Colorado False Imprisonment Laws

Handcuffed convict awaiting sentence

Were you wrongly charged with false imprisonment in Colorado? It is a serious charge and you should get help from our criminal defense attorneys to pursue the best potential outcome in your case.

What Is False Imprisonment in Colorado?

Colorado false imprisonment laws, covered under CRS 18-3-303, define false imprisonment as knowingly confining or detaining another person without their consent or the proper legal authority. A falsely imprisoned person might be restrained by a physical barrier, physical force, or improper legal authority. Furthermore, threatening to harm the detainee’s family if they escape could also be considered false imprisonment.

Is False Imprisonment a Felony in Colorado?

Under Colorado law, false imprisonment can either be a misdemeanor or a felony.

False imprisonment is generally a class 2 misdemeanor and carries the following penalties:

  • A fine of up to $750
  • Up to 120 days in jail

However, false imprisonment can be a class 5 felony if the following apply:

  • The person accused of false imprisonment uses force or threat of force to confine or detain another person and confines that person for 12 hours or more, or
  • The person accused of false imprisonment confines or detains a minor in a locked or barricaded room, resulting in bodily injury or serious emotional distress, and the confinement is part of a pattern of cruel punishment, or
  • The person accused of false imprisonment confines or detains a minor using tying, caging, chaining, or other physical restraints, resulting in bodily injury or serious emotional distress.

The penalties for a class 5 felony include:

  • Fines between $1,000 and $100,000
  • One to three years in prison

What Are the Best Potential Defenses to the Charge?

If you have been charged with false imprisonment, you need a solid defense strategy to fight the charges. Some of the most common potential defenses to the charge of false imprisonment include the following:

  • You were defending yourself or defending the detainee against a third party.
  • The detainee consented to the confinement.
  • The evidence is insufficient to prove the elements of false imprisonment.
  • You were under duress or threats.
  • You had the legal right to detain or confine the detainee.
  • You were concerned that the detainee would harm themselves if they were permitted to leave.

Can False Imprisonment Be a Plea Bargain for Kidnapping Charges?

Yes, our criminal defense lawyers may be able to negotiate a lesser charge of false imprisonment if a person is charged with kidnapping. Our experienced attorneys can review the facts of your case, apply the law, and determine the best defense strategy, which may involve a plea bargain.

Get Help from Our Colorado False Imprisonment Criminal Defense Lawyers

Are you facing false imprisonment charges in Colorado? If so, contact Peakstone Law Group, LLC, today for a free and confidential consultation with an experienced Colorado false imprisonment criminal defense lawyer. We stand ready to help you fight for your liberty and your future.