What is False Imprisonment
False imprisonment covers a wide variety of illegal conduct, and is always classified as a felony with mandatory jail time. Section 787.02 of the Florida Statutes defines false imprisonment as restraining, confining, abducting or imprisoning a person without his or her consent. If the victim is under 13 years old, false imprisonment is assumed if the child is restrained without parental consent.
Penalties For False Imprisonment in Florida
In Florida, false imprisonment can result in the convicted person spending several years in prison and paying heavy fines. There are enhancements if the court determines the defendant is a habitual felony offender. There are also additional penalties if the victim is under 13 and subjected to sexual abuse, molestation, prostitution-related activities and other forms of exploitation.
The defense against a false imprisonment charge can be exceptionally complicated, and anyone accused of the crime should seek an experienced attorney with experience in defending people against allegations of violent crimes. The attorney will know what to look for in determining whether the case actually involved elements required for a conviction, and whether a reasonable doubt can be raised about the guilt of the accused.
False Imprisonment Defense Strategies
By investigating the case thoroughly, a defense attorney can raise doubts over whether force was used in detaining a person, or if the defendant’s words actually were threatening, or if a threatening tone was used. The attorney will also seek to determine whether there was a plausible motive for the defendant to commit the crime. In some cases, prosecutors will have difficulty demonstrating the intent was to hold a person for ransom, sexually assault the person, hold him or her hostage or harm the victim in some other way.
Contact a False Imprisonment Attorney in Orlando
Only the best criminal defense attorneys can assist someone accused of false imprisonment or another violent crime. Lack of proper, experienced representation in court is likely to lead to disruption of lives and a court record that may be public for the remainder of the defendant’s days.
If you are facing charges resulting in committing false imprisonment, contact the legal team at The Umansky Law Firm today.