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False Imprisonment Attorney in Boulder

| Apr 8, 2019 | False Imprisonment |

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False Imprisonment in Colorado is the unlawful act of detaining another person without their consent. This offense involves forcing someone to remain in their current location and not allowing them to leave. It is a lesser offense as compared to Kidnapping, but can still be charged as a misdemeanor or felony in Boulder, Colorado. A Colorado man is currently facing charges of sexual assault, domestic violence, and false imprisonment after being accused of handcuffing two women in various locations and not allowing them to leave. Representation from a skilled false imprisonment attorney is crucial if facing charges such as these.

What is False Imprisonment in Boulder?

C.R.S. 18-3-303 describes the conduct involved in False Imprisonment in Colorado. Someone commits misdemeanor false imprisonment when they:

  • knowingly confine or detain another person,
  • without their consent and without proper legal authority

It is important to note the statute states this doesn’t apply to a peace officer acting in good faith within the guidelines of their duties. Felony false imprisonment occurs when someone:

  • uses force or threats of force to confine or detain another person,
  • and does so for 12 or more hours

Sentencing for False Imprisonment in Boulder

The consequences of a false imprisonment conviction can include significant periods of incarceration, heavy fines, and a damaging criminal record. Class 2 misdemeanor false imprisonment can result in 3 – 12 months in county jail and fines of $250 – $1,000. However, with the presence or threat of force as mentioned above, punishments of a class 5 felony can apply resulting in 1 – 3 years in the Colorado Department of Corrections and a fine of $1,000 – $100,000.

Boulder False Imprisonment Attorney

It is important to be aware of the differences between False Imprisonment and the closely related charge of Kidnapping. While they both involve detaining someone without their consent, kidnapping often includes an additional objective such as profit, trade, or abuse and transport of the victim to another location against their will. False Imprisonment, on the other hand, can include the simple act of shutting a door to a room to ensure someone doesn’t leave in the midst of a disagreement. In any case involving unlawful detainment, representation from an experienced criminal defense attorney is crucial. Whether a defendant has been falsely accused or hit with embellished charges, the facts in each case matter and need to be carefully analyzed. Our defense lawyers specialize in this insightful analysis and have demonstrated results throughout the state of Colorado.

If you or someone you know is facing false imprisonment charges, be smart. Contact the unparalleled defense attorneys at O’Malley and Sawyer at 303-731-0719. Together, we can protect your future.

Photo Credit: Pexels – George Becker