When a person hears the term “false imprisonment”, they usually think of the government falsely imprisoning someone who is innocent. However, this is not always the case. Often times, people are falsely imprisoned by another person, making it a criminal charge. Although it may not be as well known, to charge someone with false imprisonment, you do not have to be tied down or locked away. All that is truly required is that the person who claims to be falsely imprisoned be unable to move. There are various ideas associated with false imprisonment in regards to what it truly means, its penalties, and defenses. What is the truth about false imprisonment law?
False Imprisonment Compared To Kidnapping
The state of Florida defines false imprisonment as “forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against his will” . Although this is similar to kidnapping, the difference is the reasoning behind the crime. The Florida Bar states that “these two offenses are identical except for the question of intent”  In addition, the Florida Bar defines kidnapping as “forcibly, secretly, or by threat confining, abducting, or imprisoning another . . . with intent to: hold for ransom or reward or as a shield or hostage; commit or facilitate commission of any felony; inflict bodily harm upon or to terrorize the victim or another person; interfere with the performance of any governmental or political function” . As a result of the false imprisonment and kidnapping being so similar, the two “are vulnerable to the double offense problem” . This means that it is not as common to have a situation where the two are mutually exclusive. Overall, it is important to understand that the difference between the two offenses is that kidnapping is a subsection of false imprisonment due to the motivation in kidnapping situations . For example, a person can be charged for kidnapping and false imprisonment for the same crime while, depending on the motives, a person can also be charged only with false imprisonment, not kidnapping. This supports the idea that someone who is charged with kidnapping is also usually charged with false imprisonment as a lesser crime as well .
Penalties for False Imprisonment
There are very serious penalties for falsely imprisoning someone. The 2016 Florida Statutes states that “a person who commits the offense of false imprisonment is guilty of a felony of the third degree”. This means that the person who committed this crime can be imprisoned by the government for life if the person “actually killed, intended to kill, or attempted to kill the victim” . In addition, if the state that the crime was committed in allows the death penalty, the court is allowed to decide whether or not the felon would be sentenced to death or not. A person who is convicted but “did not actually kill, intend to kill, or attempt to kill the victim”… “may be punished by a term of imprisonment for life or by a term of years equal to life” . The consequences for committing the crime of false imprisonment depend on each individual case. Based on what each crime committed, the person who committed its previous legal records and other factors, the court can decide an accurate sentence for the guilty party . Committing the crime of false imprisonment is a serious offense and can seriously change the reality of not only the person who committed the act’s life, but also any party who has been influenced, harmed, or possibly killed due to the act. If you believe that you have been a victim of false imprisonment, it is critical that you contact an experienced personal injury attorney today. With the help of a seasoned legal attorney, you can fight for your legal rights and may be able to receive the compensation that you deserve.
Dolman Law Group
No person is allowed to imprison another without legal authority. Even professionals need sufficient evidence and support to warrant an arrest. Many people of powerful means feel as though they have this undeniable power when in reality the law says they do not. That’s why if you or someone you know has been confined without proper cause or authority, you must speak with an experienced false imprisonment attorney in the New Port Richey area for a free consultation and evaluation. Anything resembling false imprisonment is terrifying for the people being detained. If you or someone you know has been a victim of false imprisonment, it is vital to contact a knowledgeable false imprisonment lawyer that can help you. Individuals should not have to worry that they may be held against their own will. Do not let someone overstep your rights. Call the Dolman Law Group at (727) 853-6275 today.
Dolman Law Group
5435 Main Street
New Port Richey, FL 34652