False Imprisonment

787.02 False imprisonment; false imprisonment of child under age 13, aggravating circumstances.--

Our Palm Beach and Broward County criminal defense lawyers represent individuals fighting a wide range of charges, including those relating to false imprisonment. As we know, Subsection 787.02 of the Florida State Statutes deals with false imprisonment, false imprisonment of children under the age of 13, and aggravating circumstances in connection with such offenses.

According to the subsection, 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. For example, let’s say you were spending a weekend with someone when you got into a fight and the other person tried to leave. If you locked the door and physically prevented them from leaving, no matter how justified you might have felt you were, you’d likely have committed the offense of false imprisonment. Relatedly, 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.

Now, as our Palm Beach and Broward County criminal defense lawyers at the Law Offices of Leifert & Leifert know, a person who commits the offense of false imprisonment is guilty of a felony of the third-degree, punishably by up to $5,000 in fines and/or 5 years in prison. However, a person who commits the offense of false imprisonment upon a child udner the age of 13 and who, in the course of committing that offense, commits any offense enumerated below in subsections 1-5*, commits a felony of the first degree, punishably by imprisonment for a term of years not exceeding life and/or $10,000 in fines, as provided in s. 775.082, s. 775.083, or s. 775.084.

*The enumerated offenses referenced above:

  1. Aggravated child abuse, as defined in s. 827.03;
  2. Sexual battery, as defined in chapter 794, against the child;
  3. Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition, in violation of s. 800.04 or s. 847.0135(5);
  4. A violation of former s. 796.03 or s. 796.04, relating to prostitution, upon the child;
  5. Exploitation of the child or allowing the child to be exploited, in violation of s. 450.151; or
  6. A violation of s. 878.06(3)(g) relating to human trafficking.

Pursuant to s. 775.021(4), nothing contained herein shall be construed to prohibit the imposition of separate judgments and sentences for the first degree offense described in paragraph (a) and for each separate offense enumerated in subparagraphs (a)1.-5.

Now, as seemingly detailed as the above state statute is, there are particularities of each case that make every incident unique and deserving of a full understanding. What might appear to an outsider to be a clear-cut example of false imprisonment might actually turn out to have been a misunderstanding. Our Palm Beach and Broward County criminal defense lawyers know what it takes to represent our clients and make sure that their rights are upheld in the court of law. If you’ve been arrested for or charged with ac rime in Palm Beach, Broward or Miami-Dade County, please contact our firm for a free consultation by calling 1-888-5-DEFEND (1-888-533-3363).

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