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KNOWLEDGE. EXPERIENCE. RESULTS. False Imprisonment Put Over 20 Years of Experience to Work for You

Miami False Imprisonment Defense Attorney

Overview Of False Imprisonment

Have you been charged with false imprisonment? If so, it will be necessary for you to understand the nature of such charges, as well as the consequences of a conviction. False imprisonment refers to when someone deprives someone else the freedom of movement. This can be accomplished by holding them in a confined space, or by physical restraint, or in a locked car without the person being given the opportunity to get out.

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False imprisonment is commonly associated with domestic violence cases. For example, a husband can tie his wife to the bed for hours on end, thus not allowing her the ability to get up and leave. Or, someone can lock somebody in a room, or in a closet, or they can tie them to a chair. In domestic violence cases it's easier for a man to restrain or confine a woman due to the fact that men typically have the strength to overpower a woman; however, a woman can be guilty of this offense as well.

Florida's False Imprisonment Laws

In Florida, false imprisonment is covered under Section 787.02 False imprisonment; false imprisonment of child under age 13, aggravating circumstances. According to §787.02 (1)(a) false imprisonment is defined as forcibly, by threat or secretly confining, or abducting, imprisoning, or restraining another person against his or her will.

Under §787.02 (b) confining a child under the age of 13 against his or her will without the consent of their parent or legal guardian is considered false imprisonment. A babysitter or a daycare provider can be guilty of this offense if they lock a child in a closet or if they tie them to a chair for disciplinary purposes.

False Imprisonment: Felony Sentencing

A person who commits the offense of false imprisonment is guilty of a third degree felony, which is punishable by up to 5 years in a state prison, and a maximum $5,000 fine, or both. However, under §787.02 (3)(a) – a person who commits false imprisonment against a child under the age of 13, and while committing the offense also commits aggravated child abuse, sexual battery against a child, lewd or lascivious battery or molestation, or violates Section 796.03 or Section 796.04 involving prostitution and a child, or who exploits or allows the child to be exploited is guilty of a first degree felony, which is punishable by a $10,000 fine and up to 30 years in state prison.

False Imprisonment in a Domestic Setting

There is no question that even the healthiest relationships can have their domestic battles. Sometimes when the threats of violence seem substantial, a spouse or partner may attempt to lock their spouse in a room in order to prevent that person from injuring themselves or one of their family members. At other times certain couples may restrain each other as a part of their intimate relations. With false imprisonment cases as they pertain to domestic disputes, there are always two sides to every story; however, it's not difficult for the alleged victim to paint a very different picture that makes your actions appear as unreasonable or unlawful.

If you have been charged with false imprisonment, a felony conviction can put you away for up to five years and cost you thousands of dollars in fines. If your actions seemed rational at the time, then you have all the more reason to secure high quality legal representation. Truly, your future relies heavily on your defense attorney's skill and ability to put forth a convincing argument on your behalf; we urge you to contact the Law Office of Michael Mirer, P.A. if you are facing charges of false imprisonment in Miami or the surrounding communities.

Our Testimonials

Hear From Our Clients

  • "They wanted to give me 35 years to life for something I did not do, but thanks be to God he sent me an angel and it was Mr. Michael Mirer."
    Since I was locked up in jail for a month I came to know Mr. Michael Mirer, and to my experience, he is such an honest man and easy to reason with. If anyone out there gets in trouble, look this guy up – he is the best, and I promise you will get you
    - Former Client
  • "My case is almost done and I am so happy with such a great attorney."
    My case is almost done and I am so happy with such a great attorney.
    - Former Client
  • "After over a year of rather complex negotiations by Mr. Mirer with various legal authorities, I returned home to the USA as a free man."
    I say that without exaggeration. I've been on the run as a fugitive for the past 13 years...but finally, the run is over. I had been living 6,000 miles away from the USA, but wanted to come back home. I knew I would need nothing less than the absolute best
    - Former Client
  • "Thanks to Mr. Mirer's great job and dedication, 2 years later my brother is back home with us."
    Without any doubts Michael Mirer is the best attorney I have ever experienced. Mr. Mirer's levels of experience and professionalism are tremendously exceptional. Mr. Mirer cares about his clients. My brother's case was a 10 years mandatory minimum. Thanks
    - Former Client
  • "Michael provided a very professional service and was able to deliver results fast."
    Michael helped me out with a misdemeanor as to avoid charges and conviction. He was helpful explaining what to do, what would it take, how long, etc. Michael provided a very professional service and was able to deliver results fast.
    - Former Client
  • "Mr. Mirer the best attorney all around, very respectful, a humble person, open minded and well respected."
    Mr. Mirer saved me from a 25 year conviction, the case was of drug trafficking. I only did 20 months in prison when it should've been no less than 15 years. He worked hard he's not all about just taking your money and forgets about u. He has an amazing team that does not let his clients down. No matter how busy he is he always answer phone calls, texts if not at the moment he'll find the time to reach back. I always felt like my case was priority and that's important for a client and I thank him for that. Definitely he will always be my first choice of recommendation to whom is in need of a trust worthy lawyer. Thank u again Mr. Michael Miter.
    - Former Client
    Miami, FL
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