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False Imprisonment Put a Skilled and Trial-Proven Attorney in Your Corner

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.

Call The Hoffman Firm today at (305) 928-1669 if your case is in Miami, 954-737-3004 if your case is in Broward County, or contact us online to learn more about how we can help you.

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.

These include:

  • 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.

Why Should You Choose The Hoffman Firm?

Here Are Six Reasons
  • Client-Focused Representation

    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.

  • Premier Criminal Defense Firm

    Experienced Attorney Evan Hoffman has handled some of the most high profile and complex cases.

  • Proven Track Record

    Client satisfaction is our top priority. At The Hoffman Firm we take great pride in our success and case victories.

  • Florida Former State Prosecutor

    Attorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.

  • Free Initial Consultation

    We offer free initial consultations to ensure that we have your best interests in mind.

Hear it From Our Clients

Read What Past Clients Had to Say
  • “THE BEST ATTORNEY in town. My family member was arrested and I was referred to Evan. He provided me his personal cell phone and I was always able to text him if I had any questions. As busy as he is, I was always able to get a hold of him.”

    - John
  • “Evan was able to get all my charges dismissed and now 6 months after the worst mistake of my life (getting arrested), Evan was able to give me my life back. Hiring Evan was the best decision I have ever made and it will be yours also.”

    - Stacy
  • “Clearly a master of the law. I am a true client and not a competitor who writes mean and derogatory reviews just to bash the competition. Mr. Hoffman met me after hours, understood my legal issues and ...”

    - Armando
  • “I know that I am grateful for all of Evan's hard work and can without a doubt recommend him to my friends, family and all of those out there on the world wide web.”

    - Joshua
  • “If anyone is ever arrested or even under investigation, I can assure you the only person you need to call is EVAN!”

    - John

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Record Of Success

Aggressive Criminal Defense
  • Not Guilty Felony Robbery

    Client was charged with armed robbery in Tallahassee. In less than an hour, the jury returned a verdict of not guilty.

  • Case Dismissed Possession of Marijuana

    We filed a motion to suppress the stop based upon an illegal search and seizure. The Judge ruled that the officer did not have probable cause to stop the client.

  • Not Guilty Felony Sexual Battery

    Client was arrested for sexual battery and case went to trial. In less than 30 minutes the verdict was not guilty.