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.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.
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.