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False imprisonment is a violent crime in Appleton, Wisconsin that could result in penalties of up to 6 years in prison and/or $10,000 in fines. This type of charge will stay on your record forever.
False Imprisonment in Appleton
Wisconsin statute 940.30 states that whoever intentionally confines or restrains a person without their consent and with the knowledge they have no legal authority to do so is guilty of a Class H felony. False imprisonment means:
- Someone was confined
- It was intentional
- There was no consent
- There was no legal authority to do so
If the state can prove you acted intentionally, you can be convicted of false imprisonment. If you accidentally confined someone, it will not meet the criteria for false imprisonment. There are also situations where you may be legally allowed to prevent a person from leaving. For example, if you are the owner of a store and are legally holding someone you suspect of shoplifting while waiting for police to arrive, you would not be in violation of the law. If you also unknowingly exceed your authority to hold someone, you are not guilty of imprisonment because you lack intent.
If the victim has a simple way to escape like an accessible back door, they are not really confined. However, the victim may not even have to attempt a dangerous escape for it to be considered false imprisonment. If the escape route is the back door and it’s full of vicious guard dogs, the person is considered “confined.”
If you have unintentionally confined a person, the requirements of false imprisonment in Appleton are not met. Locking up an office space without knowing someone is inside is an accident, not a crime. Confinement does not require a physical act. Under certain circumstances, words or actions can constitute confinement.
Penalties of False Imprisonment
False imprisonment refers to when a person intentionally confines or restrains another person without consent, and with the knowledge they have no legal authority to do so. It is a Class H felony and carries max penalties of 6 years in prison and/or $10,000 fines.
Kidnapping is a different, more serious offense compared to false imprisonment. Kidnapping requires the use of force or the threat of force to carry a victim from one place to another with the intent to imprison them or force them to work. Kidnapping is a Class C felony, carrying a max penalty of 40 years in prison and/or a $100,000 fine. Under certain circumstances, you could even face 60 years in prison.
Best Defense for Kidnapping & False Imprisonment Charges
If you or a loved one is charged with false imprisonment or kidnapping in Appleton, WI, you should know:
These felony offenses carry steep penalties.
You don’t have to deal with the charges alone.
Grieve Law in Appleton has a team of criminal defense attorneys with years of experience in criminal law and know how the Wisconsin court system works. We take on even the most difficult cases… and win. We won’t back down when you hire us. We’ll fight to get your charges dropped or reduced like we have for numerous clients facing drug charges, first offense DUIs, gun charges and more. Call today for a free phone consultation.
Contact Grieve today to speak with a criminal defense attorney regarding your false imprisonment charges.
How long does false imprisonment stay on my record?
Charges for false imprisonment will remain on your record for life. In some situations, you may be eligible for expungement. However, you may need to report your conviction on applications regardless of expungement.
Kidnapping charges will also remain on your record for life and cannot be expunged.
How to beat a false imprisonment charge in Milwaukee
The state must prove beyond a reasonable doubt you are guilty to convict you with false imprisonment charges.
Grieve’s experienced false imprisonment attorneys will thoroughly review your case to determine if there’s evidence to fight what the opposing attorney is trying to prove. Defense tactics that may be used include proving if there was intent and proving if the person was actually confined. Grieve Law’s Appleton attorneys will be your guide to help get your charges reduced or dropped.
