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Is False Imprisonment a Felony?
Definition and 5 Key Elements Explained

False imprisonment, which is defined as the unlawful restraint or restriction of another person’s freedom of movement against their will, can be charged as either a felony or a misdemeanor, depending on the circumstances and the laws of the jurisdiction where the offense occurs.
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C.L. Mike Schmidt Published by C.L. Mike Schmidt

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What is False Imprisonment?

According to Contra Costa, false imprisonment is a serious crime that involves the unlawful and intentional restraint or confinement of a person against her or his will [1]. False imprisonment restricts an individual's freedom of movement without legal justification or consent.

Also Read: Is Kidnapping a Felony?

Elements of False Imprisonment

False imprisonment can take many different forms; however, key elements of the crime usually include:

  • Intentional Restraint: False imprisonment must be intentional, meaning that the person committing the crime knowingly and purposefully restrains the other person.
  • Unlawful Restraint: The restraint must be unlawful, meaning that there is no legal reason for the action. Legal justifications could include law enforcement taking a suspect into custody within the scope of their duties or other situations where restraint is legally justified.
  • Against the Victim's Will: The victim must be confined or restrained without their consent and against their will. Coercion, threats, force, or deception may be used to confine the individual.
  • Deprivation of Freedom of Movement: False imprisonment involves confining a person's freedom of movement. This can occur in physical spaces or by controlling their ability to leave a particular area.
  • Lack of Legal Authority: The individual committing false imprisonment must lack legal authority for their behavior. If someone has the legal authority to restrain another person, it would not be considered false imprisonment.

Examples of Misdemeanor, Felony False Imprisonment

In many jurisdictions, extraneous factors including the use of force, duration of the confinement, and the presence of aggravating circumstances can influence whether the crime of false imprisonment is considered to be a felony or a misdemeanor. For example:

Misdemeanor False Imprisonment:

  • Usually involves shorter durations of confinement.
  • May not involve the use of physical violence or threats.
  • Typically considered less severe cases.

Felony False Imprisonment:

  • Involves more severe cases, such as longer-term confinement.
  • May involve the use of weapons, violence, or other extenuating factors.
  • Intent on the part of the offender to commit another crime during the false imprisonment may elevate it to a felony.

What To Do If You've Been Charged With False Imprisonment

If you are facing charges related to false imprisonment, you should seek legal advice from a qualified attorney who can provide guidance based on the specific laws of the jurisdiction and the details of the case.

It's important to understand that legal definitions and classifications vary by state and local jurisdiction, and the specific elements required for a false imprisonment charge may differ. Laws regarding false imprisonment are designed to protect individuals from being unlawfully restrained, and the severity of the offense is reflected in the potential penalties.

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FAQs

Can a misdemeanor false imprisonment charge be elevated to a felony?
Yes, a misdemeanor false imprisonment charge can be elevated to a felony if there are aggravating factors, such as the use of force or threats, causing injury to the victim, or if the confinement was for an extended period. Additionally, if new evidence emerges showing the incident was more severe than initially believed, the charges may be upgraded to a felony.

What are the long-term consequences of a felony false imprisonment conviction?
The long-term consequences of a felony false imprisonment conviction can be severe, including a permanent criminal record, difficulty finding employment or housing, loss of professional licenses, loss of the right to own firearms, and damage to personal and professional relationships. Additionally, the convicted individual may face social stigma and challenges in family law matters, such as child custody or visitation rights.

What legal defenses are available in a felony false imprisonment case?
Legal defenses in a felony false imprisonment case may include arguing that the alleged confinement was consensual, that the defendant had legal authority to detain the individual (such as in a citizen's arrest), that there was no intent to unlawfully restrain the victim, or that the allegations are false. The specific defense will depend on the facts of the case, and it’s essential to work with an experienced attorney to develop a strong defense strategy.

Can false imprisonment charges be dismissed or reduced?
False imprisonment charges can sometimes be dismissed or reduced, depending on the circumstances and the defense strategy. If there is insufficient evidence to prove the charges, if there are mitigating factors, or if a plea agreement is reached, the charges may be reduced from a felony to a misdemeanor or dismissed altogether. Consulting with a defense attorney is essential to explore these possibilities.

If you’re accused of a crime, don’t hesitate to contact us for your free consultation with one of our experienced personal injury lawyers.

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References:

  1. https://www.contracosta.ca.gov/927/False-Imprisonment