False Imprisonment in Florida

If accused of False Imprisonment, you need to know the:

Definition of False Imprisonment

Under Florida Statute Florida Statute 787.02, the crime of False Imprisonment is committed when a person either:

  1. Forcibly, by threat, confines, abducts, imprisons, or restrains another person without lawful authority against their will; or
  2. Secretly confines, abducts, imprisons, or restrains another person without lawful authority against their will.

Depriving Freedom of Movement

The essence 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 classified as a Third Degree Felony and is assigned a Level 6 offense severity ranking under Florida's Criminal Punishment Code.

If convicted of False Imprisonment, a judge can impose any combination of the following penalties:

  • Up to five (5) years in prison.
  • Up to five (5) years of probation.
  • Up to $5,000 in fines.

Defenses to False Imprisonment

As False Imprisonment is a general intent crime, the only defense available are the pretrial defenses and trial defenses that can be raised in any criminal case.

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 Criminal Defense Lawyer today.

The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.

References

  1. Proko v. State, 566 So. 2d 918, 920 (Fla. 5th DCA 1990)