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.
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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.
