False Imprisonment in Florida
Florida Statute Section 787.02 states that forcibly keeping a person against his or her will, regardless of whether that person is being restrained or confined, is a criminal offense. Because of the serious penalties an individual will face if convinced. False Imprisonment is an offense that is often related to domestic violence or battery charges; Basically, if one individual detains another without that person’s consent or permission, and without any legal justification, that individual may be facing criminal charges.
Defenses to False Imprisonment in Florida:
There are many defense strategies that could be used in your case, depending on the situation. Every circumstance is different, and whether the instance was related to accusations battery, or domestic violence. Some of the defenses which may be used to fight the allegations include –
- Merchant/Shop Keeper Privilege – When a shopkeeper suspects an individual shoplifting merchandise from their store, that person maybe legally detained by the merchant.
- Voluntary Consent to confinement – If a person allows the confinement, or consent to the confinement without any coercion or persuasion, then a false imprisonment has not been committed.
- Legal authority or restraining a minor – Imprisonment or restraint is justified when the accused has the authority to legally detain the individual, or was acting in the scope of his or her legal duties.
False imprisonment is charged as a third degree felony, false imprisonment is typically punishable by a max of five (5) years’ probation, fines of up to $5,000 or both.
Charged with False Imprisonment? Contact The Smith and Eulo Law Firm to speak with experienced Criminal Defense Attorney’s at 407-930-8912, or send us an email at SmithandEulo@gmail.com. We’re Your Path to Justice.