False Imprisonment is charged in Greeley and Weld County when a person is accused of stopping another from leaving an area or room without consent. A principal was recently charged with this crime, along with Child Abuse, after he was caught on camera harming a student. According to the report, the school secretary saw surveillance footage of the incident and immediately called the owner of the school. Law enforcement was contacted and when the footage was reviewed, it showed the principal putting the student in a chokehold, falling on him, poking and grabbing him, and hitting him with a cable. It was reported he would not allow the child to leave the room. The principal claimed that he was trying to stop the student from harming himself, as he had allegedly expressed suicidal ideations, so he wouldn’t let him leave.
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How is False Imprisonment Charged in Platteville?
In Platteville and across Weld County, False Imprisonment – C.R.S. 18-3-303 – is charged as follows:
There is an affirmative defense for False Imprisonment charges – Use of Physical Force (Special Relationships). Basically, a person is allowed to use physical force under certain circumstances with certain people. A teacher is able to use physical force to stop a student from leaving the room when it is ‘’reasonable necessary and appropriate to maintain discipline or promote the welfare of the child.” This protection would extend to a parent or guardian as well. A person could also use this defense if they were attempting to stop another from committing suicide or harming themselves.
Penalty for a Greeley False Imprisonment Conviction
False Imprisonment is generally charged as a class 2 misdemeanor in Greeley, Colorado. This level misdemeanor is punishable by up to 120 days in the Weld County Jail. False Imprisonment can be charged as a felony if the following aggravators apply:
- The person uses force or threat of force to confine or detain the other person; and
- The person confines or detains the other person for twelve hours or longer; or
- 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
- Such confinement or detention was part of a continued pattern of cruel punishment or unreasonable isolation or confinement of the child; or
- 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.
Based on the information provided in the article, if the student alleges that this behavior happened more than once, the principal could face the felony False Imprisonment charge.
If you or someone you love has been charged with False Imprisonment, be smart, exercise your right to remain silent and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
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