Call us now:
False Imprisonment
False imprisonment is commonly viewed as a lesser offense to kidnapping, but it is still an extremely serious charge under Florida law. Matt Landsman is a North Florida criminal defense lawyer who specializes in false imprisonment charges. He has successfully represented numerous clients charged with false imprisonment and other felony offenses in Gainesville, Alachua County, and North Florida. Matt (or Matthew) Landsman is also a Board Certified Criminal Trial Lawyer reflecting the highest level of expertise recognized by the Florida Bar. He is available 7 days a week for a free consultation and has flexible consultation hours. Contact Matt Landsman today to learn what defenses may be available to you, and to start fighting back against the state. Matt Landsman is here for you.
False imprisonment is a third-degree felony under Florida law with a maximum penalty of five years in prison. In addition to jail time a defendant may face the possibility of receiving a permanent felony conviction and being required to register as a sex offender in cases involving minor victims. If the defendant commits another aggravated felony such as sexual battery, aggravated child abuse or human trafficking upon the victim during the course of the confinement, the charge will be elevated to a higher degree and could receive a penalty of up to life imprisonment.
Under Florida criminal law, unlawful false imprisonment is a felony offense and those arrested need to act quickly by contacting an experienced criminal trial lawyer. Time is of the essence, the faster an experienced criminal attorney is retained, the easier it is to fight back and protect your rights.
Understanding the Elements of False Imprisonment
The legal definition of false imprisonment is similar to that of kidnapping, but without certain aggravating factors. It requires the state to prove that the defendant restrained or confined a person against his or her will through force, threat or abduction and without legal authority. Force and threats are not required in all cases, and this is especially true when the victim is a minor. The state does not have to prove the defendant committed the act with the intent to injure the victim or profit off of the confinement, and there is no requirement that the victim suffer any type of injury.
False imprisonment charges are complex, but an experienced criminal trial attorney can help you understand the crime’s elements. In order for the prosecution to successfully convict a defendant of False Imprisonment under Florida Statute 787.02, they must prove two elements beyond a reasonable doubt:
Potential Penalties
False imprisonment can be a first or third degree felony in Florida. If the victim is an adult, the crime carries a potential penalty of up to five years in prison and a fine of up to $5,000. If the victim is a child under the age of thirteen, the offense is considered a first degree felony and punishable by up to life in prison and a fine of up to $10,000. The precise penalty is dependent upon the details and circumstances of the case.
How can an Experienced Gainesville Criminal Defense Attorney Help?
Matt Landsman false imprisonment lawyer is prepared to consider your case in a free consultation and consider the possible defenses available to you. Common legal defenses to false imprisonment include:
False imprisonment charges are common in domestic violence situations, and unfortunately is routinely supported by no evidence other than a statement. There is no time requirement in false imprisonment cases, and a victim claiming her or she was confined for mere minutes could result in charges. Police frequently charge defendants without any physical evidence or objective proof, but a lawyer may be able to convince the state not to file formal charges. Some false imprisonment charges can be motivated by spite or revenge and are extremely unjust, and he will do whatever it takes to fight for a dismissal. Matt Landsman is a North Central Florida false imprisonment lawyer with extensive experience defending clients in domestic violence situations. He has won numerous jury trials, and is standing by to offer a free consultation about your case. Matt Landsman Gainesville Defense lawyer provides all clients with his cell phone number and always keeps them informed and up to date with the progress of the case. If you have been charged with false imprisonment in North Florida or Gainesville Florida, call Matt Landsman today.
In addition, anyone convicted or who pleads guilty to domestic violence must attend and complete a six-month batterers’ intervention program (BIP) at his or her own expense if the judge or jury found that the victim suffered any bodily harm. There are rare exceptions to this statutory subsection, and an experienced domestic battery attorney can help.
What to Do When You’re Falsely Accused of False Imprisonment
Suppose you’ve been falsely accused of false imprisonment, physical violence, physical abuse, emotional abuse, sexual assault, personal injury, child support infractions, breaking domestic violence law, or breaking any other criminal law. What should you be concerned with? Are you worried about any of the following happening to you?
Could someone manipulate evidence against you by taking or using your resources you share? is there any danger of someone manipulating your bank account information or car title? Are your assets such as car title, jewelry, or bank accounts secure? Could someone easily liquidate your assets?
Are your logins secure to your social media, credit cards, electronic devices, email, applications, or online shopping sources? Could they be taken, misused, or surveilled?
Do you have notes or records of interactions with the accuser and have you retained all written interactions, including but not limited to emails, texts, and messages? Memories fade and people sometimes deny words that later become critical. Having a false imprisonment lawyer on your side helps you think through the possible problems you face and get the best solutions.
Can the alleged victim have these charges dropped?
Once someone issues a domestic violence charge including false imprisonment, the victim can’t have it dropped. It is considered a crime and since crimes are governed by the state, only the prosecutor has the authority to drop these charges. This is very different from how charges are presented in the media and how most people think our criminal justice system operates. Having a false imprisonment lawyer on your side is important now.
Hire an Experienced False Imprisonment Lawyer
Generally, the fees you pay will be based on the attorney’s experience, reputation, and track record of success. Suppose you are facing the power of the State, especially for allegedly causing bodily harm to another. In that case, you need a knowledgeable false imprisonment lawyer in Gainesville to advise you, advocate on your behalf, protect your rights, and fight for the best outcome.
Matt Landsman is Board Certified in Criminal Trial Law by the Florida Bar since 2016. Board certification is the highest level of evaluation and accreditation for lawyers by the Florida Bar and represents competency and experience within an area of law, as well as professionalism and ethics in practice. criminal defense attorney. Gainesville False Imprisonment Lawyer Matt Landsman has the experience you need to help you or your loved ones through Domestic Violence and False Imprisonment related difficulties with expert advice for a domestic violence defense in Gainesville and North Florida.
Have you been accused of a crime in Gainesville or North Florida? Call or contact us online to schedule a free consultation in Gainesville Florida.
