Orlando False Imprisonment Attorney
False imprisonment is an offense that is often related to domestic violence or battery charges; you may be charged with this serious third degree felony offense even when the period of alleged "imprisonment" was brief. Essentially, if one individual detains or holds another individual without the alleged victim's consent or permission, and without justification or legal authorization, that person may face criminal charges.
Florida Statute Section 787.02 states that forcibly keeping a person against his or her will, regardless of whether that person is being restrained or confined, is a criminal offense. Because of the serious penalties an individual will face if convicted, it is highly advised that you seek the legal support and guidance of a skilled and aggressive Orlando false imprisonment attorney.
At Adams & Luka, we know that in many cases innocent people are wrongly accused of crimes they did not commit. For example, a spouse may claim that he or she is the victim of false imprisonment in conjunction with domestic violence. Regardless of whether the accusations are true or fabricated, it is essential to have a capable defense lawyer on your side.Defenses to False Imprisonment in Florida
There are many effective defenses to false imprisonment, depending on the specific facts of a defendant's case. Many times, the elements the prosecution must prove may be used in the defense of an alleged crime. Some of the various defenses which may be used to fight the allegations include:
- Restraint of minor. Restraining a minor younger than 17 when the person restraining the minor is a parent, guardian, or person responsible for the minor's welfare and supervision, and the person's primary purpose is to be in control of the minor has not committed false imprisonment as long as the minor is not taken out of the state.
- "Merchant's Privilege." When a merchant suspects a person has shoplifted merchandise from his/her store, that person may be lawfully detained by the merchant. In most cases, the merchant must actually witness the shoplifting as it is in progress, and continue to watch the suspect and his/her failure to pay for the merchandise before apprehending the suspect once he/she is outside of the premises.
- Voluntary consent to confinement. If an individual consents to confinement without persuasion or coercion (in other words, voluntarily), false imprisonment is not committed.
- Legal authority or justification in an arrest. False imprisonment does not occur when an individual is arrested or restrained against his/her will under legal authority or justification. Imprisonment or restraint is justified when the accused (defendant) was acting in the course of performing his or her legal duties.
There are many other effective defense strategies that may be used depending on the situation, whether the circumstances were related to accusations of domestic violence or child abuse, and more. Our Orlando false imprisonment lawyers will work closely with you to determine the most effective course of legal action.Criminal Penalties for False Imprisonment in Orlando & Central Florida
Charged as a third degree felony, false imprisonment is typically punishable by a maximum of five (5) years in state prison, five (5) years probation, fines of up to $5,000, or any combination thereof.
False imprisonment upon a child younger than 13 in combination with sexual battery against the child, aggravated child abuse, exploitation or allowed exploitation of the child by someone else, or lewd/lascivious battery, molestation, conduct, or exhibition will result in criminal penalties that include a maximum of life in prison.Contact Adams & Luka for Exceptional Legal Guidance Now
We understand the stress and fear you may experience when under investigation for or charged with false imprisonment. Not only is your freedom at risk, your career, reputation, and relationships may be in jeopardy as well. We will put all of our skill, experience, and knowledge to work on your behalf in developing a solid legal strategy. Take action in your own defense now; call us immediately at (407) 872-0307 or (353) 787-2101 for a free consultation.