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Florida defines False Imprisonment as the forcible, secretive, or threatening confinement, abduction, imprisonment, or restraint of another person against their will and without the lawful authority to do so.

Penalties for a False Imprisonment Charge

In Florida, False Imprisonment is classified as a third degree felony punishable by up to:
  1. Five years in state prison;
  2. Five years of supervised probation;
  3. A $5,000 fine

Defenses to a False Imprisonment Charge

In addition to factual defenses that would be raised at trial to show reasonable doubt as to the crime alleged, some common defenses to a False Imprisonment charge in Florida include:

You did not have the intent to confine, abduct, or imprison the person
If you never had the intent to confine, abduct, or imprison another against their will, you may have a defense to a False Imprisonment charge in Florida. However, it is important that your subjective intent will matter less than what the objective and surrounding circumstances indicate.
 
It is also important to understand that this defense typically is judged by a jury and in only certain circumstances would a Judge agree to dismiss the False Imprisonment charge based on such a defense.

You had lawful authority to confine, abduct, or imprison the person
It is a prerequisite of the crime of False Imprisonment that you confined, abducted, or imprisoned another without lawful authority to do so. While this defense may be rare, it is still a viable option in certain situations and must be explored fully.

Contact Orlando Criminal Defense Attorney Chris Kaigle if you’ve been charged with False Imprisonment in Florida!
(407) 545-6416