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:

  • You confined, detained, or prevented the victim from leaving an area without consent
  • You acted intentionally and knowingly
  • The victim was aware of the confinement
  • The victim did not consent to the confinement

False imprisonment is generally a third-degree felony in Florida, but it becomes a second-degree felony if the victim is a child under 13 or a first-degree felony if the victim is under 13 and the offender is not the victim’s parent.

If a child under 13 is falsely imprisoned and the offender commits aggravated child abuse, sexual battery, lewd/lascivious acts against the child, involves them in prostitution, or exploits them, it becomes a first-degree felony punishable up to life in prison.

What Constitutes Kidnapping in Florida?

Under Section 787.01 of the Florida statutes, the crime of kidnapping occurs when a person knowingly abducts or confines another person unlawfully 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

To “confine” means to forcibly restrict a person’s movements against their will by moving them from one place to another or confining them to the place they are already located. “Abduct” means to force, threaten or trick someone into accompanying the abductor.

Kidnapping is always a first-degree felony in Florida, punishable by life in prison. Even if a kidnapping lasts only a few minutes, it is still a first-degree felony. Any act of forcibly confining or moving a victim from the place they are found can constitute kidnapping. Brandishing a firearm during a kidnapping is an automatic life sentence.

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: You restrained someone out of a reasonable need to defend yourself or others from harm.
  • 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. There was a reasonable means of escape available.
  • Misidentification: You have been wrongly identified as the perpetrator.

Penalties for Kidnapping and Unlawful Imprisonment Convictions

A false imprisonment conviction exposes you to five years in prison, five years of probation, and a $5,000 fine. A kidnapping conviction can result in a mandatory life sentence in prison without parole in Florida.

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, unlawful imprisonment, or false imprisonment in the Miami area, call for a free case evaluation today. An experienced defense attorney can thoroughly review the facts of your case and start building a strong defense on your behalf.

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