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- Colorado Criminal Law – Understanding An Allegation Of Stalking Behavior – The Crime Of Stalking in Colorado
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- Colorado Criminal Domestic Violence Law – Understanding The Colorado Laws Governing Dismissal In Colorado Domestic Violence Cases
- Domestic Violence Defense – How To Head Off A False Accusation Of Domestic Violence
- Colorado Domestic Violence Defense Ideas: What Legal Strategies Should My Attorney Consider To Defend Against The Restraining Order
- Trial Issues In Colorado Domestic Violence Cases
- Colorado False Imprisonment Laws and Colorado Domestic Violence Cases
- Can a Colorado Domestic Violence Victim Refuse to Testify in Court?
- Understanding The Difference Between Colorado Domestic Violence And Actual Domestic Abuse
- Colorado Criminal Law – 18-8-610 When You Tamper With Evidence -18-8-306 Attempting To Influence A Public Servant and 18-5-104 Second Degree Forgery
- Finding The Best Colorado Domestic Violence Criminal Defense Lawyer – Don’t Be “Handed Off” To Another Lawyer In The Firm – One You Did NOT Retain!
- Meeting With Your Colorado Domestic Violence Criminal Defense Lawyer For The First Time – Making The Decision To Retain A Lawyer
- Experienced Colorado Domestic Violence Criminal Lawyers in Colorado – Does Experience Really Make A Difference In A Colorado Criminal Defense Lawyer?
- Colorado Domestic Violence: An Industry
- FAQ: Colorado Domestic Violence Cases Part II
- FAQ: Colorado Criminal Law: Understanding the Impact of FEDERAL FIREARMS LAWS AND BRADY FINDINGS in Colorado Domestic Violence Cases
- Colorado Criminal Law – A Comprehensive Look at the Colorado Defense of Self Defense, Initial Aggressor Laws, Make My Day Laws and the Duty to Retreat
- Colorado Criminal Domestic Violence Laws – Couple’s or Martial Counseling NOT Allowed in Domestic Violence Treatment Programs
- Colorado Criminal Domestic Violence Sentencing Procedures and Law – What Happens In A Colorado Domestic Violence Sentencing Hearing
- Withdrawing a Guilty Plea In Colorado – Especially Colorado Domestic Violence Cases
- Attorney Profile
- H. Michael Steinberg – A Colorado Criminal Domestic Violence Lawyer Defense Lawyer
- Colorado Stalking Laws 18-3-602 – To Convict, A Defendant Does Not Need To Know That The Alleged Victim Is Suffering Serious Emotional Distress
- Key Colorado Domestic Violence Issues
- Understanding Colorado Domestic Violence Cases
- Colorado Domestic Violence Law – Searches – Consent
- Colorado Criminal Defense Law – Defending Domestic Violence Cases -Victim Recants
- Colorado Criminal Defense Law – Defending Domestic Violence Cases – Understanding Tactical and Trial Issues -Victim Recantation
- Colorado Criminal Procedure – The Steps In A Colorado Criminal Case
- Colorado Criminal Domestic Violence Law – The Impact of the Federal Violence Against Women Act in Colorado Domestic Violence Cases.
- Colorado Criminal Law – Understanding the Marital Privilege – When A Wife Is Prevented From Testifying Against Her Husband And The Reverse
- Colorado Domestic Violence Defense Lawyer – Understanding The Problem Of Identifying The Primary Aggressor In Domestic Violence Cases
- Colorado Law of Jury / Juror Misconduct – Analysis
- Colorado Criminal Law Guide – Self Defense and Domestic Violence Charges
- Colorado Criminal Law – What If I Run? – Absconding – Fleeing A Colorado Criminal Case – Evidence Of Flight At Trial
- Colorado Domestic Violence Law – The Danger Of Being Charged With False Reporting If You Change Your Testimony – C.R.S. 18-8-111
- Colorado Criminal Trial Law – Introducing Evidence Of A Defendant’s Good Character Under CRE 404 (a) – In Colorado Domestic Violence Cases
- A Denver Colorado Criminal Lawyer Helps You To Understand Colorado Criminal Restraining Orders Under 18-1-1001
- Colorado Domestic Violence Lawyer On Common Domestic Violence Defenses – Why Does She Lie?
- Colorado Domestic Violence Law Series – Bail Bonds – How Are They Set? What Criteria Is Applied?
- Why You Should Never Rush To Plead Guilty In A Colorado Domestic Violence Case – The Fast Track Trap
- Colorado Domestic Violence Cases Prosecuting With No Victim – Can They Still Go To Trial?
- Colorado Domestic Violence Lawyer On Domestic Violence And Mental Health Issues
- How DO The Police Evaluate Colorado Domestic Violence Cases? – The Law 18-6-803.6
- Understanding Colorado Domestic Violence Crimes – Wiretapping 18-9-303 C.R.S. vs Obstructing Telephone Service- C.R.S. 18-9-306.5
- How Mistakes Are Made In Colorado Domestic Violence Arrests – Predominant Aggressor Analysis
- Colorado Criminal Law – Understanding Criminal Mischief 18-4-501
- Colorado Criminal Law – Why Did My Doctor Call The Police On Me? – Physician – Psychologist Confidential Communications In Child Abuse – Domestic Violation Cases
- Colorado Domestic Violence Law – Understanding The Impact Of The Domestic Violence “Tag” Designation
- Colorado Criminal Law – Restitution Is For ALL Crimes – Not Just Plea Bargained Convictions
- Will My Child Have To Testify In My Colorado Domestic Violence Case?
- Dual Arrests – Colorado Domestic Violence Arrest Mistakes – The Predominant Aggressor Law – Revisited
- How Can I Get A False Colorado Domestic Violence Case Dismissed?
- False Charges In Colorado Domestic Violence Cases – The Ugly Divorce
- Why Aren’t Perjury Charges Filed More Often In Colorado Domestic Violence Cases?
- Police Contact in Colorado – What Are My Rights?
- Tactics and Strategies When You Are Accused of Domestic Violence in Colorado
- Colorado Criminal Law Update – Colorado May Upgrade Strangulation To A Felony – Even Without Serious Bodily Injury
- Your Colorado Criminal Defense Lawyer Must Conduct A Thorough Investigation Of Your Case To Properly Defend You
- Colorado Domestic Violence Cases – Defense Lawyers And Victim Contact
- Colorado Criminal Law – Domestic Violence Convictions & Custody Of Your Child
- Colorado Domestic Violence Law – False Reporting To Authorities – 18-8-111 – A Dangerous Law
- New 2013 Colorado Gun Law In Domestic Violence Cases Applies Further Protection / Restraining Order Restrictions On Second Amendment Rights
- Colorado Q and A – Knowing Your Constitutional Rights – The First Step In A Colorado Criminal Defense Strategy
- Colorado Restraining Orders
- How To Lift A Colorado Domestic Violence No Contact Order by Denver Criminal Defense Lawyer – H. Michael Steinberg
- Colorado Domestic Violence Permanent Civil Protection Order Laws – Title 13 and 18
- Lifting Or Modifying Colorado Civil Restraining – Protection Orders Pursuant to C.R.S. 13-14-108
- Colorado Violation Of Protection Orders Cases -18-6-803.5. The Why and The How
- Colorado Civil Protection Orders And The Loss Of The Right To Bear Firearms – 13-14-105.5
- Colorado Criminal Law – Civil Restraining Orders – Common Sense Rules When You Have a Permanent Restraining Order Pending In Court Against You
- Questions and Answers About Violation of A Restraining Order in Colorado
- Colorado Domestic Violence Cases and Restraiing Orders
- Colorado Domestic Violence Restraining Orders – The Trick -Making Me Break the Restraining Order
- Colorado Domestic Violence Issues – The Initial Steps To Take In Dealing with a Restraining Order?
- Why Police And Prosecutors Overcharge In Colorado Domestic Violence Cases
- Colorado Criminal Restitution Law – Collecting Unpaid Pre- & Post Judgement Interest – An Unfair Turn In The Law
- Colorado Criminal Domestic Violence Laws – Understanding the Crime of Stalking and Stalking Behavior
- Understanding the Crime of Stalking in Colorado – A Case In Point
- Colorado Domestic Violence No Contact Orders
- Why Police And Prosecutors Overcharge In Colorado Domestic Violence Cases
- Colorado Domestic Violence Law: Why the Police Make Immediate Arrests in Domestic Violence Cases
- Colorado Criminal Law: What Is the Crime of False Reporting All About?
- Colorado Domestic Violence Cases – How Do I Get Off Of This Ride? Discharge Standards, Risk Categories and the Completion of Court Ordered Mandated Treatment – Part I
- Colorado Domestic Violence Cases – How Do I Get Off Of This Ride? Discharge Standards and the Completion of Court Ordered Mandated Treatment – Part II
- Colorado Domestic Violence Fast Track Programs
- Colorado Law Harassment Stalking Statute
- Colorado Domestic Violence – When the Wrong Person Is Arrested
- Colorado Domestic Violence Mandatory Arrest Laws – Wrong Headed – Make No Sense
- Colorado Domestic Violence Cases – A Birds Eye View
- Child Custody and Domestic Violence Allegations – How Allegations of Domestic Violence Are Used In Colorado Child Custody Battles
- The Defense Of Anticipated False Allegations Of Domestic Violence Cases in Divorce Cases
- Colorado Criminal Domestic Violence Law – The Recanting or Reluctant Witness – Can I Refuse To Testify?
- Transferring Probation Out Of Colorado – The Interstate Compact
- Colorado Domestic Violence Treatment Requirements
- Colorado Domestic Violence Cases – The Levels of Treatment A – B – C Explored – The Colorado Domestic Violence Offender Management Board Standards For Treatment With Court Ordered Domestic Violence Offenders
- Colorado Domestic Violence Law – Understanding The Mandatory Treatment Requirement
- Colorado Criminal Law – Domestic Violence – How Colorado Courts Measure and to Predict Domestic Violence Threats – the Domestic Violence Risk and Needs Assessment (DVRNA)
- The New Colorado DV Treatment Standards
- The Colorado Domestic Violence Multi-disciplinary Treatment Team (MTT) Approach to Mandatory Domestic Violence Treatment Requirements
- Colorado Domestic Violence Cases – Re-victimizing The Victim – The Loss of Power For The Alleged Victim and The Case Against No Drop Policies
- Colorado Criminal Law Domestic Violence Right to Bear Arms
- Colorado Municipal Code Violations – City Code Criminal Charges – How Does This Work?
- Don’t They Have To Read Me My Rights? – The Meaning Of Miranda – Custodial Interrogation Under Colorado Law
- Colorado Stalking Domestic Violence Criminal Defense Lawyer Writes About Being Charged With Stalking In Colorado 18-3-601, 18-3-602
- Colorado Domestic Violence Lawyer – How To Avoid Incriminating Yourself At The Scene Of A Domestic Violence Investigation
- Colorado Domestic Violence Cases- The Arrest
- Colorado Law – Domestic Violence Assault Charges
- Colorado Domestic Violence and False Allegations of Child Abuse
- Colorado Domestic Violence Sentencing
- Colorado Domestic Violence Sentencing Law – Understanding The Restrictions on Prosecutors
- Colorado Criminal Law – Understanding The Motion For A New Trial If You Are Found Guilty – Rule 33
- Understanding Colorado’s Pre-Sentence Credit Laws – Credit For Time Served – 18-1.3-405
- Colorado Criminal Law – Understanding Colorado’s Scheme of Adult Sentencing Laws
- FAQ: Understanding Colorado’s Probation Supervision System
- Colorado Criminal Law – Asking a Judge to Change a Sentence – a Sentence Reconsideration – Under Colorado Rule of Criminal Procedure 35(b)
- FAQ: Colorado Restorative Justice – The Concept Behind A New Way Of Looking At Colorado Criminal Sentencing – Can It Work?
- Understanding Colorado Mandatory Arrest and So Called “No Drop” Prosecution Policies – The Research
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- Colorado Domestic Violence Defense – The Bullying Girlfriend – Spouse and Colorado Domestic Violence Cases *
- Colorado Criminal Domestic Violence Laws – Firearms and Domestic Violence Cases
- Colorado Criminal Domestic Violence Cases – The Role of Mental Health Assessment in Colorado Domestic Violence Cases
- Colorado Criminal Law: Victim Representation in Colorado Domestic Violence Cases
- Colorado Criminal Law: Why You Should Never Make ANY Statement to The Police During an Investigation – Miranda and Interrogation: A 2010 Update
- Colorado Criminal Domestic Violence Defense – Understanding Terms and Concepts of the Domestic Violence Evaluation and Standards
- Colorado Criminal Law – A Listing of Key Domestic Violence Laws and Related Statutes
- In Depth Articles On Domestic Violence Laws – Issues – and History
- FAQ: Domestic Violence Defense Law- The Battered Woman Syndrome and Self Defense Law in Colorado
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- Understanding When Other Past Crimes or Bad Prior Acts Are Admitted at Trial in Colorado
- Colorado Criminal Law: Attacking the Credibility of the Accused – Defendant – The Law
- Colorado Statutes of Limitations – A Deadline to File Charges
- Colorado Criminal Domestic Violence Cases – The Critical Impact of Expert Opinions On The Jury – The Battered Woman’s Syndrome And Other Issues For Expert Testimony
- Colorado Criminal Domestic Violence Law – The Unfairness Of The Admission of Evidence of Character Other Crimes, Wrongs, or Acts – The So Called 404B – Similar Transactions Evidence
- Colorado Law: A New Idea In An Old Problem – Sequential Viewing for Identification Lineups -Eyewitness Identification Methods
- Understanding The Laws, Politics And Policies Behind Domestic Violence Cases – No Room For Justice Here*
- Limits On Hearsay Evidence – Colorado Domestic Violence Cases – The Crawford Decision
- Understanding Colorado Arrest and Conviction Records
- Colorado Domestic Violence Trials – What Juries Really Think
- Colorado’s Child Abuse Mandatory Reporters Law Changed – Does NOT Include Adults
- Colorado Domestic Violence Law – Arrests for Violations of Civil Protection – Restraining Orders
- How Colorado Criminal Offenders Are Sentenced – Judges Assess Risk
- Understanding Colorado Presentence Confinement In Concurrent Felony – Misdemeanor Sentencing – § 18-1.3-405
- Domestic Violence and Syndrome Evidence
- Federal Domestic Violence Laws Overview
- Colorado Criminal Domestic Violence Resources
- 2011 Colorado Domestic Violence Treatment Providers By County
- 2011 Colorado Domestic Violence Treatment Providers By County – Jefferson County
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Colorado False Imprisonment Laws and Colorado Domestic Violence Cases
By Denver Colorado Domestic Violence – False Imprisonment Lawyer H. Michael Steinberg
- Colorado False Imprisonment Arrests
Understanding C.R.S § 18-3-303 False imprisonment
Under Colorado criminal law 18-3-303- false imprisonment as a charge is often charged in Colorado domestic violence cases. For that reason – a closer look at how the crime is proven in Colorado and defenses to a conviction for false imprisonment should be helpful to the person charged in such cases.
Here Is the Colorado Law of False Imprisonment – Colorado Statutes – § 18-3-303. False imprisonment
(1) Any person who knowingly confines or detains another without the other’s consent and without proper legal authority commits false imprisonment. This section shall not apply to a peace officer acting in good faith within the scope of his or her duties.
(2) False imprisonment is a class 2 misdemeanor; except that false imprisonment is a class 5 felony if:
(a) The person uses force or threat of force to confine or detain the other person; and
(b) The person confines or detains the other person for twelve hours or longer.
OK Then – What Exactly IS False Imprisonment?
False imprisonment is defined in Colorado and in most states as the knowing confinement of a person without legal authority or consent. Before you can be convicted of false imprisonment – the DA must prove that you “knowingly” confined the alleged victim within certain boundaries and the victim – a woman in most cases – did not give consent to be confined AND that the intended boundaries actually confined the alleged victim unlawfully.
Every case is different of course. The charge can be either a felony or a misdemeanor depending on the facts particular to a case. if: the accused uses force or threat of force to confine or detain the other person – and the accused confines or detains the other person for twelve hours or longer…. it is a felony 5.
The victim in a false imprisonment case can also file a claim in civil court for damages.
False Imprisonment Charges – An Example of A Mistakes NOT Amounting To False Imprisonment
A person who locks a room who does not know that there is another individual within the room, does not knowingly confine the individual in the room and can not have committed the crime of false imprisonment…. BUT if the person who at first does not realize he is confining another and later learns of the confinement but does not allow the person to leave, then the crime of false imprisonment is made out.
False imprisonment can occur as a result of duress, force, or threat of force. Under these circumstances consent obtained from an alleged victim by coercion or threat is not valid.
Another Example of False Imprisonment – Law Enforcement And Citizen’s Arrests
The Colorado crime of false imprisonment requires that any confinement be unlawful. Therefore almost any situation in which one person imprisons another will probably result in an unlawful confinement. The lawful confinement by a law enforcement officer making a legal arrest is not false imprisonment but if an individual pretends he has legal authority to make an arrest in order to confine another individual, this would be false imprisonment.
The defense of authorized confinement in this context – to a false imprisonment claim is when a legal arrest has been made. A lawful arrest is made by a Colorado peace officer based on probable cause or an arrest warrant. A “citizen’s arrest” can be made under very limited circumstances. A citizen’s arrest is when one or more civilians “arrest” another civilian and if the arrest is a lawful exercise of his or her legal duty to arrest of an individual that they reasonably believed had been involved in a crime, this results in a complete defense to a Colorado charge of false imprisonment.
Here is the Law in Colorado On Citizen’s Arrests
§ 18-1-707. Use of Physical Force in Making an Arrest or in Preventing an Escape
…
(7) A private person acting on his own account is justified in using reasonable and appropriate physical force upon another person when and to the extent that he reasonably believes it necessary to effect an arrest, or to prevent the escape from custody of an arrested person who has committed an offense in his presence; but he is justified in using deadly physical force for the purpose only when he reasonably believes it necessary to defend himself or a third person from what he reasonably believes to be the use or imminent use of deadly physical force.?
§ 16-3-201. Arrest by a Private Person
A person who is not a peace officer may arrest another person when any crime has been or is being committed by the arrested person in the presence of the person making the arrest.
Cite as C.R.S § 16-3-201
Improper Arrests In Colorado As False Imprisonment
If a police office has “probable cause for arrest” he cannot be civilly liable for false imprisonment. Even if the accused is later acquitted at trial for the charge for which he was arrested and imprisoned – that does not necessarily impact the issue of the lawfulness of the arrest. That is because the officer’s right to make an arrest is dependent upon the facts and circumstances in existence at the time of the arrest and is not dependent upon the outcome of a subsequent trial.
As noted – probable cause for arrest prevents liability for false imprisonment and where the police have both probable cause to believe that an offense had been committed and that the accused is the person who had committed it, he is not civilly liable for false arrest and false imprisonment under Colorado law.
Some Common Defenses To The Charge of The Crime of Colorado False Imprisonment
The there are a number of legal defenses to Colorado false imprisonment charges.
Some of the most common of these defenses include:
Defense of Yourself Or Others – If you – the accused imprison a person to protect yourself or someone else from serious bodily harm self-defense /defense of others, or if you only imprisoned the person because you were weight loss threatened or forced into doing so duress,
Consent – the alleged victim actually consented to the restraint / confinement,
Wrongful Arrest – you are the victim of false accusations and/or wrongful arrest,
Parental Rights – as a parent, you lawfully restrict or confine your child.
Mistaken identity – if you were not with the alleged victim at the time of the confinement, mistaken of identity may be a potential defense.
Lack of proof – DA or city prosecutor must prove every element of your alleged crime beyond a reasonable doubt.
The Good Faith Defense To False Imprisonment
If you can show that a specific confinement was in good faith, – that is – for the protection of the individual being confined, – even if not true in fact – the charge of false imprisonment may be defeated.
In addition to consent – other defenses include lack of evidence of confinement or legally authorized confinement such as in a jail or prison environment or a merchant confinement such as shoplifting incident.
Punishment And Consequences of False Imprisonment Charges in Colorado
Colorado Sentencing Laws LINK
As a misdemeanor – False Imprisonment is a Class 2 misdemeanor – punishable by up to one year in the county jail. As a felony – it is a Class 5 felony – punishable by up to three years in a state prison.
Additional consequences of such a conviction, in addition to possible lengthy jail or prison sentences, include future difficulty finding employment, the loss or inability to acquire or maintain professional licenses, and other collateral issues.
How Is The Crime of Kidnapping Different From The Crime False Imprisonment?
Compare Colorado Kidnapping Laws
Kidnapping requires the movement of the victim – false imprisonment is the confining of someone or causing someone to believe he or she is confined to any location, whether small or large and regardless of whether it is locked or not.
The most basic difference is that the false imprisonment need only last for a moment, like preventing a girlfriend from leaving by holding a door shut or telling someone that he or she cannot leave. This is done by using force or the threat of force. In kidnapping the victim is forcibly restrained under circumstances exposing him or her to serious bodily injury and also does requires some form of transporting the victim.
Denver Colorado Kidnapping and False Imprisonment Defense Lawyer – Colorado Kidnapping:
Here Is The Law of Kidnapping In Colorado
18-3-302. Second degree kidnapping
(1) Any person who knowingly seizes and carries any person from one place to another, without his consent and without lawful justification, commits second degree kidnapping.
(2) Any person who takes, entices, or decoys away any child not his own under the age of eighteen years with intent to keep or conceal the child from his parent or guardian or with intent to sell, trade, or barter such child for consideration commits second degree kidnapping.
(3) Second degree kidnapping is a class 2 felony if any of the following circumstances exist:
(a) The person kidnapped is a victim of a sexual offense pursuant to part 4 of this article; or
(b) The person kidnapped is a victim of a robbery.
(4) (a) Unless it is a class 2 felony under subsection (3) of this section, second degree kidnapping is a class 3 felony if any of the following circumstances exist:
(I) The kidnapping is accomplished with intent to sell, trade, or barter the victim for consideration; or
(II) The kidnapping is accomplished by the use of a deadly weapon or any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon; or
(III) The kidnapping is accomplished by the perpetrator representing verbally or otherwise that he or she is armed with a deadly weapon.
(b) A defendant convicted of second degree kidnapping committed under any of the circumstances set forth in this subsection (4) shall be sentenced by the court in accordance with the provisions of section 18-1.3-406.
(5) Second degree kidnapping is a class 4 felony, except as provided in subsections (3) and (4) of this section.
Colorado False Imprisonment and Domestic Violence
In Colorado – the crime of false imprisonment is charged mostly in situations when one person will not allow another person leave a residence. Most often both people actually reside in the home in question.
It is overcharged. The restriction on movement and liberty in false imprisonment cases must be a total restriction. I often see charges where the significant other simply restricted the women’s actions from time to time. This is not false imprisonment situation. A “feeling of captivity” is not false imprisonment. … the “sense” that you are being “held captive within your own home” is not false imprisonment. “Psychologically pressure” on you to remain captive by using emotional or verbal persuasion is not false imprisonment situation. So called “moral” pressure to “stay’ in a place or situation is not evidence of actual false imprisonment in Colorado.
Please call our law firm if you have questions about ..
Colorado False Imprisonment
H. Michael Steinberg has been a Colorado criminal law specialist attorney for 40 years (as of 2012). For the First 13 years of his career, he was an Arapahoe – Douglas County District Attorney Senior prosecutor. In 1999 he formed his own law firm for the defense of Colorado criminal cases.
In addition to handling tens of thousands of cases in the trial courts of Colorado, he has written hundreds of articles regarding the practice of Colorado criminal law and frequently provides legal analysis on radio and television, appearing on the Fox News Channel, CNN and Various National and Local Newspapers and Radio Stations. Please call him at your convenience at 720-220-2277.
If you have questions about Colorado False Imprisonment in the Denver metropolitan area and throughout Colorado, attorney H. Michael Steinberg will be pleased to answer those questions and to provides quality legal representation to those charged in Colorado adult and juvenile criminal matters.
In the Denver metropolitan area and throughout Colorado, attorney H. Michael Steinberg provides quality legal representation to those charged in Colorado adult and juvenile criminal matters…as regards Colorado False Imprisonment.
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Other Articles of Interest:
- A Comprehensive Guide To Colorado’s “False Imprisonment” Law 18-3-303 C.R.S
- Colorado Criminal Domestic Violence Law – The Recanting or Reluctant Witness – Can I Refuse To Testify?
- Colorado Criminal Law: What Is the Crime of False Reporting All About?
- FAQ: Colorado Criminal Firearms Laws – The Impact of Colorado Criminal Convictions On The Right To Bear Arms Under Federal Law
- Colorado Criminal Law – Understanding Colorado’s Scheme of Adult Sentencing Laws
