I have extensive experience in defending false imprisonment cases in Orange County, Seminole County and throughout the entire Central Florida area. I examine each false imprisonment case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. It is important that you start building your defense immediately after your arrest. Hiring an experienced false imprisonment attorney is essential. Once hired, I will:
- Collect and review all written statements, photographs and 911 calls;
- Find flaws in the police officer’s investigation;
- Identify all possible defenses;
- Immediately start negotiating with the prosecutor not to file formal charges, and
- Do whatever is necessary to avoid an conviction.
EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE
Early representation can often times convince your prosecutor to not file formal charges against you. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:
- Was any of the evidence collected against you illegally obtained?
- Are the allegations made against you false? Were there any witnesses to this incident?
- Were you read your Miranda rights? Were your statements obtained illegally obtained?
- Are there other factors or motivations that show your lack of intent to commit a crime?
- Is there a lack of evidence or a conflict in the evidence?
WHAT IS false imprisonment
False imprisonment under Florida statue 787.02 is defined as an individual intentionally inhibits or prevents another’s freedom of movement without his/her consent for any amount of time, he or she falsely imprisons that person.
False Imprisonment can include any of the following:
1. Physical barriers, such as locking someone in a closet.
2. Use and threat of physical force against the victims’ person, family, or property.
3. Wrongly asserted legal authority.
HOW IS false imprisonment proven IN FLORIDA?
To prove the crime of false imprisonment, the State must prove the following two elements beyond a reasonable doubt:
- Defendant forcibly, secretly or by threat confined, abducted, imprisoned or restrained the victim against his or her will.
- Defendant had no lawful authority to do so.
- Full Florida standard false imprisonment jury instructions
Penalties for false imprisonment
False imprisonment is classified as a third degree felony Which is punishable by up to five years in prison and up to a $5,000 fine. Other penalties include:
- County jail
- Permanent criminal conviction
- Community control, house arrest or supervised probation
- Anger management course
- No contact with victim or return to scene
DEFENSES FOR false imprisonment
There are many defenses available to contest a charge of false imprisonment in Florida. Some of the more common defenses include the following:
- Ignorance or Mistake
- Double Jeopardy
- Insanity
- Compulsion or Duress
- Consent of Victim
false imprisonment CASE LAW
Crawford v. State, 5D19-3058 (Fla. 5th DCA 2020) Crawford’s violation of probation charges arose from a domestic violence incident. Specifically, in the affidavit of violation of probation, the State charged Crawford with two violations of condition five of his probation based on the alleged false imprisonment and battery of the alleged victim on the night in question. However, there was no testimony from the hearing that would support a finding that Crawford falsely imprisoned the victim. The issue of battery presents a closer call. Yet, the victim’s testimony provided insufficient non-hearsay evidence to support a finding that Crawford committed a battery on the victim.
I DEFEND ALL false imprisonment CASES
If you were recently arrested or charged with any Florida false imprisonment charge, please call my Winter Park criminal defense law firm at 407-740-7275 to discuss your options. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.
I have extensive experience in defending false imprisonment cases in Orange County, Seminole County and throughout the entire Central Florida area. I examine each false imprisonment case for a lack of evidence or conflict in evidence that would support not filing formal criminal charges. It is important that you start building your defense immediately after your arrest. Hiring an experienced false imprisonment attorney is essential. Once hired, I will:
- Collect and review all written statements, photographs and 911 calls;
- Find flaws in the police officer’s investigation;
- Identify all possible defenses;
- Immediately start negotiating with the prosecutor not to file formal charges, and
- Do whatever is necessary to avoid an conviction.
EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE
Early representation can often times convince your prosecutor to not file formal charges against you. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:
- Was any of the evidence collected against you illegally obtained?
- Are the allegations made against you false? Were there any witnesses to this incident?
- Were you read your Miranda rights? Were your statements obtained illegally obtained?
- Are there other factors or motivations that show your lack of intent to commit a crime?
- Is there a lack of evidence or a conflict in the evidence?
WHAT IS false imprisonment
False imprisonment under Florida statue 787.02 is defined as an individual intentionally inhibits or prevents another’s freedom of movement without his/her consent for any amount of time, he or she falsely imprisons that person.
False Imprisonment can include any of the following:
1. Physical barriers, such as locking someone in a closet.
2. Use and threat of physical force against the victims’ person, family, or property.
3. Wrongly asserted legal authority.
HOW IS false imprisonment proven IN FLORIDA?
To prove the crime of false imprisonment, the State must prove the following two elements beyond a reasonable doubt:
- Defendant forcibly, secretly or by threat confined, abducted, imprisoned or restrained the victim against his or her will.
- Defendant had no lawful authority to do so.
- Full Florida standard false imprisonment jury instructions
Penalties for false imprisonment
False imprisonment is classified as a third degree felony Which is punishable by up to five years in prison and up to a $5,000 fine. Other penalties include:
- County jail
- Permanent criminal conviction
- Community control, house arrest or supervised probation
- Anger management course
- No contact with victim or return to scene
DEFENSES FOR false imprisonment
There are many defenses available to contest a charge of false imprisonment in Florida. Some of the more common defenses include the following:
- Ignorance or Mistake
- Double Jeopardy
- Insanity
- Compulsion or Duress
- Consent of Victim
false imprisonment CASE LAW
Crawford v. State, 5D19-3058 (Fla. 5th DCA 2020) Crawford’s violation of probation charges arose from a domestic violence incident. Specifically, in the affidavit of violation of probation, the State charged Crawford with two violations of condition five of his probation based on the alleged false imprisonment and battery of the alleged victim on the night in question. However, there was no testimony from the hearing that would support a finding that Crawford falsely imprisoned the victim. The issue of battery presents a closer call. Yet, the victim’s testimony provided insufficient non-hearsay evidence to support a finding that Crawford committed a battery on the victim.
I DEFEND ALL false imprisonment CASES
If you were recently arrested or charged with any Florida false imprisonment charge, please call my Winter Park criminal defense law firm at 407-740-7275 to discuss your options. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.
