Placing someone in imminent fear of physical harm, injury, or assault is considered domestic violence as well. I am very grateful to have such a great attorney and owe him my gratitude for helping me when times were rough. False imprisonment. © 2020 by Goodman Criminal Defense Attorney | All Rights Reserved. there’s no statute describing a maximum sentences) Stalking – Pursuing someone and placing them in reasonable fear of assault, rape, false imprisonment , or death is a misdemeanor crime with up to 5 years in prison or a $5,000 fine False imprisonment is commonly associated with domestic violence cases. Its penalties are harsh and the worst case scenario, is that it could lead to an imprisonment of not more than 15 … This crime can be classified as either a misdemeanor or a felony, depending on whether force is involved, and the length of time someone is held against their will. So Zoom video conference to continue with your essential legal services while keeping you, your family and your community safe. It could also be used against you if your victim were to sue you for monetary damages. Under Washington law, a conviction of a Class C felony can result in penalties of up to five years in prison and a fine of up to $10,000. It might be a little unusual but there can be instances when a family member agrees or even asks to be confined for their own safety or other personal reasons. Domestic violence scenarios are ripe for false imprisonment charges, and many times we can get the prosecutors to dimiss this charge in a favorable plea negotiation. Contact The Law Offices of Smith & White, PLLC. It is false because it violates the freedom of a person, especially if they are not guilty of any wrongdoing. With one, you can formulate your defenses and the remedies that you can take to acquit you or relieve you of some heavy charges. While first offense domestic assault is a misdemeanor that carries up to a year in prison and a $1,000 fine, strangulation and first and second-degree false imprisonment are felonies that carry the possibility of a prison sentence. If you are in search of an attorney, do yourself a favor and have the law offices of Smith & White represent you. An act of false imprisonment may amount in itself to an assault. Additionally, RCW 10.99.020 lists several crimes, including unlawful imprisonment, as domestic violence when committed by one member of a household or family against another member. I contacted James after my charge for reckless endangerment, and right from the start he was informative and reassuring. Home » Practice Areas » Criminal Defense » Domestic Violence » False Imprisonment. In Florida, however, false imprisonment is also a serious criminal charge – often raised in the context of alleged domestic violence – that can be levied against a person who restrains another person without authority and against the person’s will. Unlawful imprisonment can occur when a person forces his or her estranged family member or romantic partner to remain in a house or car. Derek Smith guided us through a troubling legal situation with absolute professionalism. If you are charged with domestic violence unlawful imprisonment, you should speak with a skillful criminal defense attorney to discuss your charges and the defenses that you may be able to set forth. The attorneys at the Law Offices of Smith & White, PLLC will develop persuasive arguments on your behalf to help you pursue a successful outcome under the facts of your case. If you are a parent, you can use your rights as one to defend yourself. For example, if a mere threat without anything more is used to confine an individual, this may be charged as a misdemeanor. A false imprisonment conviction will get you saddled with a criminal record. Our main office is located in Tacoma, and we are available to meet by appointment at a second office in Vashon. In fact, false imprisonment is included within the definition of “domestic violence” found in Florida Statute Section 741.28 which provides, in part: “‘Domestic violence” means any false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.” False imprisonment is defined under RCW 9A.40.040 (1) as the following: A person is guilty of unlawful imprisonment if he or she knowingly restrains another person. This comprises of at least a year behind bars and fines of $2,000. 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