False Imprisonment in Florida
What is False Imprisonment
False imprisonment covers a wide variety of illegal conduct, and is always classified as a felony with mandatory jail time. Section 787.02 of the Florida Statutes defines false imprisonment as restraining, confining, abducting or imprisoning a person without his or her consent. If the victim is under 13 years old, false imprisonment is assumed if the child is restrained without parental consent.
Penalties For False Imprisonment in Florida
In Florida, false imprisonment can result in the convicted person spending several years in prison and paying heavy fines. There are enhancements if the court determines the defendant is a habitual felony offender. There are also additional penalties if the victim is under 13 and subjected to sexual abuse, molestation, prostitution-related activities and other forms of exploitation.
The defense against a false imprisonment charge can be exceptionally complicated, and anyone accused of the crime should seek an experienced attorney with experience in defending people against allegations of violent crimes. The attorney will know what to look for in determining whether the case actually involved elements required for a conviction, and whether a reasonable doubt can be raised about the guilt of the accused.
Recent Case Result
Aggravated Assault With a Firearm
The Umansky Law Firm represented a client in Osceola County accused of Aggravated Assault with a Firearm. The minimum mandatory sentence for this alleged offense is 20 years in prison. The allegation was that our client shot a firearm towards the alleged victim – therefore Florida’s “10/20/Life” sentencing provisions applied. We contacted the alleged victim, who stated she did not want to prosecute. We prepared an affidavit from the alleged victim to the prosecutor stating her desire to have the charges dropped. On the day of trial, we were successful in getting the charges dropped against our client after the prosecutor dismissed the charges!
False Imprisonment Defense Strategies
By investigating the case thoroughly, a defense attorney can raise doubts over whether force was used in detaining a person, or if the defendant’s words actually were threatening, or if a threatening tone was used. The attorney will also seek to determine whether there was a plausible motive for the defendant to commit the crime. In some cases, prosecutors will have difficulty demonstrating the intent was to hold a person for ransom, sexually assault the person, hold him or her hostage or harm the victim in some other way.
Contact a False Imprisonment Attorney in Orlando
Only the best criminal defense attorneys can assist someone accused of false imprisonment or another violent crime. Lack of proper, experienced representation in court is likely to lead to disruption of lives and a court record that may be public for the remainder of the defendant’s days.
If you are facing charges resulting in committing false imprisonment, contact the legal team at The Umansky Law Firm today.
Recent Criminal
Case Results
Burglary of Dwelling; Petit Theft
Withhold with 6 months probation and impulse control; adjudication withheld
Grand Theft ($300-$5000)
Nolle Prosequi-Case Dropped
CT-Driving Under the Influence Car (M1)
Nolle Prosequi - Case Dropped
CT- Driving under the influence car
Nolle Prosequi - Case Dropped
Grand Theft Third Degree
Adjudicated Guilty; One day jail/one day time serve; Restitution fees; Court Cost
Petit Theft < 300
We negotiated an agreement that entailed the State dropping the charge after our client completed a Pre-Trial Diversion Program. The Charge was dropped via a Nolle Prosequi.
Unlawful Speeding
Withhold of Adjudication; No points on license; Paid fine and clerk cost; 8 hour aggressive driver class; 90 days to satisfy fine and class
Shoot/Throw Missile Into Dwell/Struct/Veh; Child Abuse; Criminal Mischief; Battery (Domestic Violence)
No Information Notice - Charges Dropped
Attach Tag/Lic Plate To Unassigned Vehicle (M2)
Nolle Prosequi - Case Dropped
DUI with Minor In Car or BAL of .20 or Higher
Pled No Contest, 1 Year Probation, 10 day Car Impound, Community Service
Motion to Modify Probation
Motion Granted in 48 hours
Petit Theft
Adjudication Withheld, 4 Months probation, Costs/Fines, Impulse Control Class
Petit Theft of $100 or MORE (M1)
Nolle Prosequi
Refuse To Submit To DUI Test (M1)
Case Dropped
Battery on Law Enforcement Officer (F3); Disorderly Conduct (M2)
Nolle Prosequi - Case Dropped
Battery
Charges Dropped
Scheme to Defraud(F3); Grand Theft(F3)
Motion to Terminate Probation Granted
Unlawful Speed
Dismissed
Failed to Yield at Intersection
Not Guilty
Leave Scene Of A Crash W/Property Damage (M2)
Case Dropped
Motion to Modify and Impose a Withhold of Adjudication
Granted
Attempted Burglary of a Conveyance
Charges dropped
Possession of Cannabis (less than 20 grams)
Charges dropped
VOP for DUI
Reduced to reckless driving
Possession of Alcohol Under the Age of 21
Charges dropped
Driving Under the Influence
Reduced to Reckless Driving
Violation of Probation
Case Dismissed
Recent Personal
Injury Settlements
$1,600,000
Sexual Assault Victim
$1,600,000
Car Accident
$290,000
Motorcycle Accident
$200,000
Trip and Fall
$150,000
Car Accident
$110,000
Car Accident
$100,000
Car Accident
$290,000
Car Accident
$120,000
Car Accident
$100,000
Car Accident
$125,000
Car Accident
$125,000
Scooter Accident
$275,000
Car Accident
$100,000
Car Accident
$300,000
Government Liability Case
$100,000
