Miami, FL False Imprisonment Attorney

Trusted Lawyer Helping Clients Address Accusations of False Imprisonment in Miami, Florida

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 an offense similar to kidnapping, and while it may be less serious, a person accused of this crime may face 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 they could also be required to pay additional monetary damages to the alleged victim.

Those who are arrested based on accusations of this offense will need an advocate. The Miami false imprisonment lawyer at The Hoffman Firm can help. Call us today at 305-249-0090 or contact us online to learn more about how we can help you.

False Imprisonment Charges in Florida

In Florida, false imprisonment is typically charged as 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, commits one or more other specified offenses. These include:

• Sexual battery
• Aggravated child abuse
• Lewd or lascivious molestation
• Lewd or lascivious battery
• Lewd or lascivious exhibition
• Lewd or lascivious conduct
• Procuring a child for prostitution
• Forcing, compelling, or coercing another to become a prostitute
• Exploitation of a child or allowing a 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 a 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 may face when charged with false imprisonment, an alleged victim can also file a civil claim against the alleged offender to seek possible monetary damages.

Contact Our Miami False Imprisonment Defense Lawyer

If you have been arrested and charged with false imprisonment or another related offense, The Hoffman Firm will help you understand the legal process and your options. Call us at 305-249-0090 today or contact us online for a free consultation.