False Imprisonment Lawyer in Miami
Also Protecting the Rights of Clients in Fort Lauderdale
Florida Statute § 787.02(a) defines false imprisonment as, "forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will." It is a lesser-included offense of kidnapping, and results in a person facing felony charges. Additionally, people convicted of false imprisonment can face both criminal and civil liability—meaning an alleged offender not only faces a possible prison sentence and fines, but could also be subject to paying additional monetary damages to the victim. Those charged need an advocate. The Miami false imprisonment lawyer at The Hoffman Firm can help.
False Imprisonment Charges in Florida
In Florida, false imprisonment is a third degree felony. It becomes a first degree felony when an alleged offender falsely imprisons a child under the age of 13 and, in the course of committing the crime, committing any of other specified offenses.
- Aggravated child abuse
- Sexual battery
- Lewd or lascivious battery
- Lewd or lascivious molestation
- Lewd or lascivious conduct
- Lewd or lascivious exhibition
- Procuring a child for prostitution
- Forcing, compelling, or coercing another to become a prostitute
- Exploitation of the child or allowing the child to be exploited
- Human trafficking for commercial sexual activity in which a child under the age of 18, a mentally defective person, or a mentally incapacitated person was involved
Penalties for a Conviction
Depending on how a false imprisonment crime has been graded, an alleged offender could face either of the following maximum sentences if convicted:
- Third degree felony — Up to 5 years in prison and fine of up to $5,000
- First degree felony — Up to life in prison and fine of up to $10,000
In false imprisonment cases, an alleged victim may also file a civil claim seeking money damages. An alleged victim needs to have suffered some injury or harm as the result of being confined, abducted, imprisoned, or restrained.
It is essential to understand that a civil case is completely separate from a criminal case. Thus, an acquittal in a criminal case does not necessarily mean that an alleged offender will be automatically off the hook for civil liability.
An alleged victim still needs to prove by a preponderance of the evidence, (a lower burden of proof than the standard of beyond a reasonable doubt used in criminal cases), that an alleged offender intentionally restrained him or her.
Many false imprisonment arrests stem from domestic disputes, but there can be other settings in which people may be charged with this crime. In addition to the possible criminal penalties an individual faces when charged with false imprisonment, an alleged victim can also file a civil claim against the alleged offender to seek possible monetary damages.
We’ll help you understand the legal processes and your options. Call us at (305) 928-1669 today if you are in Miami. Call 954-737-3004 if you are in Broward County.
Our Firm is dedicated to client satisfaction. We are available 24/7 to help those in need.
Decades of Experience
Attorney Evan Hoffman has over two decades of experience fighting for the accused.
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Experienced Attorney Evan Hoffman has handled some of the most high profile and complex cases.
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Florida Former State Prosecutor
Attorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.
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