Kidnapping / False Imprisonment
When an alleged offender confines, abducts, or imprisons another person against that person’s will, it will usually result in kidnapping or false imprisonment (commonly referred to as unlawful imprisonment) charges. Both crimes are felony offenses that carry steep penalties.
While many people believe kidnapping and false imprisonment crimes are committed by strangers with other ulterior motives, many of these offenses involve alleged offenders who are directly related to the alleged victims—often as the result of domestic disputes. Kidnapping and false imprisonment are both broadly defined under state law, and the Florida Supreme Court has held that an alleged kidnapping must not have been merely incidental to another alleged offense in order for a person to be convicted of kidnapping.
Attorney for Kidnapping / False Imprisonment in Brooksville, FL
If you were arrested anywhere in Central Florida for an alleged false imprisonment or kidnapping offense, it will be in your best interest to immediately retain legal counsel. The Law Office of Ashley Aulls, P.A. aggressively defends clients accused of violent crimes in communities throughout Citrus County, Hernando County, Pasco County, and Sumter County.
Brooksville criminal defense lawyer Ashley Aulls will work tirelessly to help you achieve the most favorable resolution to your case that results in the fewest possible consequences. Call (352) 593-4115 to have him review your case and answer all of your legal questions during a confidential consultation.
Florida Kidnapping / False Imprisonment Information Center
- What constitutes false imprisonment?
- How are the possible punishments different for kidnapping?
- Where can I find more information about kidnapping and false imprisonment in Brooksville?
False Imprisonment Penalties in Hernando County
Under Florida Statute § 787.02, an alleged offender commits the offense of false imprisonment if he or she forcibly, by threat, or secretly confines, abducts, imprisons, or restrains another person without lawful authority and against her or his will. False imprisonment is a third-degree felony punishable by up to five years in prison and/or a fine of up to $5,000, but the crime becomes a first-degree felony punishable by up to life in prison and/or a fine of up to $10,000 if the offense is committed upon a child under the age of 13 and the alleged offender, in the course of committing the alleged false imprisonment, commits any of the following offenses:
- Aggravated child abuse;
- Sexual battery against the child;
- Lewd or lascivious battery, molestation, conduct, or exhibition;
- Procurement of the child for prostitution, or forcing, compelling or coercing the child to become a prostitute;
- Exploitation of the child or allowing the child to be exploited; or
- A human trafficking violation.
Brooksville Kidnapping Penalties
An alleged offender commits the crime of kidnapping under Florida Statute § 787.01 if he or she forcibly, secretly, or by threat confines, abducts, or imprisons another person against her or his will and without lawful authority, with intent to:
- Hold for ransom or reward or as a shield or hostage;
- Commit or facilitate commission of any felony;
- Inflict bodily harm upon or to terrorize the victim or another person; or
- Interfere with the performance of any governmental or political function.
Kidnapping is a first-degree felony punishable by up to life in prison and/or a fine of up to $10,000, but an offense becomes a life felony punishable by up to life in prison and/or a fine of up to $15,000 if the alleged offense is committed upon a child under the age of 13 and the alleged offender, in the course of committing the alleged kidnapping, commits any of the following offenses:
- Aggravated child abuse;
- Sexual battery against the child;
- Lewd or lascivious battery, molestation, conduct, or exhibition;
- Procurement of the child for prostitution, or forcing, compelling or coercing the child to become a prostitute;
- Exploitation of the child or allowing the child to be exploited; or
- A human trafficking violation.
Florida Resources for Kidnapping / False Imprisonment Arrests
“Double Offense” Problems in Kidnapping and False Imprisonment Cases — The Florida Bar is the statewide professional organization of lawyers, and the Florida Bar Journal publishes articles and columns is that educate or inform readers on issues of substantive law and practical concern to lawyers. Read this article discussing the double offense problem of how the broad definition of constraint that often occurs during the commission of other offenses also constitutes a separate offense of kidnapping or false imprisonment. The author suggests that the binding/gagging/blindfolding of the victim would be better treated as an enhancement factor rather than a separate offense and some version of the test adopted by the Florida Supreme Court in Faison v. State, 426 So. 2d 963 (Fla. 1983) should be required with respect to false imprisonment and bodily harm kidnapping.
National Center for Missing & Exploited Children — The United States Congress passing the Missing Children’s Assistance Act in 1984 led to the establishment of the National Center for Missing & Exploited Children, a private, nonprofit 501(c)(3) organization that specializes in locating missing children. Visit this website to find various resources related to kidnapping, including statistics and a family resource guide that provides information about preventing kidnapping and increasing the chances children who have been kidnapped to or wrongfully retained can be returned. You can also find information about the AMBER Alert Program and the organization’s CyberTipline.
The Law Office of Ashley Aulls, P.A. | Brooksville Kidnapping / False Imprisonment Defense Lawyer
Were you recently arrested for an alleged false imprisonment or kidnapping offense in Central Florida? Do not say anything to authorities until you have contacted The Law Office of Ashley Aulls, P.A..
Ashley Aulls is an experienced criminal defense attorney in Brooksville who represents residents and visitors all over Hernando County, including Brooksville, Inverness, New Port Richey, Spring Hill, Weeki Wachee, Wildwood, and many other surrounding areas. You can have our lawyer provide a complete evaluation of your case when you call (352) 593-4115 or submit an online contact form to set up your first consultation.