False Imprisonment

Many false imprisonment allegations begin in emotionally charged moments. A disagreement at home, a confrontation in public, or an attempt to stop someone from leaving before an argument feels resolved can quickly draw law enforcement involvement. What the accused may see as a brief effort to calm a situation, protect a child, or regain control of a tense encounter can be framed by police and prosecutors as unlawful restraint. These cases often turn less on how long the interaction lasted and more on how the moment is later interpreted by investigators.

False imprisonment accusations are especially dangerous because they frequently arise out of everyday interactions rather than clearly planned criminal conduct. A blocked doorway, withheld car keys, or raised voice may later be characterized as threats or force. Once an allegation is made, officers are trained to err on the side of caution, and an arrest can follow even when there are no visible injuries and no weapons involved.

The Ishak Law Firm is honored to represent clients throughout West Palm Beach and South Florida who are facing serious criminal allegations, including false imprisonment. When these accusations arise, timing matters. Evidence such as messages, surveillance footage, witness recollections, and the physical layout of a scene can quickly disappear or be misinterpreted. Our firm steps in early to protect our clients’ rights, control the narrative, and prevent charges from escalating unnecessarily. If you are under investigation or have been accused of false imprisonment, contact us for a consultation before speaking with law enforcement.

The Basics of False Imprisonment Charges in Florida

The Governing Statute

False imprisonment in Florida is defined under section 787.02 of the Florida Statutes. Under this law, a person commits false imprisonment when they intentionally confine, restrain, abduct, or imprison another person against that person’s will and without lawful authority. The statute makes clear that restraint can occur through physical force, threats, or secret confinement.

The law does not require that the alleged victim be locked in a room, tied up, or restrained for a lengthy period. Even brief restrictions on movement can qualify if the state believes the accused intentionally limited the other person’s freedom without legal justification.

What the State Must Prove

To secure a conviction, prosecutors must prove beyond a reasonable doubt that the defendant intentionally restrained or confined the alleged victim, that the restraint was against the person’s will, and that the defendant lacked lawful authority to do so. If the state cannot establish intent, lack of consent, or absence of legal authority, the charge should fail.

These elements are often contested. Many cases hinge on whether the alleged victim truly lacked a reasonable means of exit, whether words or conduct amounted to a threat, or whether the accused believed they had a lawful right to act as they did.

Special Considerations Involving Children

When the alleged victim is a child under the age of 13, Florida law applies a different lens. In those situations, confinement is generally considered against the child’s will if it occurs without permission from the child’s parent or legal guardian. This is why custody disputes, parenting disagreements, and family emergencies can unexpectedly lead to false imprisonment charges. A parent may believe they are acting protectively or out of necessity, while law enforcement may view the same conduct as criminal restraint.

Penalties and Sentencing Exposure

False imprisonment is typically charged as a third degree felony in Florida. A conviction can carry penalties of up to five years in prison, up to five years of probation, and a fine of up to $5,000. The offense is scored as a level 6 crime under Florida’s Criminal Punishment Code. While a level 6 offense does not automatically result in state prison, sentencing can increase based on prior criminal history, alleged injuries, or additional charges filed in the same case.

Enhancement and Reclassification Issues

False imprisonment charges can become significantly more serious depending on the surrounding allegations. If the restraint involves a child under 13 and prosecutors allege that certain crimes occurred during the confinement, including aggravated child abuse, sexual battery, lewd or lascivious offenses, child exploitation, or human trafficking, the charge may be reclassified as a first degree felony. A first degree felony can expose a person to decades in prison and, in some circumstances, a potential life sentence.

Other enhancement statutes may also apply. If the state alleges that a weapon was used during the restraint, sentencing exposure can increase under Florida’s weapon enhancement laws. If the incident is labeled as domestic violence, additional consequences may follow, including mandatory no contact orders, firearm restrictions, and enhanced scrutiny at bond and sentencing.

How Restraint Is Defined in Practice

Physical contact is not required to support a false imprisonment allegation. Prosecutors may argue restraint based on threats, intimidating behavior, or actions that create fear of harm if the person tries to leave. Blocking a doorway, standing between someone and an exit, withholding keys or a phone, or using an imposing posture can all be presented as evidence of confinement.

Because the definition is broad, context becomes critical. The layout of the space, the tone of the interaction, and whether the alleged victim had a clear and safe path to leave are often central issues in defending these cases.

Common Examples Raised in False Imprisonment Cases

Florida courts have upheld false imprisonment convictions in situations involving minimal force or short durations. Allegations may include grabbing someone’s arm to prevent them from walking away, holding a person in place during an argument, or attempting to pull someone toward another room against their wishes.

Family and relationship situations are particularly common. During breakups or heated co parenting disputes, one party may accuse the other of preventing them from leaving a residence. In other cases, a parent involved in a custody conflict may take a child without the consent of the custodial parent. Depending on the facts, these situations can trigger false imprisonment investigations and, in some cases, far more serious allegations.

These examples do not mean that every argument or parenting disagreement constitutes a felony. They illustrate how quickly ordinary interactions can be reframed once law enforcement becomes involved and why precise facts and intent matter so much.

False Imprisonment Versus Kidnapping

False imprisonment and kidnapping are closely related offenses under Florida law, but kidnapping carries an additional intent requirement. Kidnapping, defined under section 787.01 of the Florida Statutes, requires proof that the restraint was committed for a specific purpose, such as holding someone for ransom, using the person as a hostage, facilitating another felony, inflicting harm or terror, or interfering with a governmental function.

Because the core act of restraint overlaps, a case may begin as false imprisonment and later be upgraded if prosecutors believe evidence supports one of these additional intents. Statements, digital communications, or witness testimony can all influence whether charges are enhanced. Preventing this escalation is often a primary defense objective early in the case.

The difference in exposure is substantial. False imprisonment is generally a third degree felony. Kidnapping is a first degree felony and can be punishable by up to life in prison, along with lengthy probation and severe collateral consequences.

False imprisonment is often charged alongside other offenses, particularly in emotionally charged incidents. These may include battery, assault, domestic violence related accusations, or alleged violations of injunctions or protective orders. Prosecutors may argue that the restraint was part of a broader pattern of control or intimidation, which can affect bail decisions and sentencing recommendations.

There are situations where lawful authority exists. For example, property owners may have limited authority to detain an individual in specific circumstances while promptly contacting law enforcement. Consent may also be a defense, but it must be voluntary and credible. In many cases, the defense focuses on showing that the alleged victim willingly stayed, that no threats or force were used, or that the accused reasonably believed they had the right to act as they did.

Consult With Our Experienced Defense Attorneys

A false imprisonment accusation is serious on its own, and the risk increases dramatically if prosecutors attempt to add kidnapping, domestic violence, or weapon enhancement allegations. These cases demand careful handling from the very beginning.

The Ishak Law Firm approaches every client matter with integrity, discretion, and aggressive advocacy. We work to protect your rights, challenge the state’s narrative, and pursue the best possible outcome under the circumstances. If you are under investigation or have been arrested for false imprisonment in West Palm Beach or anywhere in South Florida, contact our legal team to schedule a confidential consultation.