Douglas County False Imprisonment Compared to Kidnapping: What is the Difference?
Jefferson County and Douglas County are two places where we often see both False Imprisonment charges and Kidnapping charges. The difference between the two can be significant, with Kidnapping the more severe. False Imprisonment involves keeping someone in a place where they already were, while Kidnapping involves movement: talking someone from one place to another, against their will. When the motive for moving someone involves profit or sexual assault, Kidnapping becomes one of the most harshly punished crimes in Colorado. If someone is charged with a minor Kidnapping for moving someone from one room to another, they might end up with a False Imprisonment conviction under special circumstances. What is Colorado False Imprisonment?
Domestic Violence and False Imprisonment in Adams County
While locking someone in a basement for days can result in felony charges – that is not the normal case for the Adams County False Imprisonment charges we commonly see. Our defense attorneys see the typical case charged as domestic violence, and results from someone blocking an exit to a room or home during an argument. One party wants to leave and the other wants them to stay and talk. When police are called, something this simple will result in misdemeanor False Imprisonment, and possibly a night in the Adams County Jail.
Definition of False Imprisonment in Arapahoe County, Colorado Courts
The legal definition for False Imprisonment is found at C.R.S. 18-3-303, and reads as follows:
“Any person who knowingly confines or detains another without the other’s consent and without proper legal authority commits false imprisonment.”
Sentence for False Imprisonment as a Felony and a Misdemeanor in Denver
When force or a threat of force is involved, plus detaining someone for 12 or more hours, False Imprisonment is charged as a class 5 felony in Denver, and up to 3 years in prison. The lesser version of False Imprisonment occurs when there is no force or threat of force, and a shorter detainment. This results in a class 2 misdemeanor and up to one year in the Denver County Jail.
False imprisonment during a heated argument may seem like a reasonable step to preserve a relationship. Yet, we can’t force anyone to stay and talk – they are free to leave. If the police come to your house, they may charge you with False Imprisonment. Be quiet and don’t give a statement: you may be admitting to committing this crime. Call our defense lawyers at 303-731-0719, and learn more about your case. Together, we can protect your future.