In Florida, false imprisonment is a serious criminal offense defined under Florida Statutes § 787.02. It involves unlawfully restraining, confining, or imprisoning another person against their will without legal authority. Unlike kidnapping, false imprisonment does not require the movement of the victim from one place to another. False imprisonment charges in Duval County are significant and require competent and experienced representation.  

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Definition of False Imprisonment:

False imprisonment occurs when a person:

1. Forcibly, secretly, or by threat confines, restrains, or imprisons another person.

2. Without lawful authority and against the victim’s will.

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Key Elements of False Imprisonment:

To convict someone of false imprisonment in Florida, the prosecution must prove the following elements:

Intentional Confinement: The defendant must have intentionally and unlawfully confined or restrained the victim.

Lack of Consent: The confinement or restraint must have been against the victim’s will.

No Legal Justification: The defendant must have acted without any legal authority to detain the victim.

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Penalties for False Imprisonment:

False imprisonment is classified as a third-degree felony in Florida. The penalties can be severe and include:

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Prison Time: Up to 5 years in prison.

Probation: Up to 5 years of probation.

Fines: Up to $5,000.

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Aggravated False Imprisonment:

If false imprisonment is committed under certain aggravating circumstances, the penalties can be more severe. Aggravating factors may include:

Victim is a Child, Disabled Adult, or Elderly Person: If the victim is under 13 years old, and the offender commits certain other offenses (such as child abuse or sexual battery) during the false imprisonment, the charge can be elevated to a first-degree felony, similar to kidnapping.

Use of a Weapon: If a weapon is used during the false imprisonment, it can lead to enhanced charges and penalties.

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Defenses to False Imprisonment:

Several defenses can be raised against a charge of false imprisonment, including:

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1. Consent: If the victim voluntarily consented to the confinement or restraint, this can serve as a defense.

2. Lawful Authority: If the defendant had legal authority to detain the victim, such as a law enforcement officer performing their duties, this can be a valid defense.

3. Lack of Intent: If the confinement was accidental or unintentional, this may serve as a defense.

4. Self-Defense: If the defendant confined the victim in an effort to protect themselves or others from harm, this may be a defense.

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Consequences of a False Imprisonment Conviction:

In addition to the criminal penalties, a conviction for false imprisonment can have long-term consequences, such as:

Permanent Criminal Record: A felony conviction can affect future employment, housing, and other opportunities.

Loss of Civil Rights: A felony conviction can result in the loss of certain civil rights, such as the right to vote or possess firearms.

Impact on Child Custody and Family Law Matters: A false imprisonment conviction can negatively impact child custody and visitation rights.

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Importance of Legal Representation:

False imprisonment charges are serious, and the consequences of a conviction can be life-changing. It is crucial to seek legal representation to build a strong defense. An experienced attorney can evaluate the evidence, negotiate with prosecutors, and work to reduce or dismiss the charges.

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In summary, false imprisonment in Florida involves unlawfully and intentionally confining or restraining someone against their will. It is a felony offense that carries significant penalties, and anyone facing such charges should seek legal counsel to protect their rights and future. Anyone charged with this crime in Jacksonville needs a Duval County defense attorney by his or her side.  Contact our office to discuss.  Consultations are always free and always confidential.