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False imprisonment in Racine or Kenosha, Wisconsin is a class H felony and has a maximum penalty of up to 6 years in prison, a $10,000 fine or both.
What is false imprisonment?
False imprisonment is defined as purposefully confining or restraining someone, without their consent and with the knowledge that you were not legally allowed to do so.
Plainly put, stopping someone from leaving by restricting their way or barricading/locking them in, when they want to leave (so without their consent) and when you are not acting with lawful authority. A shop owner detaining someone for stealing from their store while waiting on the police, for example, is not false imprisonment.
You cannot be convicted for false imprisonment because you accidentally locked someone in, to be convicted the prosecutor must prove that your actions were done on purpose and for the purpose of restraining the person. Locking the doors to a building from the outside while not knowing someone was inside would not qualify as false imprisonment.
Most often false imprisonment stems from an argument where someone is unable to leave the room or house because of the intentional actions of another person. If you are standing in a doorway verbally fighting with your spouse and they attempt to get around you to leave and you do not let them, you can be charged with false imprisonment. Physical barriers are not always necessary, there are even circumstances where words or actions by a person could constitute confinement.
False imprisonment is not kidnapping.
Kidnapping is not the same as false imprisonment. Kidnapping requires the use of force or the threat of force to carry someone from one place to another with the intent to imprison them or force them to work. Grabbing someone off the street would be a use of force to carry them away, pointing a gun at them would be a threat of force. Kidnapping is a class C felony and is punishable by up to 40 years in prison, a $100,000 fine or both. Additionally, if you are charged with kidnapping and the prosecutor is unable to convince a jury that you are guilty of kidnapping you cannot then be found guilty of false imprisonment, as it is not a lesser included offense.
Contact Grieve Law now to speak with an experienced criminal defense attorney for a free initial consultation for your felony false imprisonment case.
How long does false imprisonment stay on my record?
Having a conviction for false imprisonment in Racine or Kenosha will stay on your record permanently. In some cases, you may be eligible for expunction but that does not remove the conviction, it only seals it from CCAP (Wisconsin’s Circuit Court Access Program). Anytime you are convicted of a crime in Wisconsin your charge and conviction will be visible on CCAP. CCAP is a public database used by landlords for housing applications, banks when reviewing loan applications, potential employers and university admissions committees. The only way to ensure that you do not have a public record with a conviction for false imprisonment is to hire the right lawyer and successfully fight against the case.
How to beat a false imprisonment charge in Racine
The prosecutor must prove, beyond a reasonable doubt, that you intentionally confined or restrained another person without consent and that you knew you did not have the authority to confine or restrain them. Having the right lawyer on your case allows you to get your side of events out there. Simply standing in a doorway while having a conversation may not be intentionally confining someone even if that was how the other person felt. Anytime a charge requires ‘intent’ a prosecutor can only guess as to the reason for your actions, a skilled lawyer can fight against those guesses and challenge what the prosecutor can actually prove. Our knowledgeable Racine and Kenosha lawyers have experience fighting against these charges and reviewing the evidence to find the right defense for your case.
