False Imprisonment
We Have Offices Conveniently Located in Deland and Daytona Beach
False imprisonment is a crime defined by Florida Statute 787.02. The offense is classified as a felony and carries the possibility of life imprisonment in certain circumstances. Attorney Matt Thompson’s experience in handling cases in Central Florida and Volusia County, most False Imprisonment charges are coupled with domestic violence charges or an argument with a spouse over the children.
We have offices in DeLand and Daytona Beach and help clients throughout Central Florida fight their criminal charges.
What is False Imprisonment?
There are many situations where a person might be confined or imprisoned. For example, a law enforcement officer might temporarily confine a person to one location while conducting an investigation. A judge might order someone accused of a crime to remain within the county. In these instances, there is a “lawful authority” to the confinement. In situations where there is no lawful authority, a crime occurs. False imprisonment means to forcibly, secretly, or by threat confine, abduct, imprison or restrain another person without lawful authority and against the person’s will [Fl. Stat. 787.02(1)(a)].
When the imprisonment involves a child under the age of 13, the confinement does not have to be against the child’s will directly. Any confinement that is done without the consent of the child’s parent or legal guardian is considered against the will of the child under Florida Statute 787.02(b). Whenever a child is involved in a crime, the stakes are high. A conviction of a crime involving a child can leave a stain on your record that will affect future employment and success.
What is at Stake?
If convicted of false imprisonment, you could face a very lengthy prison sentence. Depending on the circumstances, false imprisonment is either a third degree or first degree felony.
Third degree – If the defendant forcibly, secretly, or by threat confined, abducted, imprisoned, or restrained the victim against his or her will without the legal authority to do so. Punishable by up to 5 years jail, 5 years probation, and a fine of $5,000.
First degree felony – If the victim is under the age of 13 and, in the course of committing the imprisonment, committed aggravated child abuse, sexual battery, lewd or lascivious battery, molestation, conduct, or exhibition, procured the child for prostitution or exploited the child. Punishable by up to life imprisonment and a fine of $15,000.
The Thompson Law Approach
If you are facing serious charges, such as false imprisonment, hiring an experienced and qualified attorney is a necessary step in your defense. When you hire Matt Thompson, you get his full attention. Matt Thompson is a skilled attorney who will work quickly to put pressure on the State. As with all criminal cases, it is important to remember that the State must prove the allegations beyond a reasonable doubt. Having an attorney who can negotiate with the State and argue against their evidence is the best way to prevent facing the maximum sentence.
Matt Thompson is a former prosecutor who has handled a wide variety of cases, including false imprisonment and sex crimes. He is able to look past the shocking allegations and craft a defense that will put you in the best possible position given the specific circumstances of your case. At Thompson Law, we firmly believe that every case deserves a strong, solid defense, and we would be honored to assist you in creating yours. Call us today for your free case evaluation.
Client-Focused. RESULT-DRIVEN.
Working Closely with You To Build a Strong Case
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All Charges Dismissed Domestic Battery
Client and his husband were involved in a verbal argument. The alleged victim contacted police against the claiming that he threw a glass of milk on him. Under the law, this is considered a battery. Attorney Thompson represented the Client on both the criminal case and the injunction and both were dismissed.
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Deferred Prosecution Agreement Loitering and Prowling
Client became disoriented due to a medical condition and entered a car that did not belong to him, but looked just like his car. Attorney Thompson provided mitigation to the State concerning the Defendant’s medical issues and ensured the client would be offered a Deferred Prosecution Agreement by the State wherein all charges would be dismissed upon completion.
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All Charges Dismissed Aggravated Battery on and Elderly Person
The Defendant and his wife allowed the wife’s elderly mother to come to their home and remove her personal items. During this time the mother began to yell obscenities and attacked E.B. Both parties tried to remove the mother from the home and prevent further physical violence. The mother contacted police and stated that she had been attacked. Attorney Thompson contacted the State Attorney’s Office and met with opposing counsel before charges were filed.
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No Criminal Charges Filed Public Assistance Fraud
Attorney Thompson and Client reviewed case and met with Department of Revenue investigators to explain the discrepancy. In doing so, the State determined that they would not seek criminal charges, but offered a repayment plan through non-judicial means.
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Charges Reduced, Guidelines Waived, No Probation Failure to Register as a Career Criminal
The Client was arrested out of State for a warrant for failure to register as a career criminal. This violated his probation out of Miami-Dade County, Florida. Attorney Thompson was able to track the Client’s addresses and discovered that his landlord at the time lied to his probation officer about his renting an apartment because the landlord was not zoned to allow tenants. The State agreed to a time-served sentence for the time he spent in custody being transported to Florida.
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All Charges Dismissed Sexual Battery & Domestic Battery
Mr. Thompson took depositions of the victim showing that the victim was not truthful with police when she provided her statement as to what happened. Confronted victim with social media posts, bank records, and telephone records to show that she was not in the places that she stated she was during the time the alleged crime took place. Case 1 was dismissed and the Defendant pled to Case 2 and received two (2) years of prison and credit for fifteen (15) months in prison.