False Imprisonment in Florida
The crime of False Imprisonment is a Third Degree Felony
Under Florida Statute 787.02, the crime of False Imprisonment is committed when a person:
- Forcibly, by threat, confines, abducts, imprisons, or restrains another person without lawful authority against their will; or
- Secretly confines, abducts, imprisons, or restrains another person without lawful authority against their will.
Depriving Freedom of Movement
The essence of the crime of False Imprisonment is the act of depriving another person of personal liberty or freedom of movement for any length of time.
Even briefly depriving another person their ability to leave can be sufficient to constitute the crime of False Imprisonment. [1]
Penalties for False Imprisonment
The crime of False Imprisonment is a Third Degree Felony in Florida and punishable by up to five (5) years in prison, five (5) years of probation, and $5,000 in fines.
False Imprisonment is assigned a Level 6 offense severity ranking under Florida’s Criminal Punishment Code. A judge may sentence a person convicted of False Imprisonment to probation, but may also impose a sentence up to the statutory maximum of five (5) years in prison.
Defenses to False Imprisonment
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, common defenses to the crime of False Imprisonment are:
Armed Trespasser
A property owner or other authorized person may detain an armed trespasser in a reasonable manner for a reasonable length of time provided law enforcement is called as promptly as possible after the trespasser has been detained. [2]
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of False Imprisonment in Central Florida or the greater Orlando area, please contact Orlando Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.