Tampa False Imprisonment Attorney

What Is False Imprisonment in Florida?

Tampa False Imprisonment Attorney

A false imprisonment charge in Florida is a serious felony offense that can result in a prison sentence, substantial fines, and a permanent criminal record. Although many people associate false imprisonment with kidnapping, prosecutors frequently file false imprisonment charges in situations involving domestic disputes, altercations between family members, arguments between dating partners, or allegations that someone prevented another person from leaving a particular location. If you have been arrested or accused of violating Florida Statute 787.02, it is critical to speak with an experienced Tampa false imprisonment attorney as soon as possible.

At Hunt Law, we represent clients throughout Tampa and Hillsborough County who are facing serious felony allegations. Every false imprisonment case is highly fact-specific, and the outcome often depends on witness credibility, the surrounding circumstances, and whether the State can prove each required element beyond a reasonable doubt.

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Definition of False Imprisonment Under Florida Law

Section 787.02, Florida Statutes, defines false imprisonment as:

"Forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against his or her will."

To secure a conviction, prosecutors generally must prove that:

• The accused forcibly, secretly, or through threats confined, restrained, abducted, or imprisoned another person;

• The confinement or restraint occurred without lawful authority; and

• The alleged victim did not consent to the confinement or restraint.

Unlike kidnapping, false imprisonment does not require proof that the confinement was intended to facilitate another crime, obtain a ransom, inflict bodily harm, or interfere with governmental functions. Nevertheless, false imprisonment remains a serious felony offense that can carry significant consequences.

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What Does "Against the Person's Will" Mean?

One of the most heavily contested issues in many false imprisonment cases is whether the alleged confinement actually occurred against the person's will.

The State must prove that the alleged victim was not free to leave and that the defendant intentionally restricted that freedom through force, threats, intimidation, or secret confinement. In many cases, this issue is far from clear. Arguments frequently arise regarding whether the person voluntarily remained in a location, whether a misunderstanding occurred, or whether the alleged victim reasonably believed they were unable to leave.

When the alleged victim is a child under the age of 13, Florida law provides that confinement is considered against the child's will if it occurs without the consent of the child's parent or legal guardian.

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Penalties for False Imprisonment in Florida

Third-Degree Felony

Standard false imprisonment is classified as a third-degree felony in Florida.

Potential penalties include:

• Up to 5 years in Florida State Prison

• Up to 5 years of probation

• A fine of up to $5,000

• A permanent felony conviction

• Loss of certain civil rights associated with a felony conviction

Even when a prison sentence is avoided, a felony conviction can negatively affect employment opportunities, professional licenses, housing applications, educational opportunities, and firearm rights.

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False Imprisonment of a Child Under 13

Florida law imposes significantly harsher penalties when false imprisonment involves a child under the age of 13 and certain aggravating circumstances are present.

A defendant may be charged with a first-degree felony punishable by up to life imprisonment if, during the false imprisonment of a child under 13, the defendant also commits offenses such as:

• Aggravated child abuse;

• Sexual battery;

• Lewd or lascivious battery;

• Lewd or lascivious molestation;

• Lewd or lascivious conduct;

• Lewd or lascivious exhibition;

• Certain prostitution-related offenses involving a child;

• Child exploitation offenses; or

• Human trafficking offenses.

These allegations expose a defendant to some of the most severe penalties available under Florida law and require an immediate and aggressive defense strategy.

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Common Defenses to False Imprisonment Charges

Every criminal case is unique, but several defenses may be available depending on the facts and circumstances.

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The Alleged Victim Was Free to Leave

One of the strongest defenses is that no actual confinement occurred. If the alleged victim was free to leave or voluntarily remained in the location, the State may be unable to establish an essential element of the offense.

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Consent

False imprisonment requires confinement against the person's will. If the evidence shows the alleged victim consented to remain where they were, the prosecution's case may be significantly weakened.

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Lack of Force, Threats, or Secret Confinement

The State must prove that the confinement occurred through force, threats, or secret means. If the evidence does not support these allegations, dismissal or reduction of charges may be possible.

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False Allegations

Unfortunately, false imprisonment accusations sometimes arise during heated domestic disputes, divorce proceedings, child custody disagreements, or relationship conflicts. An experienced defense attorney can investigate the circumstances, review communications, interview witnesses, and identify inconsistencies in the allegations.

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Insufficient Evidence

The prosecution bears the burden of proving guilt beyond a reasonable doubt. If witness statements conflict, physical evidence is lacking, or the allegations are unsupported, the State may be unable to meet that burden.

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Why Hiring an Experienced Tampa False Imprisonment Attorney Matters

False imprisonment cases often hinge on credibility, intent, and the specific details of what occurred during a brief interaction. Many cases involve conflicting witness accounts, emotional allegations, and limited physical evidence. Early intervention by an experienced criminal defense attorney can be critical to preserving favorable evidence, identifying weaknesses in the prosecution's case, and protecting your rights throughout the criminal process.

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Attorney J. Ruffin Hunt is a former Division Chief with the Hillsborough County Public Defender's Office who has handled thousands of criminal cases ranging from misdemeanors to serious felony charges. If you have been arrested, charged, or are under investigation for false imprisonment in Tampa or anywhere in Hillsborough County, Hunt Law is prepared to provide the aggressive and strategic defense you need.

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Speak With a Tampa False Imprisonment Attorney Today

A false imprisonment charge should never be taken lightly. The consequences of a conviction can follow you for years and may include prison, probation, and a permanent felony record. If you are facing allegations under Florida Statute 787.02, contact Hunt Law today for a free consultation to discuss your case and begin building your defense.

What Are The Elements Of False Imprisonment?

(Florida Standard Jury Instruction 9.2)

To prove the crime of False Imprisonment, the State must prove the following two elements beyond a reasonable doubt:

1. (Defendant) [forcibly] [secretly] [by threat]
[confined]
[abducted]
[imprisoned]
[restrained]

(victim) against [his] [her] will.

2. (Defendant) had no lawful authority to do so.

Give if applicable. Bishop v. State, 46 So. 3d 75 (Fla. 5th DCA 2010).
“Secretly” means the defendant intended to isolate or insulate (victim) from meaningful contact or meaningful communication with the public.

Read only if confinement is alleged and victim is under 13 years of age.
Confinement of a child under the age of 13 is against the child’s will if such confinement is without the consent of the child’s parent or legal guardian.

If a violation of § 787.02(3), Fla. Stat., is charged, instruct as follows:
If you find the defendant guilty of False Imprisonment, you must also determine whether the State has proved the following aggravating circumstances beyond a reasonable doubt:

1. At the time of the False Imprisonment, (victim) was under 13 years of age;
and

2. In the course of committing the False Imprisonment, (defendant) committed [an Aggravated Child Abuse] [a Sexual Battery against (victim)] [a Lewd or Lascivious Battery] [a Lewd or Lascivious Molestation] [a Lewd or Lascivious Conduct] [a Lewd or Lascivious Exhibition] [a Procuring a Child for Prostitution upon (victim)] [a Forcing, Compelling, or Coercing Another to Become a Prostitute upon (victim)] [an Exploitation of a Child upon (victim)] [Human Trafficking for Commercial Sexual Activity in which [a Child under the Age of 18] [an adult believed by the defendant to be a child younger than 18 years of age] [a Mentally Defective Person] [or] [a Mentally Incapacitated Person] was Involved] [Capital Human Trafficking of Vulnerable
Persons for Sexual Exploitation]. Define applicable felony unless included in other instructions.

If the State has charged and is seeking the adult-on-minor sex offense multiplier in § 921.0024(1)(b), Fla. Stat., instruct as follows. Alleyne v. United States, 133 S. Ct. 2151 (2013).

If you find the defendant guilty of False Imprisonment, you must also determine whether the State has proved the following four elements beyond a reasonable doubt:

1. At the time of the False Imprisonment, (defendant) was 18 years of age or older.

2. At the time of the False Imprisonment, (victim) was younger than 18 years of age.

3. The False Imprisonment was committed on or after October 1, 2014.

4. In the course of committing the False Imprisonment, (defendant) committed [Sexual Battery] [Lewd or Lascivious Battery] [Lewd or Lascivious Molestation] [Lewd or Lascivious Conduct] [Lewd or Lascivious Exhibition] [Lewd or Lascivious Exhibition Over a Computer Service] against (same victim as in element #2). Define applicable felony unless included in other instructions.

§ 787.001, Fla. Stat. Give only if applicable.
The defendant’s ignorance of (victim’s) age is not a defense. Additionally, the misrepresentation of (victim’s) age by any person or the defendant’s genuine belief that (victim) was over a specified age is not a defense.