Closely related to Kidnapping, Colorado’s False Imprisonment charge often occurs in Domestic Violence Harassment cases. Seeking to heighten the potential punishment against a man for holding a woman in place or not letting her leave a room, police in Adams and Jefferson County frequently charge this misdemeanor offense.
The Elements of False Imprisonment, C.R.S. 18-3-303:
This Colorado misdemeanor crime occurs:
- When a person knowingly confines or detains another;
- Without the other’s consent or proper legal authority.
Potential Punishment / Penalty for This Crime:
This crime is usually charged as a class 2 misdemeanor, with up to twelve months in jail. If force or the threat of force are involved, or if the person is held for longer than 12 hours, the crime morphs into a class five felony, where up to three years of prison is a possible sentence. Of course, the court can always impose probation without any jail time. If charaged as Domestic Violence False Imprisonment, the state’s mandatory DV classes will be part of the court’s sentence. Read more about False Imprisonment.
Practical Circumstances Where We See this Crime
Men and women often get into arguments, slaps and pushing matches. Once the Westminster, Arvada or Lakewood Police are called, police carefully scrutinize what the “victim” says occurred, fishing for evidence of False Imprisonment. We have frequently seen officers asking victims leading questions or planting the answer they desire to support this crime. An angry woman is looking for ways to hurt her opponent and to please police. In this way, she can avoid any possibility of being charged herself.
In some instances, Victims Advocates come on scene and make suggestions for what the woman should say to strengthen the case against her husband. If a woman is reluctant, some Colorado Department of Human Services case workers have even threatened to take children away from the wife unless she “cooperates”.
You must realize that criminal charges are not a game. They are high stakes and your freedom is at stake. We have defended men and women charged with False Imprisonment for over 20 years. And, we fight to win. Never speak to the police – they are not your friend. Instead, exercise your right to remain silent and call the experienced False Imprisonment Lawyers at the O’Malley Law Office. Together, we can protect your future.