"False Imprisonment" and "Kidnapping" criminal charges are serious crimes under Florida Criminal Statutes. If convicted, defendants could face decades of prison time, if not life in prison. Kidnapping and false imprisonment are frequently overcharged crimes and do not fit the alleged conduct. For example, a significant number of false imprisonment and kidnapping cases in Stuart, Florida, involve people in a domestic relationship, and one person may also allege their partner has committed domestic violence.
Punishments vary depending on the facts and circumstances of the case. For example, an alleged act of kidnapping or false imprisonment could involve violent acts against a victim for hours or days, while another criminal offense could involve non-violent behavior lasting only a few minutes. In either case, the resulting punishments will likely be severe. As such, if you or a loved one are facing a kidnapping and/or false imprisonment charge in Florida, act quickly and contact our qualified Stuart Criminal Defense Lawyers.
Florida Kidnapping Laws - Florida Statute Section 787.01(1)(a)
Pursuant to Florida Statute 787.01(1)(a), kidnapping is described as "forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent" to engage in one or more of the following:
Hold the kidnapped individual for reward, ransom, as a shield or hostage;
Commit or aid in the commission of a felony; or
Inflict bodily injury upon or terrorize the kidnapped victim.
If the alleged kidnap victim is under the age of thirteen (13), and no parental consent was granted to confine the child, Florida law considers the act to be confinement against the victim's will.
If a defendant is convicted of kidnapping by either pleading guilty or if found guilty at trial – they will be guilty of a first-degree felony, which is punished with up to thirty (30) years or even life in prison. Moreover, the convicted defendant faces a fine of up to $10,000.
If the alleged victim of kidnapping is under thirteen (13) years of age and the defendant (1) perpetrates aggravated child abuse, (2) perpetrates sexual battery against the child, and/or (3) performs lewd or lascivious battery, lewd or lascivious conduct, lewd or lascivious molestation, or lewd or lascivious exhibition, the defendant faces a life felony, and a conviction will be punished with life in prison plus a fine of up to $15,000.
Florida False Imprisonment Law - Florida Statute Section 781.02(1)(a)
According to Florida Statute Section 781.02(1)(a), false imprisonment is described as "forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will." If the victim who is being confined is under thirteen (13) years of age and there was no parental consent to confine the child, Florida law deems the confinement to be against the victim's will. A defendant who ishas been convicted of false imprisonment in Florida faces a third-degree felony punishable with up to five years in prison and a fine of up to $5,000.
If the victim of false imprisonment is thirteen (13) years old or younger, and the defendant committed one or more of the following additional criminal offenses during the course of the false imprisonment, the defendant, if convicted, faces a life felony and be sentenced to life in prison and a fine of up to $15,000:
Sexual battery against the child;
Aggravated child abuse;
Lewd or lascivious battery,
Lewd or lascivious molestation,
Lewd or lascivious conduct,
Lewd or lascivious exhibition;
Prostitution upon the child;
Human trafficking; or
Exploitation of the child or allowing the child to be exploited.
False imprisonment is frequently related to other criminal offenses, and therefore, a defendant could face several criminal charges in one criminal trial.
Defending Against False Imprisonment or Kidnapping or Charges in Stuart, Florida
Although all criminal charges are serious regardless if they are misdemeanors or felonies. Depending on the facts and circumstances of the kidnapping or false imprisonment charges, the defendant could face federal criminal charges if the conduct crossed state lines. For example, if the defendant is accused of kidnapping someone and then transports that individual to another state, federal law enforcement officers might file the criminal charges.
Anyone accused of a crime is entitled to a defense attorney; although there are many criminal defense lawyers to choose from, anyone facing a kidnapping and/or false imprisonment charge in Florida needs the very best attorney. An experienced kidnapping / false imprisonment defense attorney will promptly review the police report and all supporting documentation relied upon in filing criminal charges. Moreover, the right attorney will examine any additional evidence which could be available, including voicemails, call logs, electronic communications (text messages, social media postings or messaging, and emails), photographs, and eyewitness testimony. The most experienced attorneys will develop a defense that exposes the prosecution's inability to meet its burden to meet just one element of the crimes of a kidnapping, or false imprisonment criminal charge should result in an acquittal or dismissal at trial. While no attorney can guarantee certain results, defendants who retain a highly skilled and experienced Stuart defense attorney are giving themselves the best chance of reaching a result a more favorable result given the facts of their case.
Free Case Review Offered by the Experienced Stuart Criminal Defense Lawyers of Musca Law
If you or a family member have been charged with kidnapping and/or false imprisonment charges in Florida, your freedom is on the line, and you need to act quickly and retain legal counsel. Our Criminal Defense Lawyers in Florida has more than 150 years of combined experience helping accused individuals fight serious criminal charges at Musca Law. Our lawyers possess the necessary skill, experience, reputation, track record of success, and dedication to helping all clients have the best chance of reaching a fair and reasonable result. To discuss your legal situation with one of our Criminal Defense Lawyers in Stuart, Florida, contact Musca Law 24/7 by calling (772) 227-1228.
850 NW Federal Hwy #436
Stuart, FL 34994
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