A woman used Pizza Hut’s online ordering website to secretly send a message she was being held hostage. Apparently while the woman was ordering a pizza through the website, she added a message in the comment section. The message was, “Please help! Get 911 to me. 911 hostage help.” The store manager received the message and called the police who arrived at the home and negotiated with the woman’s boyfriend. Apparently, the woman and her boyfriend had been arguing throughout the day. The boyfriend took her cell phone from her and would not allow her or her three children to leave. He finally gave her the phone back to order the pizza and that’s when she was able to get her message out. The boyfriend was eventually arrested and charged with False Imprisonment as an act of Domestic Violence and Obstruction of a Telephone Service.
[pullquote align=”center” textalign=”center” width=”90%”]Have you been charged with False Imprisonment? Contact a lawyer to fight for you![/pullquote]
What is False Imprisonment in Larimer County?
Colorado law defines C.R.S. 18-3-303 – False Imprisonment – as:
(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.
Now, in order to be charged with a felony in Fort Collins, Loveland, or Estes Park, both the force and time elements must be met. It was reported in the story above that the man was armed with a knife, so he met the first element, but there was no statement about the amount of time he allegedly held the woman and her children captive. If it were 12 hours or longer, the man would be facing a class 5 felony, punishable with up to 3 years in the Colorado Department of Corrections. If not, he would be charged with a class 2 misdemeanor, which is punishable with up to 12 months in Larimer County Jail.
What is the Domestic Violence Sentence Enhancer in Larimer County?
When DV is added to a charge, certain extra requirements become a part of the case.
Domestic violence is not a crime people are charged with in Larimer, Boulder, and Grand County. Colorado law has decided domestic violence is only a sentence enhancer attached to any other crime. When DV is added to a charge, certain extra requirements become a part of the case, like domestic violence treatment. A mandatory protection order is entered prohibiting any contact between the ‘victim’ and the defendant. Also, anyone convicted of a domestic violence offense will be banned from getting a concealed carry permit and will no longer be able to carry a firearm. Additionally, domestic violence is a crime of moral turpitude, which can result in an immigration deportation under federal law. Because the man in the story was the woman’s boyfriend, any crime he allegedly committed against her would have the DV sentence enhancer attached.
What is Obstruction of a Telephone Service in Loveland?
Obstruction of Telephone Service – C.R.S. 18-9-306.5 – is defined by Colorado law as:
(2) Obstruction of telephone or telegraph service is a class 1 misdemeanor.
As explained in the story, the boyfriend took the woman’s phone from her – preventing her from contacting the police. If the district attorney can prove the reason the man confiscated the woman’s phone was for the purpose of keeping her from getting any help, he could be convicted of this class 1 misdemeanor, and face another 18 months in Larimer County Jail.
If you or a loved one has been arrested for False Imprisonment, Obstruction of a Telephone Service, or a Domestic Violence Offense, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at (970) 658-0007 to set up a free consultation. Together, we can protect your future.