Sometimes, when a person is accused of domestic violence or sexual assault, they may simultaneously be charged with false imprisonment. This criminal offense relates to detaining another person’s movements. It is also sometimes charged as a lesser offense to kidnapping. These serious charges call for the assistance of an experienced Lakewood domestic violence defense attorney.
What Is False Imprisonment in Colorado?
Colorado Revised Statutes 18-3-303 states that it is illegal to detain another person without their consent and without legal authority. This crime is typically classified as a class 2 misdemeanor, but it can be charged as a class 5 felony if the defendant does any of the following:
- Uses force or the threat of force to detain the other person for twelve or more hours
- Detains a person under 18 in a locked or barricaded room in a way that causes bodily injury or serious emotional distress and that action was part of a continued pattern of cruel punishment
- Detains a person under 18 by tying, caging, chaining, or otherwise using physical restraints to restrict their freedom of movement in a way that causes bodily injury or serious emotional distress
An experienced Lakewood sexual assault defense attorney can review the charges against you and build an effective defense strategy on your behalf.
What Are the Penalties for False Imprisonment?
If false imprisonment is charged as a class 2 misdemeanor, the potential penalties are three to twelve months in jail and a fine of up to $1,000. If the offense is charged as a felony, you can face up to three years in state prison and a fine of up to $100,000. If the facts warrant it, this conviction can count as a domestic violence crime, which can bar you from certain types of employment and make you subject to removal if you are an immigrant.
Are There Defenses to False Imprisonment?
When you hire a seasoned Lakewood criminal defense lawyer, they can investigate your case and identify the best defenses to raise in your case. Possible defense arguments may include:
- You were falsely accused of the crime.
- The other person consented to be detained.
- The other person was free to go.
- You are a peace officer acting in good faith or with proper legal authority at the time of the alleged offense.
The potential defense you raise will depend on the facts and circumstances of your case.
The prosecution has the heavy burden of showing you committed every element of the offense. We will work diligently to show they have failed to meet this burden.
Contact The Law Office of Elaine E. Lukic for a Confidential Case Review
If you are facing false imprisonment charges, it’s crucial that you hire an experienced attorney. Elaine E. Lukic is a former criminal prosecutor, so she knows how the other side prepares their case – and how to defeat them. She can listen to your story and explain the defenses that she can raise on your behalf. Contact us today at (888) 565-2217 to set up a confidential consultation.