False Imprisonment & Kidnapping In Florida Domestic Violence Cases

Both false imprisonment and kidnapping are serious crimes in Florida, but the average person tends to overthink them both. False imprisonment conjures up images of armed guards on doorways, while kidnapping is a body thrown in a car trunk and driven across state lines like one might see in the movies. In reality, both of these offenses, particularly in a domestic violence context, can be no more than locking someone in a room or refusing to let a person leave the premises. If you are unsure as to whether you have been a victim of domestic violence, know that these crimes happen in this context with regularity.

False Imprisonment

If, in your case, the alleged victim of false imprisonment is an adult, the state must show that your behavior amounted to “forcibly, by threat, or secretly confining, abducting [ … ] a person against [their] will.” If a victim is under the age of 13, the same definition applies, except that their parents’ will is considered along with their own. For example, a person refusing to allow a child to leave home and go to school would likely be said to be falsely imprisoning them because even though they may not wish to go to school, the child’s parents want them to go.

Most false imprisonment crimes are tried as third-degree felonies, meaning one will face at least a five-year prison sentence. However, if someone is convicted of false imprisonment within a domestic violence context, this means that the sentence will almost certainly be longer because in Florida, domestic violence is not one single crime. Rather, the underlying offense, such as battery or stalking, or indeed, false imprisonment, is charged, and domestic violence is used as a sentencing enhancement if someone is convicted.

Kidnapping

While false imprisonment is refusing to allow someone to leave a place, kidnapping adds more. To be convicted of kidnapping, a person must be holding their alleged victim for the purpose of committing another crime against them – for example, committing fraud or theft by stealing their money, or committing battery or even homicide against this person they have at their mercy. Because of this, kidnapping is usually charged as a first-degree felony, which can carry anything from 30 years to life in prison, depending on the specific facts of the case.

The question of whether someone is guilty in a domestic violence context can be a bit confusing, because while domestic violence is considered a crime in Florida, it is not a single crime that can be charged. The right attorney can simplify the issue for you and for the jury, because if someone holds you against your will, it can be a terrifying experience, and you deserve to have your story told.

Call A West Palm Beach Domestic Violence Attorney

If you have been a victim of kidnapping or false imprisonment perpetrated by a family or household member, know that this counts as domestic violence under the law. A West Palm Beach criminal defense attorney from the firm of Perlet & Shiner, P.A. can represent your interests in a civil or criminal trial, letting you focus on getting your life back on track. Call our office today to schedule a consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0787/Sections/0787.02.html