Overview of False Imprisonment
Miami Domestic Violence Defense Lawyer
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.
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