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False imprisonment in Milwaukee, Wisconsin, is considered a violent crime that could have a maximum penalty of up to 6 years in prison, a $10,000 fine or both.
False Imprisonment is a Class H felony. It carries a maximum possible penalty of six years in prison, up to a $10,000 fine, or both prison and a fine. False Imprisonment occurs when a person intentionally confines or restrains another person without that person's consent, and with knowledge that he or she has no lawful authority to do so.
Kidnapping is an even more serious crime, carrying a penalty of up to 40 years in prison and/or a $100,000 fine, or even 60 years in certain circumstances. Contrary to what you might expect, false imprisonment is not a lesser included offense of kidnapping.
False imprisonment Milwaukee
What, precisely, is false imprisonment? Wisconsin state statute § 940.30 tells us that, “Whoever intentionally confines or restrains another without the person's consent and with knowledge that he or she has no lawful authority to do so is guilty of a Class H felony.” The four components to false imprisonment are:
- Someone was confined,
- intentionally,
- and without their consent,
- by someone who knowingly had no authority to do so.
A person can only be convicted of false imprisonment if the State can successfully show that the person acted intentionally. As a result, any accidental confinement of another person does not meet the standard for false imprisonment. In addition to an intentional act, false imprisonment requires that a person lack the authority to confine another person. There are situations where a person may be legally allowed to prevent another person from leaving. For example, a shop owner is generally legally allowed to temporarily detain a suspected shoplifter while waiting for police to arrive to further investigate the situation. However, if the shop owner unknowingly exceeds their authority, as an honest mistake, they are not guilty of false imprisonment as it is not an intentional act.
A person has not been truly confined if they have a simple way of escape, such as an easily accessible back door. However, it is not necessary for the victim to have to attempt a dangerous means of escape before they can be considered to be falsely imprisoned. For instance, if the back door is unlocked, but the backyard is full of vicious guard dogs, the person is “confined.”
The requirements for false imprisonment in Wisconsin have not been satisfied if the person was unintentionally confined. Locking up a building without knowing someone is inside is an accident, not a crime. Also, the defendant must know they had no authority to imprison the victim.
Confinement also does not require a physical act by another person. Words or actions can constitute confinement under some circumstances.
Kidnapping is a different offense than false imprisonment. Kidnapping requires a person to use force or threaten force to carry another person from one place to another with the intent to imprison them or force them to work. Kidnapping in Wisconsin is a Class C felony that carries a maximum penalty of up to 40 years in prison, up to a $100,000 fine, or both.
What can you do when facing Kidnapping or False Imprisonment Charges?
If you or a friend are facing false imprisonment or kidnapping charges in Wisconsin, you need to be aware of two things:
- These are serious felonies carrying steep penalties.
- You don’t have to deal with it on your own.
At Grieve Law in Milwaukee, our criminal defense attorneys have years of experience fighting difficult cases...and winning. When we fight for you, we don’t back down. Call us now for a free consultation!
Contact Grieve Law now to speak with an experienced criminal defense attorney for a free consultation regarding your Felony False Imprisonment case.
How long does false imprisonment stay on my record?
A conviction for false imprisonment will remain on your record for the rest of your life. If you meet the criteria for expunction, a court may grant you the ability to remove your false imprisonment conviction from public view. This means the charge will be removed from CCAP, Wisconsin’s Circuit Court Access Program, but it will not be removed from your criminal record. Additionally, you may still be required to report an expunged offense on employment applications or applications for professional licenses.
Kidnapping is not an offense that is eligible for expunction under Wisconsin law. A conviction for kidnapping will be on your record forever.
How to beat a false imprisonment charge in Milwaukee
To convict you of false imprisonment, the State must prove certain elements beyond a reasonable doubt. Our experienced and knowledgeable Milwaukee attorneys will review the evidence in your case to determine if there are challenges that can be raised to the evidence the State intends to use against you. Common defenses to a false imprisonment charge include challenging whether any act was an intentional act and challenging whether the person was actually confined. Our Milwaukee attorneys will evaluate your case and guide you to the best position possible for defense of your charges.
