In Florida, false imprisonment is a criminal offense defined under Section 787.02 of the Florida Statutes. False imprisonment occurs when a person forcibly, secretly, or by threat, confines, abducts, imprisons, or restrains another person without lawful authority against their will.

Under Florida law, false imprisonment charges are either filed as a misdemeanor or a felony, depending on the circumstances of the case. If the false imprisonment criminal case involves the use or threat of violence, a deadly weapon, or the confinement of a child under the age of 13, then it is considered a felony of the third degree. If the false imprisonment case does not involve any of those factors, then the charge will be a misdemeanor in the first degree.

Penalties for False Imprisonment in Florida

Penalties for false imprisonment in Florida can include imprisonment, fines, and probation. A misdemeanor false imprisonment conviction can result in a maximum sentence of up to one year in jail and a fine of up to $1,000. A felony false imprisonment conviction can result in a maximum sentence of up to five years in prison and a fine of up to $5,000. Additionally, a person convicted of false imprisonment may be required to pay restitution to the victim for any damages or losses suffered as a result of the offense.

What are the Types of False Imprisonment? 

There are many types of false imprisonment, including:

  • Physical restraint: This occurs when a person physically restrains another person's movement, such as by tying them up, locking them in a room, or blocking their exit.
  • Threats of physical harm: This occurs when a person threatens to harm another person if they try to leave, such as by threatening to hurt them or their loved ones, or by displaying a weapon.
  • Deceptive confinement: This occurs when a person tricks another person into believing they cannot leave, such as by lying about the law, falsely impersonating a law enforcement officer, or using other forms of deceit.
  • False arrest: This occurs when a person is arrested without probable cause or a warrant, and is then held against their will.
  • Medical false imprisonment: This occurs when a medical professional restrains a patient without a legitimate medical reason, such as to punish or control them.

These are some of the most common types of false imprisonment, but there may be other variations depending on the specific circumstances of the case. In general, false imprisonment involves depriving someone of their liberty without their consent and without lawful authority.

How to Defend Against False Imprisonment Charges in Florida

If you are facing false imprisonment charges in Florida, there are several potential defenses that your attorney may be able to use, depending on the specific circumstances of your case. Here are some of the most common defenses:

Consent: If the alleged victim consented to be confined or restrained, then it may not be considered false imprisonment. However, consent must be freely given without any coercion or deception.

Justification or excuse: If the confinement or restraint was necessary to prevent harm to the alleged victim or others, or to protect property, then it may be considered justified or excused. For example, a store owner may detain a suspected shoplifter to recover stolen goods.

Lack of intent: False imprisonment requires that the defendant acted with intent or knowledge of the confinement or restraint. If the defendant did not intend to confine or restrain the alleged victim, or if the confinement or restraint was accidental, then it may not be considered false imprisonment.

Self-defense: If the defendant restrained or confined the alleged victim in self-defense or defense of others, then it may be considered justified. However, the force used must be reasonable and proportionate to the threat faced.

Police authority: If the defendant is a law enforcement officer or acted under the authority of a warrant, court order, or other legal processes, then it may not be considered false imprisonment. However, the authority must be valid and lawful.

It's important to note that these defenses are not always applicable and will depend on the specific facts and circumstances of your case. If you are facing false imprisonment charges in Florida, it's recommended that you speak with an experienced criminal defense attorney to discuss your options and potential defenses.

Why is Musca Law Considered a Top-Rated Florida Criminal Defense Law Firm?

Musca Law is considered a top-rated law firm for several reasons:

Experience: The attorneys at Musca Law have decades of combined experience in criminal defense law. They have handled a wide range of cases, from misdemeanors to serious felonies, and have successfully defended clients in and out of court.

Reputation: Musca Law has a strong reputation in the legal community and among past clients. The firm has received numerous accolades and awards for its legal expertise and client service, including recognition as a Super Lawyers Rising Star and a 10 Best Law Firm in Client Satisfaction by the American Institute of Criminal Law Attorneys.

Client-focused approach: Musca Law takes a client-focused approach to representation, meaning that they prioritize their client's needs and work closely with them to achieve the best possible outcome. They offer personalized attention, 24/7 availability, and a commitment to transparency and communication throughout the legal process.

Resources: Musca Law has the resources and tools necessary to handle even the most complex criminal cases effectively. They utilize cutting-edge technology, expert witnesses, and other resources to build strong cases and fight for their client's rights.

Musca Law's combination of experience, reputation, client-focused approach and resources make them a top-rated law firm in the field of criminal defense.

Free Consultations 24/7 - Call Musca Law at 1-888-484-5057

If you or someone you know is facing false imprisonment criminal charges in Florida, don't wait to seek legal help. Contact Musca Law today at their toll-free number 1-888-484-5057 for your free consultation with one of their experienced Florida criminal defense attorneys.

At Musca Law, their team of skilled Florida false imprisonment attorneys will work tirelessly to protect your rights and fight for the best possible outcome in your case. With their extensive knowledge of Florida criminal law and a commitment to personalized representation, they will be your trusted advocates every step of the way.

Don't face your criminal charges alone. Call Musca Law today at 1-888-484-5057 to speak with an attorney and get the legal help you need. The call is free and confidential, so you have nothing to lose by reaching out.