A false imprisonment charge under Colorado law is serious. It can be filed as a misdemeanor or a felony. If the case involves a domestic relationship, it will also carry a domestic violence designation that changes bond conditions, firearm rights, and sentencing exposure.
At McDowell Law Firm, we defend false imprisonment cases throughout El Paso County and Teller County (4th Judicial District). As a former Deputy District Attorney, I know how these cases are charged, how prosecutors build them, and where they fall apart.
Call 719-227-0022 for a free consultation.
Don’t wait—speak with a false imprisonment lawyer today before your case moves forward.
A lot of people charged with false imprisonment think they can explain their way out of it. They want to tell their side of the story, clear up the misunderstanding, and move on. I understand that impulse to talk to police.
But the criminal process does not work that way, and attempting to navigate it without an attorney almost always makes things worse.
False imprisonment under C.R.S. 18-3-303 is a charge that can be a misdemeanor or a class 5 felony, depending on how it was committed. The specific facts determine the charge level, and the prosecution’s characterization of those facts is not always accurate.
Here is what having an experienced Colorado Springs false imprisonment attorney actually changes:
The elements of false imprisonment are deceptively simple on paper. Knowing confinement, without consent, without legal authority. But each of those elements involves legal nuance that the prosecution has to prove beyond a reasonable doubt, and each one can be challenged.
The line between a lawful request that someone stay and talk, and an unlawful confinement, is not always obvious. Courts have grappled with it for decades. The question of whether consent was given, implied, or withdrawn, and whether the defendant actually knew they were confining someone against their will, are factual and legal disputes that require someone who knows how to fight them.
The risks of getting this wrong are substantial. A class 5 felony false imprisonment conviction carries one to three years in the Department of Corrections, fines up to $100,000, a mandatory parole period if you receive a prison sentence, and a felony record.
Even at the misdemeanor level, a conviction affects your record, your employment, and in domestic violence cases, your firearms rights and custody situation for years. You could also be on probation for years. These are not risks worth taking without proper representation.
The prosecution principally builds its case from a police report that reflects one perspective: the alleged victim’s. That report rarely captures the full picture. A defendant’s statements will definitely be included if they are incriminatory. The police report is the primary outline for your prosecution. And that is only as good as the investigation.
An attorney who is actually working your case will investigate what happened independently. Get your side, review bodycam, 911 calls, interview witnesses, etc.
Witness credibility is also a major factor in false imprisonment cases. The alleged victim is typically the prosecution’s primary witness. If that person has a history of making exaggerated accusations, a motive to fabricate, or a pattern of inconsistent statements, that information is relevant and it belongs in front of the jury or the prosecutor during negotiations.
Most criminal cases resolve through negotiation before trial. That is as true for false imprisonment as it is for any other charge. But effective negotiation requires leverage, and leverage comes from understanding where the prosecution’s case is weak.
If the alleged victim’s account has credibility problems, if the evidence of knowing confinement is thin, or if the conduct does not clearly meet the statutory definition, those weaknesses become tools in a negotiation.
I know how Colorado Springs Prosecutors evaluate cases, what arguments move them, and what a realistic resolution looks like for a given set of facts.
Before any trial, there are legal challenges that can fundamentally alter a case or end it entirely. If law enforcement violated your Fourth Amendment rights during the investigation or arrest, a motion to suppress can exclude that evidence from trial.
These pretrial challenges require knowledge of both the law and the specific procedural culture of El Paso County courts. They are not things you can file effectively without legal training and local experience.
But when they succeed, they can reduce a felony to a misdemeanor, exclude the prosecution’s strongest evidence, or force a dismissal before the case ever reaches a jury.
Most cases do not go to trial. But some do, and if yours does, the quality of your representation at trial is everything. A jury trial on a false imprisonment charge means the prosecution has to prove every element beyond a reasonable doubt to six (County court) to twelve (District Court) people.
Cross-examining the alleged victim effectively, presenting your own evidence, delivering a closing argument that creates reasonable doubt, and navigating the rules of evidence in real time are skills that take years to develop.
Get the defense you need—contact a trusted false imprisonment lawyer in Colorado Springs today.
False imprisonment can be charged at two levels.
Applies when there is unlawful confinement without force, threats, or intimidation.
Penalties:
• Up to 120 days in county jail
• Up to $750 in fines
Applies when the restraint is committed by use of force, threats, or intimidation.
Penalties:
• 1 to 3 years in the Colorado Department of Corrections
• 2 years mandatory parole
• $1,000 to $100,000 in fines
Here is the language of C.R.S. § 18-3-303, which explains when false imprisonment becomes felony level:
False imprisonment is a class 2 misdemeanor; except that false imprisonment is a class 5 felony if:
(a)
Intentionally left blank —Ed.
(I)
The person uses force or threat of force to confine or detain the other person; and
(II)
The person confines or detains the other person for twelve hours or longer; or
(b)
Intentionally left blank —Ed.
(I)
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
(II)
Such confinement or detention was part of a continued pattern of cruel punishment or unreasonable isolation or confinement of the child; or
(c)
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.
If the alleged victim is a current or former intimate partner, the charge carries a domestic violence designation under C.R.S. § 18-6-801.
Domestic violence is not a separate crime and does not change the felony or misdemeanor level. However, it triggers:
Violating a protection order is a separate criminal offense.
Every case is fact-specific, but common defenses include:
The statute requires knowing conduct. Miscommunication or momentary conduct without intent to restrain may not meet the standard.
If the alleged victim voluntarily remained, there is no false imprisonment.
Colorado law allows limited detention in certain contexts. For example, merchants may detain suspected shoplifters in a reasonable manner and for a reasonable time under C.R.S. § 18-4-407.
The prosecution must prove each element beyond a reasonable doubt.
Unlawful searches, illegal seizures, or improper custodial interrogation can lead to suppression of evidence.
No two false imprisonment cases are the same, and I do not treat them as if they are. The defense strategy depends entirely on the specific facts, the specific evidence, the specific alleged victim, and the specific charge.
What I can describe is the process we use to build that strategy in every case.
The first thing I do in any false imprisonment case is read everything: the police report, the arrest affidavit, any recorded statements, the communications between the parties, and any other documentation that exists.
Then I talk to my client in detail about what actually happened, from their perspective, from the beginning. The gap between what is in the police report and what actually occurred is often significant, and that gap is where the defense lives.
I pay particular attention to the moments before, during, and after the alleged confinement. What was the context of the relationship? How long did the incident last? What was said? Did the alleged victim attempt to leave and get stopped, or did they simply stay in the room because the conversation was ongoing? Did they leave eventually without force? These details matter enormously, and they are often not captured in the police report.
Once I understand the facts, I map them against the elements the prosecution has to prove. Knowing confinement means the defendant had to know they were preventing someone from leaving, not just that they were having a heated argument in an enclosed space.
Lack of consent has to be demonstrated by the prosecution, and consent is often implied or given in ways that are not obvious from a surface reading of the facts. No legal authority covers a range of situations where someone had a legitimate reason to keep another person in place temporarily.
Each element can be a potential point of failure for the prosecution. We identify the weakest ones and concentrate our strategy there. In many cases, the prosecution’s most significant problem is proving the mental state element. Knowing confinement requires awareness of what you were doing.
Misunderstandings, moments of emotional intensity where boundaries were unclear, and situations where both parties were engaged in a mutual confrontation do not always satisfy that standard.
A significant percentage of false imprisonment cases in Colorado Springs come with a domestic violence enhancement, and that changes the strategic landscape considerably.
When the DV tag is present, we evaluate it as a separate challenge from the underlying charge. Is the relationship between the parties actually one that qualifies under Colorado’s domestic violence statute? Does the conduct fit the definition of using confinement as a method of coercion or control? Is the DV designation properly applied to these specific facts?
Challenging the domestic violence enhancement when the facts do not support it can change the entire character of a case. It affects mandatory protection orders, treatment requirements, the firearms prohibition, and the leverage the prosecution has in plea negotiations. We fight the DV tag directly in cases where the challenge is legitimate.
Not every false imprisonment case needs to go to trial to get a good result. In cases where the evidence is ambiguous, where the alleged victim has credibility problems, or where the prosecution’s case has legal weaknesses, negotiating a dismissal or a significant charge reduction is often the more efficient path to a good outcome.
In cases where the prosecution has a stronger factual case but the legal elements are genuinely disputed, pretrial motions may resolve the case. And in cases where the evidence is unfair or incomplete and the defendant’s account deserves to be heard, trial is the right answer.
The goal is always the best realistic outcome for this specific client in this specific case. That assessment drives every strategic decision we make. A strong criminal defense strategy starts with finding the best Colorado Springs criminal defense attorney for your case. We offer free consultations to see if we are the right fit for you.
Under C.R.S. § 18-3-303, a person commits false imprisonment when they knowingly confine or detain another person:
• Without that person’s consent
• Without legal authority
The prosecution must prove beyond a reasonable doubt that:
The restraint does not need to involve tying someone up or locking a door. Allegations often involve:
These cases frequently arise from domestic disputes, breakups, roommate conflicts, or business detentions.
The criminal justice process in El Paso County moves quickly after an arrest.
Understanding what comes next, and what decisions matter at each stage, helps you make better choices and avoid mistakes that are hard to undo. Here is a detailed breakdown of what typically happens after a false imprisonment arrest in Colorado Springs.
In some cases, you will simply receive a summons (ticket) and be assigned a court date. In DVs and many felony matters, you will be arrested. After an arrest for false imprisonment, you will be transported to the El Paso County Criminal Justice Center on Las Vegas Street for booking. The booking process includes fingerprinting, a photograph, a review of your criminal history, and recording the charges against you. Your personal property is inventoried and held until release.
In domestic violence cases, Colorado’s mandatory arrest law means that when law enforcement responds to an incident and finds evidence supporting a false imprisonment charge in the context of an intimate relationship, someone is going to jail. Officers are not required to conduct an extensive investigation at the scene before making an arrest. The decision is often made quickly based on one party’s account, which is why having an attorney involved early is so important.
If you have not already been arrested but you know a report has been filed or an investigation is underway, this is the time to call an attorney before law enforcement contacts you. Voluntary statements made before counsel is involved are almost always used against defendants in ways they did not anticipate.
Your first court appearance typically happens within a day or two of arrest. In El Paso County, this appearance takes place at the Criminal Justice Center. The judge reviews the charges, considers your criminal history and community ties, and sets bond conditions over a video advisement.
Bond in a false imprisonment case can range from a personal recognizance release to a significant cash or surety bond depending on the charge level, whether a domestic violence enhancement applies, and any prior criminal history. Having defense counsel at the bond hearing can make a real difference.
Arguments about community ties, employment, lack of prior history, and the specific circumstances of the case can influence whether bond is set and at what amount.
If you are unable to post bond, you remain in custody until the case resolves or bond is modified at a later hearing. Getting counsel involved quickly helps address the bond situation as fast as possible.
In any false imprisonment case with a domestic violence designation, a mandatory protection order is issued at the first appearance automatically. This is not a discretionary decision by the judge. It goes into effect by operation of law the moment the charge is filed with a DV tag, and it remains in place for the duration of the entire criminal case, regardless of what the alleged victim wants.
The protection order typically prohibits all contact with the alleged victim, which in a domestic relationship context can mean you cannot return to your home, cannot contact your partner or co-parent, and cannot communicate directly about shared children, shared finances, or any other matter. Violating the protection order is a separate criminal offense.
Understanding exactly what the order prohibits, including indirect contact through third parties and contact by social media, is one of the first things I cover with every new client. The specific language of the order controls, not a general understanding of what protection orders usually say.
After arrest, the District Attorney’s office reviews the case and decides what charges to formally file. For a misdemeanor false imprisonment case, the DAs often follow the charges on the summons. However, the law does allow them to add or amend charges. For a felony false imprisonment charge, there may be a preliminary hearing or grand jury proceeding before formal charges are filed.
Once charges are formally filed, discovery begins. Through discovery, we receive the prosecution’s evidence: the police report and any supplemental reports, body camera footage from responding officers, any recorded statements by either party, text messages and call logs, surveillance footage if obtained by police, witness statements, and any other evidence the prosecution intends to use. Discovery is where we get a real picture of what they have, and that picture often looks different from the police report summary.
Before any trial, we have the opportunity to file legal challenges to the prosecution’s case. These motions are some of the most powerful tools in the defense toolkit because a successful motion can fundamentally alter the case or end it entirely.
In false imprisonment cases, the most common pretrial motions involve suppression of evidence. If law enforcement obtained evidence through an unlawful search or seized your phone without a proper warrant to review its contents, we can file a motion to suppress that evidence.
If you made statements to officers after invoking your right to remain silent, or if Miranda warnings were not properly given, those statements can be suppressed. Illegally obtained evidence is excluded from trial, which means the prosecution cannot use it.
We also file motions challenging the sufficiency of the charging documents, motions in limine to limit what evidence comes before the jury, and in appropriate cases, motions arguing that the specific conduct charged does not meet the legal definition of false imprisonment under Colorado law. The pretrial motion phase is where legally sophisticated defense work pays the biggest dividends.
The vast majority of false imprisonment cases resolve through negotiation before trial. That does not mean you accept whatever the prosecution offers. Effective plea negotiation is a strategic process that uses the weaknesses in the prosecution’s case as leverage to reach an outcome that is genuinely acceptable.
In cases where the alleged victim has credibility problems, where the evidence of knowing confinement is ambiguous, where consent is genuinely in play, or where the prosecution’s case depends heavily on a single witness, those weaknesses create real negotiating room. The best outcomes in these negotiations are a dismissal, a reduction to a lesser charge like disorderly conduct or harassment, a deferred judgment that avoids a conviction entirely, or a plea that keeps the charge at the misdemeanor level when a felony was initially filed.
When a case cannot be resolved on terms that make sense for the client, we go to trial. A trial on a false imprisonment charge means the prosecution has to prove every element to a unanimous jury beyond a reasonable doubt. The alleged victim’s account has to hold up under cross-examination.
The evidence of intent has to be persuasive without the benefit of the doubt that police reports sometimes get from a jury. Those are real hurdles for the prosecution, and they are hurdles that an experienced trial attorney knows how to put in the way.
I have tried many cases in El Paso County, and I approach every case with trial preparation from the beginning, not just as a fallback if negotiations fail. That preparation changes the quality of the defense work at every stage.
If you’ve been charged with false imprisonment in Colorado, the case against you is not based on assumptions—it is based on whether the prosecution can prove specific legal elements beyond a reasonable doubt.
Under Colorado Revised Statutes § 18-3-303, the state must prove that you:
If they fail to prove even one of these elements, you should not be convicted.
Most cases do not go to trial. But some do—and if yours does, the evidence becomes everything.
The prosecution will often rely heavily on the alleged victim’s version of events.
But testimony is not automatically truth. In many cases, the outcome comes down to credibility.
Cross-examining the alleged victim—exposing inconsistencies, motives, or exaggeration—can create reasonable doubt. If the jury does not fully believe their version, the prosecution’s case weakens significantly.
Video evidence can be one of the most powerful tools in your defense.
The key legal question is simple: Was the person actually prevented from leaving?
If footage shows movement was not restricted—or contradicts the accusation—it can directly challenge the prosecution’s claim of “confinement.”
Physical evidence must support the claim that someone’s freedom was actually restricted.
Colorado law does not punish arguments or disagreements—it punishes actual unlawful confinement.
If there was no real barrier preventing someone from leaving, that fact alone can create reasonable doubt.
Digital records are increasingly critical in criminal defense.
These can:
In many cases, digital evidence becomes the difference between a charge and a dismissal.
Being arrested does not mean you are guilty, and it does not mean you have to make the prosecution’s job easier. From the moment of arrest, you have constitutional protections that apply regardless of what the officer or detective tells you.
Under the Fifth Amendment, you are not required to answer questions, explain yourself, or provide a statement to law enforcement. Anything you say can and will be used against you. The single most important thing you can do after an arrest is stop talking and call an attorney.
Under the Sixth Amendment, you have the right to legal representation. If you are taken into custody and invoke your right to counsel, interrogation must stop. Do not wait until charges are filed. Contact an attorney as soon as possible, ideally before any questioning begins.
If you are held in custody, you are entitled to a bond hearing, typically within 48 hours of arrest. In false imprisonment cases with a domestic violence designation, a mandatory protection order will be issued at first appearance. Conditions of bond can affect where you live, who you can contact, and whether you must surrender firearms.
Through the discovery process, your attorney is entitled to receive the prosecution’s evidence — police reports, body camera footage, 911 calls, witness statements, and any forensic evidence. This allows us to identify weaknesses before trial.
You have the right to challenge unlawful searches, improperly obtained statements, and evidence seized in violation of your constitutional rights. Suppression motions can remove key evidence from the case entirely.
Knowing your rights means nothing if you don’t exercise them. Call 719-227-0022 the moment you are arrested or learn that charges are being considered.
The sentence handed down by a judge is just one part of what a false imprisonment conviction actually costs you. In my experience, the collateral consequences, the ones that unfold over months and years after the case is closed, are often the most damaging.
Here is what a false imprisonment conviction can mean for your life beyond the courtroom:
A false imprisonment conviction, whether misdemeanor or felony, creates a criminal record that shows up on background checks. Employers, landlords, licensing boards, and financial institutions all run these checks, and a conviction for a charge involving the restraint of another person raises significant red flags.
Felony convictions in Colorado are generally not sealable, which means the record is permanent. Misdemeanor convictions may become eligible for sealing after a waiting period, but that requires a separate court proceeding and is not automatic.
A false imprisonment conviction can affect your ability to work in a wide range of fields. Healthcare, education, government employment, law enforcement, defense contracting, financial services, and any profession requiring a state license all involve background checks and character reviews that a criminal conviction complicates.
Many licensing boards have the authority to deny, suspend, or revoke a license based on a conviction, even a misdemeanor. The specific impact depends on the field and the board’s rules, but it is almost always a conversation worth having before accepting a plea.
For clients at Fort Carson, Peterson Space Force Base, or Schriever Space Force Base, a false imprisonment conviction can have consequences that go well beyond the civilian impact.
A felony conviction can result in discharge proceedings. Even a misdemeanor with a domestic violence tag can trigger loss of the ability to possess a firearm, which can make continued military service impossible in many roles.
Security clearances are evaluated based on the totality of a person’s record, and a false imprisonment conviction, particularly one suggesting coercive behavior, can result in clearance revocation or denial that ends a federal or defense contracting career.
If the false imprisonment conviction carries a domestic violence enhancement, the federal firearms prohibition under the Lautenberg Amendment applies. This means a lifetime ban on possessing firearms under federal law. It does not matter that the conviction was a misdemeanor.
Any domestic violence conviction, at any level, triggers this prohibition permanently. For anyone whose career, profession, or lifestyle involves firearms, this consequence can be more devastating than the sentence itself. It is one of the most important reasons we fight the domestic violence designation in false imprisonment cases where the facts are genuinely ambiguous.
For non-citizens, a false imprisonment conviction can have serious immigration consequences. A felony conviction is generally a deportable offense. A misdemeanor involving coercive conduct toward another person can be classified as a crime involving moral turpitude, which affects visa status, adjustment of status applications, and naturalization eligibility.
Domestic violence convictions carry additional immigration penalties under federal law. If you are not a U.S. citizen, the immigration consequences of any plea must be analyzed before you make any decisions in your case.
False imprisonment cases frequently arise in the context of relationships that are already in dissolution. Divorce proceedings and custody disputes can run parallel to a criminal case, and a conviction in the criminal case will be used against you in family court.
Judges evaluating parental fitness take criminal history seriously, particularly convictions involving allegations of controlling or coercive behavior toward a partner. A conviction that seems resolved on the criminal side can continue affecting your family situation for years.
In cases where the alleged victim suffered documented harm, a conviction can result in restitution orders requiring you to pay the victim’s losses. Restitution is ordered on top of any fines and court costs the criminal case generates.
In some false imprisonment cases, particularly those involving long confinements or situations where the victim suffered emotional or physical harm, restitution amounts can be significant.
Don’t face prosecutors alone—a Colorado Springs false imprisonment lawyer can challenge the case against you from day one.
One of the most common questions I hear during consultations is straightforward: what is this going to cost? I respect that question, and I answer it directly.
At McDowell Law Firm, false imprisonment cases are typically handled on a flat-fee or hourly basis. A flat fee means you know your total legal cost upfront, and there are no billing surprises as the case develops. In many cases, there is an additional trial fee if the case proceeds to trial.
Every case is different, and I will give you a firm quote at your free consultation after reviewing the facts. Misdemeanor cases are typically less time-consuming and therefore less costly than a typical felony charge. In many cases, we offer payment plans.
I understand that a criminal charge is already a financial hardship. McDowell Law Firm offers flexible payment plans for qualified clients. A reasonable retainer secures representation and we work out a payment schedule that fits your situation. The goal is to make sure cost is not the reason someone goes unrepresented on a serious charge.
Several factors influence the final fee:
There is no shortage of criminal defense attorneys in Colorado Springs. Here is what actually sets this firm apart.
Before I opened McDowell Law Firm, I prosecuted cases as a Deputy District Attorney in El Paso County’s 4th Judicial District, the same courthouse where your case will be heard if your case were in Colorado Springs or El Paso County. I know how prosecutors build false imprisonment files.
I know which arguments carry weight in El Paso County and which ones don’t. When I challenge the state’s evidence, I’m doing it with a prosecutor’s understanding of how that evidence was assembled and where it breaks down.
At this firm, your case is handled by me personally, not a paralegal, not an associate, not a rotating team of junior attorneys. When you call, I pick up or call you back. When you walk into court, I’m the one standing next to you. That level of personal accountability is rare, and it matters.
I have been practicing criminal law in Colorado Springs for over two decades. I know the system and people. Chances are, I’ve handled dozens of cases factually similar to your own. That institutional knowledge translates into better case strategy and more realistic assessments of what’s achievable in your specific case.
A significant portion of our clients are active-duty service members, veterans, and military families stationed at Fort Carson, Peterson Space Force Base, and Schriever Space Force Base. A false imprisonment conviction carries consequences beyond civilian criminal penalties; it can affect security clearances, rank, and military career. I understand those stakes and factor them into every defense strategy.
Beyond the courtroom, I bring a forensic investigator’s mindset to every case. Details matter. Inconsistencies in the evidence matter. Witness credibility matters. I approach criminal defense the same way I approach any investigation, methodically, with an eye toward what the facts actually support versus what the arrest report claims.
If you’ve been charged with false imprisonment in Colorado Springs, you need someone who has been on both sides of this process. Call 719-227-0022 for a free consultation.
Josh McDowell is the founding attorney of The McDowell Law Firm in Colorado Springs. He has been practicing criminal law in Colorado courts since 2007, first as a Deputy District Attorney in El Paso County’s 4th Judicial District and then as a defense attorney representing individuals and families throughout the Colorado Springs area and beyond.
Yes. False imprisonment charges are dropped or dismissed with some regularity, particularly when the evidence is thin or the alleged victim recants or declines to cooperate. In domestic dispute cases, the complaining party often has second thoughts about the arrest. While the district attorney, not the alleged victim, ultimately decides whether to proceed, victim cooperation heavily influences that decision.
Even without a recantation, charges can be dropped when the evidence fails to meet the “beyond a reasonable doubt” standard, when key testimony is inconsistent, or when constitutional violations require suppression of evidence. This is why early, aggressive attorney involvement matters.
It depends on whether the charge is a misdemeanor or a felony, and whether the case goes to trial. Most misdemeanor false imprisonment cases in El Paso County resolve within two to six months. Felony cases typically take three months to a year. Cases set for trial take longer and depend heavily on the court’s docketing calendar.
Cases involving a domestic violence designation often move faster at the beginning, bond hearings and protection order proceedings are immediate, but overall timeline depends on negotiation and trial posture. The answer is: it takes as long as it takes to do it right.
Yes, I would argue especially if it was a misunderstanding. The criminal justice system does not automatically filter out wrongful charges. What you believe was an innocent argument or a moment of poor judgment can be charged as a criminal offense based entirely on how law enforcement interpreted the scene.
Without an attorney, you risk a conviction on your record that follows you for years. With an attorney, that misunderstanding can be explained, documented, and used to challenge the charge before it ever reaches trial. The earlier you involve an attorney, the more options you have.
At the misdemeanor level, false imprisonment under C.R.S. § 18-3-303 carries up to 120 days in county jail and up to $750 in fines. At the felony level, when force, threats, or intimidation are involved, or when a child is confined under specific circumstances, it becomes a Class 5 felony carrying one to three years in the Colorado Department of Corrections, two years of mandatory parole, and fines up to $100,000.
The difference between misdemeanor and felony exposure often comes down to how the restraint was carried out and the duration of confinement, which is why the specific facts of your case matter enormously.
The key distinction is movement. False imprisonment under C.R.S. § 18-3-303 requires only that a person was unlawfully confined or detained without consent, meaning no movement is necessary. Kidnapping under C.R.S. § 18-3-302 (second degree) requires that the person was seized and carried from one place to another without consent.
First-degree kidnapping under C.R.S. § 18-3-301 adds additional intent requirements, such as holding someone for ransom, as a human shield, or to facilitate another felony. Because kidnapping requires asportation (movement) and false imprisonment does not, false imprisonment is often the charge when the restraint occurred in a fixed location. For example, a room, a vehicle, or a doorway, etc. without the person being transported elsewhere.
It can be either. False imprisonment starts as a Class 2 misdemeanor under C.R.S. § 18-3-303. It elevates to a Class 5 felony when: (1) force or threats were used and the confinement lasted 12 hours or longer; (2) a child under 18 was confined in a locked or barricaded room causing bodily injury or serious emotional distress as part of a continued pattern of cruelty; or (3) a child under 18 was restrained using physical means such as tying, caging, or chaining under circumstances causing injury or distress. Prosecutors often charge the felony level when any allegation of force accompanies a longer detention.
Yes, and this happens fairly regularly in Colorado Springs when the evidence does not clearly support movement from a location or the specific intent required for kidnapping. If the prosecution charged kidnapping but the facts show the alleged victim was not transported from one place to another, or if the additional criminal intent required for first-degree kidnapping is not supportable, a defense attorney can negotiate a reduction to false imprisonment.
A felony false imprisonment plea still carries serious consequences, but it is a significantly lower exposure than a kidnapping conviction, which in the first degree carries potential life imprisonment. Plea negotiations are highly fact-specific and depend on the prosecution’s evidence, the client’s criminal history, and the assigned prosecutor.
No, these are completely different legal concepts. False imprisonment under C.R.S. § 18-3-303 is a criminal charge: you are accused of unlawfully confining another person against their will. Wrongful imprisonment (sometimes called wrongful incarceration) refers to a civil rights or post-conviction concept where a person was convicted of a crime they did not commit and seeks exoneration or compensation from the state.
If you are charged with false imprisonment, you are the defendant facing a criminal prosecution. Wrongful imprisonment describes a situation where the justice system itself imprisons someone incorrectly.
Yes. In Colorado Springs, false imprisonment charges can be negotiated. One example is to negotiate for a deferred judgment and sentence that avoids a conviction entirely upon successful completion of conditions. Whether a reduction is available depends on the strength of the prosecution’s evidence, the alleged victim’s input, your prior criminal history, and the assigned prosecutor’s discretion.
Felony false imprisonment charges may be reduced to misdemeanor level when the force or duration elements are contestable. An experienced defense attorney can identify which cases are candidates for reduction and make the most compelling argument for it.
A conviction remains on your criminal record unless otherwise sealed.
If your case is dismissed or you are acquitted, you may qualify for sealing much immediately.
