While restraining a person against their will may seem like a noble act under certain circumstances, unlawful restraint may lead to criminal charges of false imprisonment. Legally speaking, false imprisonment is an act punishable under criminal law when a person commits an act of restraint on another person, which confines that person in a bounded area. Not only can false imprisonment charges arise unexpectedly, but they can also prompt long-lasting consequences. Our Wichita criminal defense attorneys at the McConnell Law Firm have detailed everything you should know about false imprisonment charges and how you should proceed if falsely accused.
Elements of False Imprisonment
If an individual prevents another individual’s freedom of movement without their consent for any duration of time, false imprisonment has occurred and may result in criminal charges being filed. False imprisonment may include physical elements such as restraints with rope to prevent escape or include verbal threats that cause harm to the alleged victim. In order to fully understand the charges of false imprisonment, it is important to know the different elements contributing to the allegations. These elements of false imprisonment include the following:
Intentional Restraint—For an individual to be convicted of false imprisonment, a person must intentionally restrain another individual’s personal freedom of movement. This imprisonment can either occur through physical restraint, violent threats as he or she attempts to leave the area, or through coercion and deception tactics.
Lack of Consent—The main component of false imprisonment charges is consent. These charges can only occur if the alleged victim does not consent to being restrained. Children and individuals legally incapacitated or with cognitive disabilities do not have the legal ability to grant consent, and therefore, require consent from a parent or legal guardian when being restrained.
Without Authority of Law—Under certain circumstances, restraining an individual without their consent is not considered false imprisonment. Instances of this would include merchants or employees restraining customers suspected of shoplifting. For an individual to be convicted of false imprisonment, they must not have a lawful justification as to why they have restrained someone without consent.
Depending on the specific circumstance of the case and the state, false imprisonment can be charged as a felony or a misdemeanor, resulting in substantial penalties or convictions (it is considered a misdemeanor in the state of Kansas). Remember to consult with your Wichita criminal defense attorney to better understand the penalties associated with a potential conviction and discuss all of your options. Some of the penalties associated with charges of false imprisonment include:
Jail Time—While misdemeanor convictions can accompany up to a year in jail, felony false imprisonment convictions can result in prison sentences of 20 years or more. In cases where violent threats are involved or a child is restrained, penalties and convictions are often much more severe.
Probation—If you are convicted of false imprisonment, you may face probation sentences lasting 12 months to a couple of years. These probation conditions require compliance with specific probation conditions such as regular meetings with a probation officer, inability to leave the state, and the payment of all necessary fines and court costs.
Significant Fines—In addition to jail time, false imprisonment can also be punished with significant fines exceeding $10,000 for felony convictions.
Contact an Experienced Criminal Defense Attorney
“I would advise any individual accused of false imprisonment charges not to discuss the case and to immediately contact a criminal defense attorney to discuss their options,” said Jonathan W. McConnell, founder and leading criminal defense attorney at the McConnell Law Firm.
Many times, accusations of false imprisonment accompany domestic violence charges and are made in an attempt to gain leverage in a custody battle, separation, or divorce proceeding. While these accusations may seem easily disprovable, they can significantly affect your life, which is why you should contact an experienced criminal defense attorney as soon as an allegation has been made. If a false accusation of false imprisonment has been made against you, we encourage you to contact the McConnell Law Firm as soon as possible. While every case is different, and no conclusions should be drawn without first consulting a Wichita criminal defense attorney about the specifics of your case, it is always in your best interest to have a skilled attorney by your side from the beginning.
