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In Glendale, Wisconsin, false imprisonment is defined under Wis. Stat. 940.30 as "whoever intentionally confines or restrains another without the person's consent," would be classified as a Class H felony, which has a maximum penalty of a $10,000 fine, up to 6 years in prison or both.
Penalties for false imprisonment charges
False imprisonment is a Class H Felony in Wisconsin. The maximum possible penalties for a Class H felony are six years in prison or a $10,000 fine or both. Not only will you have a criminal conviction and a felony on your record for the rest of your life, but you will also be prohibited from possessing a firearm for the remainder of their life and the temporary restriction from voting and other civil rights. The various civil rights, including voting, can be reinstated once any penalties have been served and paid, but not until then.
False imprisonment charges in Whitefish Bay
Domestic violence cases in Glendale can spiral out of control very quickly. When someone goes to call 911 and the other person takes their phone or doesn't want them to leave the house, you can be facing a whole different slew of charges.
By definition, false imprisonment in Wisconsin is anybody who intentionally “confines or restrains” another without that person's consent and with the knowledge that they do not have the ability to do this. What this means is that if you lock somebody in a room or prevent them from leaving the house if they want to do so in the middle of a fight, you are falsely imprisoning them and can be facing felony charges. Another charge that tends to come hand in hand with the false imprisonment cases is discouraging them from calling 911. So, if both of you are reaching for the phone or somebody is on the phone with 911 and you reach the phone out of their hands or you take their phone and you break it, you could be facing additional criminal charges.
Once the police respond to a situation like this, it is very likely that they would encourage a victim to implement a 72-hour no-contact order. This may mean that you would not be able to return to your own home for at least 72 hours. Further, if the court implements a no-contact order while the entire case is pending, there will be a much longer period that you may be prohibited from being in your home. It is very likely that in addition to false imprisonment charges, you would be facing disorderly conduct charges with a domestic violence enhancer. They will also charge you for anything else that happened during this incident. The domestic violence enhancer on any charge, whether a felony or a misdemeanor, can mean the inability to possess a firearm for the rest of your life. It also creates grounds for what is called the domestic violence surcharge, which can add fines to an already very expensive criminal justice process.
Many people ask: "This is my first offense, shouldn’t it be reduced to something else?" And while that is very possible if you have a great attorney, it is important to remember how seriously the state of Wisconsin takes domestic violence cases. Even if this is the first incident, these cases can become very serious and very violent very quickly. It is not always as easy as a dismissal just because this is your first go in the criminal justice system. Many times, the state will be looking for some sort of conviction, and hopefully, it does not have to end with a felony conviction. Whether you are facing a first offense domestic violence charge or a first defense DUI charge in Wisconsin, Grieve Law is an attorney you can trust.
How long does a false imprisonment charge stay on my record?
Just like other felony criminal cases, the felony conviction will be on there for the rest of your life. Although it may be expungable, the felony conviction would remain on there, as would the prohibition to protect firearms.
How to beat a false imprisonment charge in Wisconsin
The attorneys here at Grieve Law are incredibly experienced with domestic violence cases in all counties, and especially Milwaukee County. It is important to note that an attorney with experience in these types of matters and knowing what they are up against is paramount to the outcome of your case. They will be able to walk you through exactly what to expect during this process and to make sure that you are receiving the best representation possible. Remember, you are only guilty if you are convicted.
