False Imprisonment and Kidnapping Charges in Miami, FL

What is False Imprisonment Under Florida Law?

According to Section 787.02 of the Florida statutes, false imprisonment occurs when a person forcibly, by threat, or secretly confines, abducts, imprisons, or restrains another person without lawful authority and against their will.

Confinement of a child under 13 is considered against their will if it is without the consent of the child’s parent or legal guardian.

The key elements the prosecutor would need to prove beyond a reasonable doubt to convict you of false imprisonment are:

The prosecution must prove that you forcibly, secretly, or by threat confined, abducted, imprisoned, or restrained another person against that person’s will, and that you had no lawful authority to do so.

False imprisonment is generally a third-degree felony. The victim being under 13, or the accused not being the child’s parent, does not by itself raise the felony degree.

False imprisonment of a child under 13 becomes a first-degree felony punishable by up to life in prison when the accused also commits an offense listed in section 787.02(3) during the confinement. Examples include aggravated child abuse, sexual battery against the child, and specified lewd or lascivious offenses.

False imprisonment can also be charged in a domestic violence case when the alleged victim is a family or household member under Florida law. An allegation that someone used force or threats to stop a spouse from leaving the home can raise both false-imprisonment and domestic-violence issues.

What Constitutes Kidnapping in Florida?

Under section 787.01, Florida Statutes, kidnapping involves forcibly, secretly, or by threat confining, abducting, or imprisoning another person against that person’s will and without lawful authority, with the intent to:

  • Hold for ransom or reward, or as a shield, or hostage
  • Commit or facilitate the commission of any felony
  • Inflict bodily harm or terrorize the victim or another person
  • Interfere with the performance of any governmental or political function

Kidnapping does not require taking someone to a different location. Confinement in one place may qualify if the prosecution proves the required intent and the other elements.

When the charge rests on an intent to commit or facilitate another felony, additional limits apply. The confinement or movement must go beyond what is merely incidental to that felony or inherent in it, and must make the felony substantially easier to commit or substantially reduce the risk of detection.

Our firm also defends other violent crime charges in Miami.

Defenses to Unlawful Imprisonment and Kidnapping Allegations:

There are various legal defenses that a skilled criminal defense attorney may be able to assert to fight kidnapping or false imprisonment charges, such as:

  • No intent: The confinement or restraint was accidental, or there was no intent to confine the alleged victim. You mistakenly closed a door on someone.
  • Consent: The alleged victim consented to the confinement or voluntarily accompanied you.
  • Self-defense or defense of another: Restraining someone with nondeadly force may be lawful when you reasonably believe it is necessary to protect yourself or another person from imminent unlawful force.
  • Performance of a duty: For example, a loss prevention officer lawfully detains a shoplifter pending police arrival.
  • No deprivation of liberty: You did not actually confine the victim or prevent them from leaving. A reasonable means of escape was available.
  • Misidentification: You have been wrongly identified as the perpetrator.

Penalties for Kidnapping and Unlawful Imprisonment Convictions

Without an applicable enhancement, third-degree felony false imprisonment carries up to five years in prison and a $5,000 fine. Kidnapping is generally a first-degree felony punishable by up to life in prison. Kidnapping a child under 13 while committing certain additional offenses is a life felony. Weapon use, firearm possession or discharge, and other sentencing provisions can affect the felony degree and required sentence. Brandishing a firearm does not, by itself, require an automatic life sentence.

Given the extremely high stakes when facing allegations of kidnapping or false imprisonment, it is imperative to immediately consult with an experienced criminal defense attorney who understands Florida law.

Contact a Miami Kidnapping Defense Lawyer Today

The criminal defense lawyers have successfully defended clients against kidnapping charges by presenting compelling defense arguments about lack of criminal intent, misidentification, and consent.

If you or a loved one has been accused of kidnapping or false imprisonment in Miami, call for a free case evaluation. An experienced defense lawyer can review the facts, explain the possible penalties, and identify defenses that fit your case.

CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545, or simply take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

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