
Miami False Imprisonment Defense Attorney
Overview Of False Imprisonment
Have you been charged with false imprisonment? If so, it will be necessary for you to understand the nature of such charges, as well as the consequences of a conviction. False imprisonment refers to when someone deprives someone else the freedom of movement. This can be accomplished by holding them in a confined space, or by physical restraint, or in a locked car without the person being given the opportunity to get out.
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False imprisonment is commonly associated with domestic violence cases. For example, a husband can tie his wife to the bed for hours on end, thus not allowing her the ability to get up and leave. Or, someone can lock somebody in a room, or in a closet, or they can tie them to a chair. In domestic violence cases it's easier for a man to restrain or confine a woman due to the fact that men typically have the strength to overpower a woman; however, a woman can be guilty of this offense as well.
Florida's False Imprisonment Laws
In Florida, false imprisonment is covered under Section 787.02 False imprisonment; false imprisonment of child under age 13, aggravating circumstances. According to §787.02 (1)(a) false imprisonment is defined as forcibly, by threat or secretly confining, or abducting, imprisoning, or restraining another person against his or her will.
Under §787.02 (b) confining a child under the age of 13 against his or her will without the consent of their parent or legal guardian is considered false imprisonment. A babysitter or a daycare provider can be guilty of this offense if they lock a child in a closet or if they tie them to a chair for disciplinary purposes.
False Imprisonment: Felony Sentencing
A person who commits the offense of false imprisonment is guilty of a third degree felony, which is punishable by up to 5 years in a state prison, and a maximum $5,000 fine, or both. However, under §787.02 (3)(a) – a person who commits false imprisonment against a child under the age of 13, and while committing the offense also commits aggravated child abuse, sexual battery against a child, lewd or lascivious battery or molestation, or violates Section 796.03 or Section 796.04 involving prostitution and a child, or who exploits or allows the child to be exploited is guilty of a first degree felony, which is punishable by a $10,000 fine and up to 30 years in state prison.
False Imprisonment in a Domestic Setting
There is no question that even the healthiest relationships can have their domestic battles. Sometimes when the threats of violence seem substantial, a spouse or partner may attempt to lock their spouse in a room in order to prevent that person from injuring themselves or one of their family members. At other times certain couples may restrain each other as a part of their intimate relations. With false imprisonment cases as they pertain to domestic disputes, there are always two sides to every story; however, it's not difficult for the alleged victim to paint a very different picture that makes your actions appear as unreasonable or unlawful.
If you have been charged with false imprisonment, a felony conviction can put you away for up to five years and cost you thousands of dollars in fines. If your actions seemed rational at the time, then you have all the more reason to secure high quality legal representation. Truly, your future relies heavily on your defense attorney's skill and ability to put forth a convincing argument on your behalf; we urge you to contact the Law Office of Michael Mirer, P.A. if you are facing charges of false imprisonment in Miami or the surrounding communities.
Hear From Our Clients
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"I'm extremely grateful I chose the best."
I wholeheartedly recommend Michael! I've seen him in action and he's truly exceptional. He made me feel at ease and his whole team is outstanding. I'm extremely grateful I chose the best. Michael's expertise in court shone through, making the state attorney's case seem insignificant. My case was dismissed! If you need top-notch representation, look no further. Don't settle for less—he's worth it!- Moran H. -
"Attorney Micheal Mirers had aforesaid person out on bail within 12 hours of his arrest."
My family member was indited and charged with conspiracy. Attorney Micheal Mirers had aforesaid person out on bail within 12 hours of his arrest. Attorney Micheal did not hesitate for one minute, he brought forth an expert witness to help argue our case. W- Former Client -
"My case was dismissed and we are in the process of expunging my record. I am forever grateful to Michael."
My case was dismissed and we are in the process of expunging my record. I am forever grateful to Michael.- Former Client -
"The DA and judge seem to trust Michael as they have probably worked with him on both sides of the isle."
I was facing a 25 year mandatory sentence. I had an attorney I used prior, but the severity of the current case warranted a second opinion, and I needed reassurance of the cases current direction. All I can say is God lead me to Michael. From the very begi- Former Client -
"The whole process was painless, and Mr. Mirer was extremely friendly."
Mr. Mirer really helped me out when I found myself involved involved in a court case. He helped me and the other party come to an arrangement that I found acceptable. The whole process was painless, and Mr. Mirer was extremely friendly. I hope to never nee- Former Client -
"They wanted to give me 35 years to life for something I did not do, but thanks be to God he sent me an angel and it was Mr. Michael Mirer."
Since I was locked up in jail for a month I came to know Mr. Michael Mirer, and to my experience, he is such an honest man and easy to reason with. If anyone out there gets in trouble, look this guy up – he is the best, and I promise you will get you- Former Client