defense lawyer to represent you at the Weld County Courthouse.

Weld County Court Definition of False Imprisonment, C.R.S. 18-3-303

False Imprisonment, C.R.S. 18-3-303, is defined by the Weld County Court as:

Any person who knowingly confines or detains another without the other’s consent and without proper legal authority commits false imprisonment.

In Weld County, you can be charged with False Imprisonment for doing as little as standing in front of a doorway to prevent another person from leaving.  This often takes place when two people who are in an intimate relationship have an argument, and one partner prevents the other from leaving.

Domestic Violence and False Imprisonment Charges in Greeley, Colorado Court

If the alleged victim of a False Imprisonment case in Greeley is in an intimate relationship with the defendant, the defendant will also be given a Domestic Violence / DV sentence enhancer.  This has several implications.  When the police are dispatched to the scene, they will be required by Colorado law to make an arrest if there is probable cause.  If the defendant is convicted of False Imprisonment, they will not only face penalties for that charge, but they will also face additional penalties for the Domestic Violence enhancer.  These penalties are significant, especially because they apply even if the situation involves a petty argument between a boyfriend and a girlfriend.  Usually, a person convicted of a crime of Domestic Violence must pay for and complete DV treatment, relinquish their firearms, and refrain from contacting their significant other and any children they may have together.  If a permanent DV conviction results, the defendant will not be allowed to possess firearms again.

False Imprisonment vs. Kidnapping, C.R.S. 18-3-301+ in Weld County

In Weld County, both False Imprisonment and Kidnapping, C.R.S. 18-3-301+, involve unlawfully detaining another person against their will.  In general, the difference is that Kidnapping involves seizing a person and moving them from one place to another, without their consent.  False Imprisonment only involves confining or detaining a person against their will, and does not include taking that person to another location.  For this reason, False Imprisonment is a less severe crime than both First Degree Kidnapping and Second Degree Kidnapping, although they retain some similarities.

Misdemeanor vs. Felony False Imprisonment in Greeley

False Imprisonment is a class 2 misdemeanor in most cases in Greeley.  In some cases, however, False Imprisonment may be charged as a class 5 felony.  False Imprisonment is a felony when:

  • The defendant used threats or force to confine the victim.
  • The victim was confined or detained for 12 hours or more.
  • A child under the age of 18 was confined or detained in a locked or barricaded room, causing the child severe emotional distress or bodily injury.
  • A child was confined or detained as part of a pattern of cruel punishment or unreasonable isolation.
  • A child under 18 years of age was confined or detained with physical restraints.

Penalties for False Imprisonment:

Incarceration at the Weld County Jail / Colorado Department of Corrections, Fines, and Others

Penalties for a conviction of False Imprisonment depend on whether the defendant was charged with a misdemeanor or felony.  Penalties for each are outlined in the table below:

Misdemeanor

Felony

Domestic Violence Enhancer
  • Up to 120 days in the Weld County Jail
  • Fine of up to $750
  • Restitution, if applicable
  • 1 to 3 years in the Colorado DOC
  • $1,000 to $100,000 in fines imposed by the Weld County Court
  • 2 years of mandatory parole following incarceration
  • Requirement to relinquish all firearms and ammunition
  • Restitution, if applicable
  • No possession of firearms
In addition to penalties for conviction of felony or misdemeanor False Imprisonment:

Charged with False Imprisonment?  Talk to a Top Weld County Defense Lawyer Today

If you have been accused of False Imprisonment, it is essential that you talk to a top Weld County criminal defense lawyer today.  Whether you were charged with misdemeanor or felony False Imprisonment, the penalties that you may have to face if you are convicted are too severe.  Don’t risk facing a ruthless District Attorney alone - retain an experienced criminal defense attorney who will help you protect your future at the Weld County Court.

Have you been charged with False Imprisonment?  Be smart, and exercise your right to stay silent.  Do not talk to the Greeley Police or Weld County Sheriff, or contact the alleged victim of the case.  Instead,  call 970-616-6009 to discuss your case with a criminal defense lawyer with over 30 years of experience at the O’Malley Law Office today.  Together, we can protect your future.

The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!

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