I see this charge a lot when someone is arrested for Domestic Violence and there is an allegation that the suspect blocked the alleged victim from leaving, or prevented them from calling the police by taking their phone from them.
What is False Imprisonment?
Florida Statute 787.02 defines False Imprisonment as follows:
“Forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against his or her will.”
What is the penalty for False Imprisonment?
In Fort Walton Beach and throughout Florida, this charge is a 3rd degree felony offense which means that it is punishable by up to 5 years in prison and a $5000.00 fine. Under the Florida Sentencing Guidelines, False Imprisonment is a Level 6 offense, which means it carries 36 points.
What defenses are there to False Imprisonment?
Prosecutors and cops love to “tack on” this charge to any domestic violence arrest where there is any allegation that someone was restrained in any way. However, the prosecutors in Fort Walton Beach are usually smart enough to realize that this charge is difficult to prove beyond a reasonable doubt. In some cases, just by setting the case for trial, I am successful in getting the False Imprisonment charge dismissed.
If the prosecutor won’t agree to dismiss, another strategy I have used is to set a deposition of the alleged victim. At the deposition, I am able to question the accuser in detail about the allegations with the hope of exposing holes in their story, or establishing that there really wasn’t enough evidence of confinement or restraint to continue with the False Imprisonment charge.
Obviously, every case is different. The advantage of hiring Flaherty Defense Firm is that I have been defending criminal cases right here in Fort Walton Beach since 2001. That means I have the experience to adapt our strategies to fit the circumstances of your case.
Call a Fort Walton Beach False Imprisonment Attorney
If you or a loved one has been charged with False Imprisonment, call the firm that gets results. Here at Flaherty Defense Firm, I am ready to put my expertise to work for you. Call anytime, 24 hours a day, 7 days a week, at (850) 243-6097.