False Imprisonment
We Have Offices Conveniently Located in Deland and Daytona Beach
False imprisonment is a crime defined by Florida Statute 787.02. The offense is classified as a felony and carries the possibility of life imprisonment in certain circumstances. Attorney Matt Thompson’s experience in handling cases in Central Florida and Volusia Count, most False Imprisonment charges are coupled with domestic violence charges or an argument with a spouse over the children.
We have offices in DeLand and Daytona Beach and help clients throughout Central Florida fight their criminal charges.
What is False Imprisonment?
There are many situations where a person might be confined or imprisoned. For example, a law enforcement officer might temporarily confine a person to one location while conducting an investigation. A judge might order someone accused of a crime to remain within the county. In these instances, there is a “lawful authority” to the confinement. In situations where there is no lawful authority, a crime occurs. False imprisonment means to forcibly, secretly, or by threat confine, abduct, imprison or restrain another person without lawful authority and against the person’s will [Fl. Stat. 787.02(1)(a)].
When the imprisonment involves a child under the age of 13, the confinement does not have to be against the child’s will directly. Any confinement that is done without the consent of the child’s parent or legal guardian is considered against the will of the child under Florida Statute 787.02(b). Whenever a child is involved in a crime, the stakes are high. A conviction of a crime involving a child can leave a stain on your record that will affect future employment and success.
What is at Stake?
If convicted of false imprisonment, you could face a very lengthy prison sentence. Depending on the circumstances, false imprisonment is either a third degree or first degree felony.
Third degree – If the defendant forcibly, secretly, or by threat confined, abducted, imprisoned, or restrained the victim against his or her will without the legal authority to do so. Punishable by up to 5 years jail, 5 years probation, and a fine of $5,000.
First degree felony – If the victim is under the age of 13 and, in the course of committing the imprisonment, committed aggravated child abuse, sexual battery, lewd or lascivious battery, molestation, conduct, or exhibition, procured the child for prostitution or exploited the child. Punishable by up to life imprisonment and a fine of $15,000.
The Thompson Law Approach
If you are facing serious charges, such as false imprisonment, hiring an experience and qualified attorney is a necessary step in your defense. When you hire Matt Thompson, you get his full attention. Matt Thompson is a skilled attorney who will work quickly to put pressure on the State. As with all criminal cases, it is important to remember that the State must prove the allegations beyond a reasonable doubt. Having an attorney who can negotiate with the State and argue against their evidence is the best way to prevent facing the maximum sentence.
Matt Thompson is a former prosecutor who has handled a wide variety of cases, including false imprisonment and sex crimes. He is able to look past the shocking allegations and craft a defense that will put you in the best possible position give the specific circumstances of your case. At Thompson Law, we firmly believe that every case deserves a strong, solid defense, and we would be honored to assist you in creating yours. Call us today for your free case evaluation.
Client-Focused. RESULT-DRIVEN.
Working Closely with You To Build a Strong Case
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Charge Reduced Felony Child Abuse
Attorney Thompson took over for the Defendant’s prior attorney who was unable to obtain an offer of anything other than a felony conviction. Attorney Thompson prepared a sworn Motion to Dismiss and was offered a misdemeanor with no probation or jail.
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All Charges Dismissed Domestic Violence
Client was texting a friend when her significant other tried to grab for her phone. When the client tried to pull away, the victim claimed that he was battered and the client was arrested and brought before DCF due a child being in the house. Attorney Matt Thompson wrote a letter to the State explaining the discrepancy in evidence and claimed that the client was in fact moving away from the victim and did not intentionally try to hit the victim. All charges against the client were dismissed.
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All Charges Reduced Aggravated Battery
Attorney Thompson conducted depositions on the alleged victim and third-party witness. Attorney Thompson was able to show that the victim was harassing the Defendant and was not being truthful to the police. Attorney Thompson filed Order to Show Cause against the third-party witness for avoiding subpoena for depositions.
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Penalties Reduced Grand Theft, Fleeing, Possession of a Fictitious Driver’s License
Attorney Matt Thompson, through depositions and litigation was able to show that officers did not act according to the warrant by picking up the client immediately upon sight. The charge of Fleeing or Attempting to Elude Law Enforcement, which carries a mandatory felony conviction, was dismissed by the State and the client was offered probation and no felony conviction.
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Charges Reduced Aggravated Battery on Law Enforcement Officer
Attorney Thompson provided the State with an extensive mitigation packet outlining the Defendant’s military service record and disability based on PTSD. Defendant was offered a minor jail sanction (60) days followed by probation in lieu of a 5-year minimum prison sentence as was originally offered by the State.
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All Charges Dismissed Domestic Battery
Client and his husband were involved in a verbal argument. The alleged victim contacted police against the claiming that he threw a glass of milk on him. Under the law, this is considered a battery. Attorney Thompson represented the Client on both the criminal case and the injunction and both were dismissed.