Colorado Springs False Imprisonment Attorney
Facing false imprisonment charges is undoubtedly incredibly difficult to navigate. The emotional burden and legal challenges facing you can seem overwhelming, but you don’t have to do it alone. Our experienced team is here for you every step of the way and will provide strong advocacy designed to represent your best interests.
As local Colorado Springs false imprisonment attorneys, our familiarity with the area, coupled with extensive legal knowledge and a proven record of successful outcomes, qualifies us to help during such challenging times. Contact Anaya & Chadderdon to schedule a free consultation.
Why You Need a Lawyer For Your False Imprisonment Case
Facing a false imprisonment charge without the thorough guidance of an experienced Colorado Springs defense lawyer is never a good idea. You face significant penalties, and these charges should always be taken seriously. Here’s how a lawyer can help you:
Investigate and Protect Your Rights
An experienced lawyer can conduct a comprehensive investigation to gather evidence, identify weaknesses in the prosecution’s case, and develop an effective defense strategy. They also ensure that any interactions with law enforcement or other parties involved in the case do not infringe upon your rights.
Negotiate with Prosecutors
An attorney can negotiate with prosecutors on your behalf, which may involve securing reduced charges or even having the case dismissed.
File Motions and Represent You at Trial
If a plea deal is not reached, attorneys can file necessary pre-trial motions and advocate for you in court by challenging the prosecution’s evidence and presenting arguments to counter their allegations.
With the potential severe consequences of a false imprisonment charge, teaming up with skilled legal counsel offers you the best chance of beating your charges.
What is False Imprisonment?
False imprisonment is defined as the unlawful confinement or detention of an individual without their consent. The act may occur in any location, and there is no requirement of the victim being moved like there is in a kidnapping charge.
For example, physically preventing someone from leaving a room, building, or specific area, such as blocking the only exit or locking a door is considered false imprisonment.
Colorado Springs False Imprisonment Penalties
In the state of Colorado, false imprisonment is usually categorized as a class 2 misdemeanor, imposing penalties that include up to 120 days incarceration and/or fines that can reach up to $750.
However, the charge can be escalated to a class 5 felony in the following circumstances:
“The person uses force or threat of force to confine or detain the other person; and
The person confines or detains the other person for twelve hours or longer; OR
The person confines or detains another person less than eighteen years of age in a locked or barricaded room under circumstances that cause bodily injury or serious emotional distress; and
Such confinement or detention was part of a continued pattern of cruel punishment or unreasonable isolation or confinement of the child; OR
The person confines or detains another person less than eighteen years of age by means of tying, caging, chaining, or otherwise using similar physical restraints to restrict that person’s freedom of movement under circumstances that cause bodily injury or serious emotional distress.
In this case, the penalties include between 1 and 3 years in prison and/or a fine of between $1,000 and $100,000.
False Imprisonment Legal Defenses
Building a strong defense is critical when you’re facing false imprisonment charges. Several potential legal defenses could be available to contest these charges:
Consent: If the affected person actually consented to the detainment period, this could lead to a dismissal of charges or an acquittal.
Other Person Was Free To Go: A crucial aspect of false imprisonment is the limitation of movement against the individual’s will. If it can be shown that at any point during alleged detainment, the individual was free to leave as they pleased, then this could negate a false imprisonment claim.
Peace Officer Acting in Good Faith: If you were a peace officer and detained someone in good faith, you should not be convicted of this crime.
Contact Anaya & Chadderdon To Schedule a Free Consultation
Facing false imprisonment accusations can be a highly stressful and complex situation. Due to its seriousness, having a strong defense strategy is key in protecting your rights and freedom. If you need help with this or any other criminal charge, don’t hesitate to contact Anaya & Chadderdon to schedule your free consultation.