False Imprisonment Crimes under Florida Statute § 787.02
False Imprisonment is a related but distinct offense. It is defined as forcibly, secretly, or by threat confining or restraining another person against their will and without lawful authority . Unlike kidnapping, false imprisonment does not require moving the victim or having one of the specific intents listed in the kidnapping statute.
While still a serious felony, the penalties for False Imprisonment are significantly less severe than for Kidnapping.
- Felony Degree: In most cases, False Imprisonment, whether the victim is an adult or a child under 13, is a Third-Degree Felony, punishable by up to five years in prison and a $5,000 fine.
- First-Degree Felony Enhancement: False Imprisonment is enhanced to a First-Degree Felony if the person who is falsely imprisoned is a child under 13 and the offense is committed in order to commit or facilitate certain other felonies, such as sexual battery or aggravated child abuse. In this scenario, the maximum penalty increases to 30 years in prison.
- Criminal Punishment Code (CPC): As a Third-Degree Felony, basic False Imprisonment scores far fewer points on the CPC scoresheet than kidnapping. This often means that a prison sentence is not mandatory, and a resolution involving probation may be possible, especially for an individual with little or no prior record.
Defenses to False Imprisonment often focus on the lawfulness of the confinement or whether the victim was truly held against their will.
- Lawful Authority: The detention was legally justified. This can include the “shopkeeper’s privilege” to detain a suspected shoplifter for a reasonable time or a lawful citizen’s arrest.
- Consent: The alleged victim was not actually confined or restrained, remained in the location voluntarily, and was free to depart at any time.
- Incidental Confinement: In some situations, a person may be “confined” as an incidental part of another crime (e.g., being in a room while a robbery occurs). An argument can be made that this does not constitute a separate crime of False Imprisonment.
When facing a False Imprisonment charge, the strategy often revolves around avoiding a felony conviction.
- For a standard Third-Degree Felony charge, one goal is negotiating a plea deal that allows for a “withhold of adjudication.” Once probation is successfully completed, there is no formal conviction on their criminal record.
- If the evidence of confinement or force is weak, it may be possible to negotiate a plea to a misdemeanor charge like simple assault or battery.
- When False Imprisonment is enhanced to a First-Degree Felony, the defense strategy is to attack the aggravating factor (the accompanying felony) to reduce the charge back to a Third-Degree Felony.
Attorney for False Imprisonment Crimes in Pinellas County, FL
After an arrest for a crime of violence in Pinellas County, FL, contact an experienced criminal defense attorney at Sammis Law Firm. We represent clients on a variety of violent crimes including battery charges, false imprisonment and kidnapping.
We understand defenses after accusations that you made a physical attack or threat of violence against another person. We can help you assert the best defense, including self-defense, defense of others, or defense of property. Read more about the investigation and prosecution of domestic battery crimes in Pinellas County, FL.
Visit our office at 14010 Roosevelt Blvd, Suite 701, Clearwater, FL 33762-3820.
Call 727-210-7004.
This article was last updated on Friday, December 19, 2025.
