What is False Imprisonment?
Restraining a person against his or her will is considered a felony offense in Florida. When a person is convicted of this offense, not only will that person face significant monetary penalties, but he or she may receive a lengthy prison sentence, as well.
Often, this crime is related to kidnapping or domestic violence, and it is not unusual for the prosecutor to pursue a significant punishment. If you have been charged with false imprisonment, you need to ensure that you have an experienced Orlando false imprisonment defense attorney on your side to keep from suffering additional damage to your reputation.
How is False Imprisonment Defined in Florida?
Under Florida statutes, false imprisonment of another person is defined as forcibly, by threat, or secretly abducting, confining, restraining, or imprisoning another person without authority and against his or her will. This crime is considered a felony in the third degree.
In some situations, however, the crime may be considered a first-degree felony using the same definition. If the victim of the crime is less than 13 years of age, and the imprisonment involves one of the following offenses, the crime may be charged as a first-degree felony:
- Sexual battery
- Aggravated child abuse
- Lewd or lascivious battery
- Lewd or lascivious conduct
- Lewd or lascivious molestation
- Lewd or lascivious exhibition
- Compelling, forcing, or coercing a person into prostitution
- Procuring a child under the age of 18 for prostitution
- Exploitation of a child or allowing a child to be exploited by another person
Regardless of the scenario, false imprisonment charges can result in a long stint of jail time as well as costly fines. Additionally, a false imprisonment charge in a domestic violence situation can affect your ability to see your children or return to your home.
A false imprisonment attorney in Orlando, FL can collect all of the information about your case and determine if a legal defense applies. Contact the false imprisonment attorneys at Moses & Rooth today to discuss your case.
Florida Penalties for False Imprisonment
Being convicted of false imprisonment in Florida can result in the following penalties, based on how the offense was classified:
- Third-Degree Felony: A monetary penalty up to $5,000 and up to five year behind bars.
- First-Degree Felony: A monetary penalty up to $10,000 and as much as life in prison.
Although a first-degree felony typically has a maximum sentence of 30 years in prison, Florida statutes specifically state that this crime can be punishable by life in prison if the victim was under the age of 13.
Defenses to False Imprisonment Charges
There are many situations in which a person claims to have been unlawfully restrained, or the victim of false imprisonment, that is why an alleged offender needs to be certain they have an experienced Orlando false imprisonment attorney on their side.
An attorney will conduct a thorough investigation of the charges you are facing and help determine how valid the claims against you may be. Your attorney may be able to get the charges that have been filed against you either dismissed or reduced by using the following defense strategies:
- The alleged imprisonment was intended as a protection method for the alleged victim.
- The alleged offender had the authority from a parent of the victim to confine them.
- The alleged victim gave consent to being restrained.
- Lack of evidence to prove the imprisonment
- Mistaken identity.
- False accusations.
Remember, the existence of a legal defense does not mean your case will magically disappear. Instead, your attorney will discuss your charges with the prosecutor and present evidence that a legal defense applies to your case. Then, the prosecutor could decide to reduce your charges or drop them entirely.
Consulting with a false imprisonment attorney in Florida gives you the best opportunity to get your charges dismissed or reduced. Contact us today to schedule your free initial consultation.
Contact a Florida False Imprisonment Attorney Today
The attorneys at Moses & Rooth have years of experience helping defend clients against false imprisonment and other charges related to domestic violence. With experience as prosecutors, the false imprisonment lawyers at Moses & Rooth understand the strategies prosecutors use to obtain guilty pleas.
Our team has over 36 years of combined legal experience, handling some of the toughest jury trials in Florida. When your future is in jeopardy, our team at Moses & Rooth is ready to help. We are confident that our extensive experience representing those facing criminal charges, combined with our commitment to our clients, sets us apart from other firms.
If you are facing charges of false imprisonment, contact our Orlando false imprisonment attorneys today to schedule a consultation.
