FALSE IMPRISONMENT IN FLORIDA – An Insight by an Experienced Orlando Attorney
What are the Elements of False Imprisonment in Florida?
Under Sec. 787.02, Florida Statutes, the elements of False Imprisonment in Florida are:
- A person confined, abducted, imprisoned, or restrained another person against that person’s will, whether by force, by threat, or in secrecy; AND
- There was no lawful authority for the confinement.
Children less than 13 years old are effectively unable to consent to confinement, as the law states that any confinement of such a child is considered to be against the child’s will unless a parent or legal guardian has consented.
What are the Penalties for False Imprisonment in Florida?
False Imprisonment is a third-degree felony in Florida, punishable by 5 years of prison or probation, and a $5,000 fine.
|Prison or Probation
||Up to 5 years
||Up to $5,000
The charge carries a severity level of 6 (or 36 points) under the Criminal Punishment Code. Assuming there are no aggravating circumstances (such as prior criminal convictions or victim injuries), there is no minimum mandatory sentence (which is required only when you score more than 44 points).
This means that even though the judge can sentence you up to the maximum prison time, the judge is not required to order any amount of prison time.
How Can I Fight a Charge of False Imprisonment in Florida?
When charged with False Imprisonment in Florida, it’s crucial to understand the defenses available.
Motion to Suppress
One of the most common defenses is the motion to suppress, which seeks to exclude evidence that was obtained in violation of your constitutional rights.
Another potential defense is the alibi defense, where you provide evidence that you were elsewhere when the alleged crime occurred, making it impossible for you to have committed the crime.
At Leppard Law, we can use these and other strategies to challenge the State’s case or prove your innocence. Our experienced attorneys can take the steps necessary to challenge any restraining orders or charges you may currently face.
1. What is the punishment for False Imprisonment in Florida?
False Imprisonment is a third-degree felony in Florida, punishable by up to 5 years of prison or probation, and a $5,000 fine.
2. What constitutes False Imprisonment?
False Imprisonment involves a person confining, abducting, imprisoning, or restraining another person against that person’s will, whether by force, by threat, or in secrecy, and there being no lawful authority for the confinement.
3. Can I fight a charge of False Imprisonment in Florida?
Yes, there are several defenses available to fight a charge of False Imprisonment in Florida, including demonstrating that the alleged crime served a legitimate purpose or providing an alibi.
5. How can Leppard Law help me with a charge of False Imprisonment?
Leppard Law can help by challenging the State’s case, proving your innocence, or moving to throw out evidence that was obtained in violation of your constitutional rights.
PUT OUR EXPERTISE ON YOUR SIDE
Many would be shocked to find out that in Florida even something as basic as holding someone’s hand the arm could be considered to be false detention. It’s not always clear what evidence of false imprisonment is enough to justify the conviction. Talking to a knowledgeable lawyer for criminal defense can be beneficial in helping you to prepare for fighting to protect your rights.
Contact Leppard Law today!
Contact Leppard Law for more details about how you can best defend against false imprisonment. Leppard Law is located in Central Florida We handle cases throughout Orlando, Orange County, Seminole County, Brevard County, Lake County, Volusia County, and Osceola County.
We invite you to contact us via email or phone (407) 476-4111 to schedule free consultation with a seasoned Central Florida False imprisonment defense lawyer.