Orlando False Imprisonment Lawyer

Orlando False Imprisonment Attorney

It is not uncommon for multiple charges to be brought over the same incident. False imprisonment is one of these crimes, as it is frequently charged alongside domestic violence and/or kidnapping. The penalties for a conviction of these crimes can be severe, and an accusation must be fought aggressively. A skilled Orlando false imprisonment lawyer can help you craft an effective defense and reach a favorable outcome for your case.

Florida law sees false imprisonment as a stark violation of an individual’s personal liberty. As a result, the crime is charged as a felony and carries life-altering consequences. Unfortunately, the definition of false imprisonment is broad and can be applied overzealously or incorrectly.

With decades of experience in both prosecution and criminal defense, Robert B. Fisher, P.A., understands how to fight false imprisonment charges. Utilizing our decades of experience throughout Seminole County, our team will persistently work on your case to build a strong defense, going the extra mile to find supporting evidence. The immense experience and exemplary service brought to your case will help you to reach the most favorable outcome.

What Is False Imprisonment in Florida?

Defined in Florida Statute § 787.02, false imprisonment occurs when a person is forcibly, by threat, or secretly held against their will, even if they are not being physically confined or restrained. This applies to situations of abduction, confinement, restraint, or imprisonment. Types of instances that could be charged as false imprisonment include:

• Threats of physical harm. A person threatens to harm another person or their loved ones if they attempt to leave.
• Physical restraint. This occurs when a person’s movement is physically restrained through actions like tying them up or locking them in a room.
• Deceptive confinement. A person uses deceit to trick another person into believing they cannot leave, such as lying about the Law.
• Medical false imprisonment. If a medical professional restrains a patient without a legitimate medical reason, they can be charged.
• False arrest. This occurs when a person is arrested and held against their will, but the officer lacks probable cause or a warrant to do so.

It is important to note that this charge does not apply in situations where the person doing the confinement has the lawful authority to do so, such as in a lawful arrest by a police officer.

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Penalties for False Imprisonment

False imprisonment in Orlando is charged as a felony in the third degree. This can result in being incarcerated for up to five years and a financial penalty of up to $5,000.

There are, however, situations where false imprisonment can be charged as a first-degree felony and result in life imprisonment and a financial penalty of up to $10,000. If the victim was less than 13 years old and the incident involved another crime like sexual battery, lewd or lascivious conduct, or exploitation of a child, the charge is elevated to a felony in the first degree.

There are additional penalties to consider, such as penalties that arise from having a felony on your criminal record. They can include:

• Inability to hold a professional license
• Loss of firearm ownership
• Difficulty finding employment
• Being denied housing

Being convicted of a felony will also result in the loss of voting rights. An estimated 4.6 million Americans were not eligible to vote in the 2022 elections due to their felon status. Though some felons can have their voting rights restored in Orlando, there are conditions that must first be met, and some crimes are excluded from this rule.

Defense Strategies for False Imprisonment

Facing a false imprisonment charge can feel overwhelming and impossible, but there are effective strategies for building a defense. They include:

• Suppressing evidence that was illegally obtained
• Establishing an alibi for the defendant
• The victim consented to the confinement or restraint
• Mistaken identity
• Establishing that the prosecution has not met the burden of proof

FAQs

What Happens if I Am Convicted of False Imprisonment?

If you are convicted of false imprisonment, you can be penalized with incarceration for up to five years and a financial penalty of up to $5,000. However, that is far from the only consequence. Convicted felons can lose their right to vote until they meet all the conditions of their sentence, including financial penalties. More than 1.1 million Florida residents are banned from voting, often due to their inability to pay court-ordered monetary sanctions.

What Are the Elements of False Imprisonment in Florida?

To prove guilt of false imprisonment beyond a reasonable doubt, the prosecution must show specific elements are present. These include the defendant abducting, confining, imprisoning, or restraining the victim, the confinement being done without the victim’s consent or against their will, and the defendant lacking the lawful authority to act in the manner they did. Reviewing the facts with your attorney can help provide insight into how your case may be tried.

Are Kidnapping and False Imprisonment Different?

Kidnapping and false imprisonment are different crimes in the state of Florida. Though they are similar, there are specific differences. Both are felonies, but false imprisonment is generally considered a less severe crime and is a more common scenario. It is crucial that you reach out to an experienced defense attorney if you are charged with either crime. Regardless of the circumstances, they can help you ensure your rights are protected and build a strong defense.

What Is the Most Effective Criminal Defense for False Imprisonment Charges?

The most effective criminal defense for false imprisonment charges depends entirely on the circumstances of the alleged crime. Crafting a strong defense requires critically evaluating all the evidence presented and diligently collecting supportive evidence. This task can feel daunting while you attempt to protect yourself, but fortunately, a skilled criminal defense attorney can take this task on while you handle your personal life.

Orlando False Imprisonment Lawyer

False imprisonment charges cannot be taken lightly. The criminal penalties are severe, but so are the social consequences even after a potential incarceration period is over. Choosing the wrong attorney can severely limit your chances of reaching a favorable outcome.

Robert B. Fisher, P.A., has over three decades of experience in Seminole County defending clients and can work with you to build an effective defense against false imprisonment charges. We work hard to defend your rights and secure fair outcomes for our clients. Reach out to our office today. Let us put our knowledge and experience to work for you and provide you with the defense that you deserve.