If you or a loved one are facing criminal charges for false imprisonment in Florida, start by learning the elements of the offense, because those are what the state must prove to convict. The state legislature details the criteria that actions must meet to result in a conviction for the crime. False imprisonment is a third degree felony under Fla. Stat. s. 787.02(2), so a conviction carries up to five years in prison. The state has to prove the charge. You do not have to prove innocence, but you do need someone testing the state's case from the start.
To learn more about the elements of false imprisonment, and for a free case evaluation to review the unique facts surrounding your criminal charges, contact Weinstein Legal Team today. Attorney Matthew Shafran, who heads the firm's criminal defense division, defends clients against this charge.
At Weinstein Legal Team, case evaluations are always absolutely free of cost and come with no obligation. Our legal team will review key facts and elements of your case, and provide you with an overview of possible sentencing and legal ramifications. Do not wait to seek legal help if you are facing charges for false imprisonment. The state starts building its case immediately, and evidence such as video, messages and witness memory gets harder to recover the longer you wait.
What Are the Elements of False Imprisonment in Florida?
To convict, the state must prove two things under Fla. Stat. s. 787.02(1)(a):
- That the defendant forcibly, by threat, or secretly confined, abducted, imprisoned or restrained the victim against the victim's will.
- That the defendant did so without lawful authority.
The conduct has to be intentional. Locking a door behind you and shutting someone in by accident is not this offense, while locking them in on purpose can be. Section 787.02(1)(b) adds one rule for children: confining a child under the age of 13 is against the child's will if the confinement is without the consent of the child's parent or legal guardian, so the child's own agreement does not matter.
False Arrest vs False Imprisonment
False arrest is not a separate crime in Florida. It is a civil claim, brought when a person detains someone while asserting a legal authority to do so that they do not have. False imprisonment is the criminal offense, and it lives in Fla. Stat. s. 787.02. The two overlap because both turn on a restraint that was against the person's will and without lawful authority.
The elements of false imprisonment state that the crime includes:
- Participation in the unlawful restraint, confinement, or detention of another person
- The noted restraint is against that person's will
- The noted restraint is without legal justification
False arrest charges include an additional element, often the premise that the accused does have a legal justification to perform the detention even when they do not. False arrest is when you detain a person and hold them with no probable cause, without the correct legal warrant, or without a court order. Both private citizens and members of law enforcement can commit false arrest.
In cases of false arrest, the accused must either imply or directly state that they do have legal backing and justification to perform a detention or restraint. The elements of false imprisonment, on the other hand, refer to an illegal restraint of any kind, whether the accused implies they are legally justified or otherwise.
False Imprisonment vs. Kidnapping in Florida
The difference is purpose, and it changes the grade sharply. Kidnapping under Fla. Stat. s. 787.01(1)(a) covers the same kind of confinement, but done with intent to hold the person for ransom or reward or as a shield or hostage, to commit or facilitate the commission of any felony, to inflict bodily harm on or terrorize the victim or another person, or to interfere with the performance of any governmental or political function. Without one of those four purposes, the offense is false imprisonment. Kidnapping is a first degree felony punishable by a term of years not exceeding life under s. 787.01(2), while false imprisonment is a third degree felony carrying up to five years.
The Shopkeeper's Privilege and Retail Detentions
A store that holds a suspected shoplifter is not automatically committing false imprisonment. Fla. Stat. s. 812.015(3)(a) lets a merchant who has probable cause to believe a retail theft has been committed take the person into custody and detain them in a reasonable manner for a reasonable length of time, and requires that a law enforcement officer be called to the scene immediately afterward. Section 812.015(3)(c) provides that a detention meeting every requirement of that subsection does not make the merchant criminally or civilly liable for false arrest, false imprisonment or unlawful detention. A detention that goes beyond what is reasonable loses that protection.
The Crime of False Imprisonment in the State of Florida
Florida Statute s. 787.02(1) defines the offense: "The term 'false imprisonment' means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will. Confinement of a child under the age of 13 is against her or his will within the meaning of this section if such confinement is without the consent of her or his parent or legal guardian."
In Florida, the lowest classification of false imprisonment charges is a felony of the third degree. This means that the maximum sentencing for this crime includes:
- Up to five years in prison and/or up to five years of probation
- Up to $5,000 in mandated court fines
- Restitution paid to the victim(s)
There is no mandatory minimum for a basic false imprisonment charge. The statute has one enhancement rather than a ladder of them. Under s. 787.02(3)(a), false imprisonment of a child under the age of 13 becomes a first degree felony punishable by a term of years not exceeding life if, in the course of the offense, the defendant also commits aggravated child abuse, sexual battery against the child, a lewd or lascivious offense, a prostitution offense involving the child, exploitation of the child, or human trafficking under s. 787.06(3)(g) or (5). There is no second degree felony version of false imprisonment.
The effects of being a convicted felon in the state of Florida are many. A convicted felon may not own or possess a firearm or ammunition under Fla. Stat. s. 790.23, and violating that is a second degree felony, though s. 790.23(2)(a) lifts the bar for a person whose civil rights and firearm authority have been restored. Voting is different. Under Article VI, Section 4 of the Florida Constitution and Fla. Stat. s. 98.0751, voting rights are restored on completion of all terms of the sentence, including parole or probation, for every felony except murder and felony sexual offenses. A false imprisonment conviction also triggers sex offender registration under Fla. Stat. s. 943.0435(1)(h) where the victim was a minor.
Speak To An Attorney About Your False Imprisonment Charges
Whether this is your first criminal offense, or you are a repeat offender, an experienced defense attorney can help fight a false imprisonment case. Common defenses include lawful authority to detain, consent, and a factual dispute over whether any confinement happened at all. Depending on the facts a charge can sometimes be reduced or dropped, though no lawyer can promise either. However, you must act quickly to secure legal help and begin building your defense.
We work with a team of legal professionals, including private investigators and more, and will begin putting together a case on your behalf immediately. Our phones are open 24 hours a day, 365 days a year, so no call for help will ever go unanswered. Start your free case evaluation with Weinstein Legal Team now.
