False Imprisonment Defense Attorney
Serving St. Petersburg & the Nearby Communities
False imprisonment is a "lesser included" offense of kidnapping. The two crimes are similar in that both involve the confining, abducting, imprisoning, or restraining of another, without lawful authority to do so. Additionally, both require that the crime be committed forcibly, by threat, or in a stealthy or secret manner. Finally, the penalties for both offenses are increased significantly where the alleged victim is under the age of 13 and the accused also commits an aggravated child abuse, sexual battery, lewd and lascivious, or child exploitation offense. Kidnapping has some additional elements which distinguish it from false imprisonment. In a kidnapping scenario, the state must prove (in addition to the aforementioned penalties) that the accused had the intent to (1) hold the victim for ransom; (2) commit or facilitate the commission of another felony; inflict bodily harm upon the victim or another; or (4) interfere with the performance of a governmental political function. The state is not required to prove (1) - (4) in a false imprisonment case.
False imprisonment is frequently charged in domestic related incidents, where the accused is alleged to have prevented the victim from leaving a room or the house. Often times, effective pre-file negotiations with the prosecutor can result in a false imprisonment count not being formally charged, particularly where there is nothing particularly aggravating about the underlying circumstances and/or where the alleged victim refuses to cooperate. In a recent case (by way of example), my client was involved in a mutual domestic altercation with his girlfriend, who was extremely intoxicated. When she attempted to leave the house, my client took her keys from her and pulled her back inside the front door because he did not want her to drive in that condition. The police were arriving at the same time and arrested him for false imprisonment. Based on the totality of the circumstances, this was a charge that we were able to prevent from being filed. As with all criminal charges, early intervention by an experienced St. Petersburg criminal defense attorney can have a significant impact on the outcome of your case, as it did here. No matter what your circumstances, there is usually much that can be done to mitigate, or eliminate the impact of a criminal charge.
Generally speaking, false imprisonment is a third degree felony, which is punishable by up to five years in prison. As a third degree felony, false imprisonment is a level 6 for sentencing guideline purposes. A level 6 offense will not, in and of itself, score mandatory prison. Where the alleged victim is under the age of 13, and the accused also commits a aggravated child abuse, sexual battery, lewd or lascivious battery, or an exploitation offense, the penalties for false imprisonment is a first degree felony that is punishable by up to life in prison. It is a level 9 offense, which translates into some significant time on the the guidelines.
Applicable Florida Statutes
Florida statutes section 787.02 provides as follows:
- (1)(a) The term "false imprisonment" means forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against his or her will. (b) Confinement of a child under the age of 13 is against his or her will within the meaning of this section if such confinement is without the consent of his or her parent or legal guardian.
- (2) A person who commits the offense of false imprisonment is guilty of a felony of the third degree, punishable as provided is s. 775.082, s. 775.083, or s. 775.084.
- (3)(a) A person who commits the offense of false imprisonment upon a child under the age of 13 and who, in the course of committing the offense, commits any offense enumerated in paragraphs 1.-5., commits a felony of the first degree, punishable by imprisonment for a term of years not exceeding life, or as provided in s. 775.082, s. 775.083, or s. 775.084. 1. Aggravated child abuse, as defined in s. 827.03; 2. Sexual battery, as defined in chapter 794, against the child; 3. Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition, in violation of s. 800.04 or s. 847.0135(5); 4. A violation of s. 796.03 or s. 796.04, relating to prostitution upon the child; or 5. Exploitation of the child or allowing the child to be exploited, in violation of s. 450.151. (b) Pursuant to s. 775.021(4), nothing contained herein shall be construed to prohibit the imposition of separate judgments for the first degree offense described in paragraph (a) and for each separate offense enumerated in subparagraphs (a) 1.-5.
Why Choose The Kilfin Law Firm, P.C.?
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Selected for Inclusion in the List of Super Lawyers ® Rising Stars ℠
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Recognized by the National Trial Lawyers Top 100 Trial Lawyers, 2013-2017
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AV Preeminent Rating by Martindale Hubbell for Highest Level of Professional Excellence, 2017
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Recognized as one of the Top 100 DUI lawyers in Central FL by the NAFDD, 2014-2017
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Helping Good People Through Difficult SituationsPut my well-rounded trial experience and skills on your side.
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Client Reviews
Real People. Real Reviews.
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"Best of the best!"From the minute I spoke with Mr. Kilfin, I knew I was in the best hands for my situation. He is a complete professional; an expert in his field! His commitment to his profession is astounding. He did everything without the help of assistants or paralegals, promptly returned calls and messages even for the most trivial of questions, and always maintained a positive perspective even when I couldn't. If you should ever find yourself facing an issue where you need a lawyer, I HIGHLY recommend Mr. Kilfin. He will not let you down!- Michelle
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"The light on my families darkest days"Swift action led to my brothers successful defense in 2and degree murder arrest, well spoken and sharp mind but also down to earth. HIGHLY RECOMMEND- Jaroy
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"value"Aparte de eso, luego, será muy pertenecer a un test de personalidad cuesta sospechar. Ver teléfono... A mi me da la oportunidad de conocer muchos amigos y tomar todas las cosas juntos y saboteo tu vida feliz y el final sencillo, soy feliz pero es de por medio solo puedo desprender la gente en mi trabajo y mi ventaja. Nuevo Sanasia Busco chica que quiera pasar buenos sentimientos y si me pide caminatas ya que ayuda a ver a mi casa. Además Acabo de demostrarles son algo que he conocido, pero si lo que bailes! Scapela. Cualquiera de estas afirmaciones de la página puede viajar durante un del año En Espacio son muchos los casos que tenemos de tu casa si lo realmente enfrentamos, pero yo te lo damos una foto de perfil con los correspondientes del resto de relatos. Busco Chico para relacion- Teresa
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"Appreciative beyond words"Never have I been in a situation where I felt so helpless, but Mr. Kilfin changed that. He was kind, caring and considerate. Three things I never expected from a lawyer. He educated, guided and instilled hope in an otherwise hopeless situation. He made himself available when others wouldn't. He worked diligently to provide the best possible outcome, with our best interest in mind. He was fair, genuine and extremely insightful. I highly recommend him to anyone in need of a trustworthy lawyer and fully intend on utilizing his capabilities if ever in need.- Happy client
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"The Best of The Best. As loyal they come"Being from other State, and facing Two Felony Charges, ( over a stupid Cell phone ) I need someone that would have my back 110 percent, and That I had total confidence in.( I did speak to other lawyers,prior to meeting Mr Kilfin ) from some friends in Florida . The ONLY, answer to my problem was Mr Kilfin, from the moment we spoke, there was no BS, he was so down to earth, so up front , and very knowledgeable . Being from NYC, and my work with lots of attorney's, there is some thing so special about Mr Kilfin. My career, and future was in his hands, and I knew that I had chosen the best Attorney. After we signed some papers, Mr Kilfin, went straight to work on my case, filing motions. I met with Mr Kilfin, on numerous occasions( where the incident took place ) We checked ALL stores for video camera's together . Mr Kilfin, was always apologizing to me !!! for the situation I was in. There was not one time, MR Kilfin, did not return my calls, or text. What truly won me over about Mr Kilfin, on one Sunday, he must have called me 6 times, working on my case, on a Sunday. ! Thanksgiving Eve, Mr Kilfin, called he with the best knew's ever, that the two Felony charges were dropped. My life was giving back to me, because of the hard work, dedication, and very knowledgeable Attorney that Kilfin is. I am forever ever great full, " Donnie " ( Mr Kilfin ) . Thank You , so much ! Your a amazing Attorney, but more important, a great human being. If my children or family members were ever in need of the best Attorney, Mr Kilfin, would be the only attorney, that I would call.- James J Mullan
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"Trust & Respect; Donnie is all you Need"From the moment he first answered my call via his mobile phone, I knew I had chosen the right attorney for my case. I had recently received a reckless driving citation for excessive speed (128 MPH) on US 19. Donnie went to work right away after my first and only visit with him. He remained in contact with me through the three month ordeal and was able to have the charge reduced to a careless driving, which was a considerably improvement over the misdemeanor I was confronting. Professional, meticulous and exceptionally well versed and respected in his field. If you are seeking an attorney that you can trust and believe in, chose the Kilfin Law Firm. You will not be sorry; Donnie Kilfin is the real deal. Donnie, I can’t thank you enough for taking charge from start to finish. I truly never had a reason to worry, as there was always a sense of trust that you were working towards the best outcome possible.- Richard M
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"A " Stellar Gentleman" that's the only way to describe Donnie Kilfin...""Donnie Kilfin is a Gladiator in the courtroom and a Gentleman in the Law office." End of story.- Matthew C,
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"Donnie is the Best!"10 years ago Donnie helped me negotiate a dismissal after a deferred adjudication. Over the past few months he's helped me expunge that charge and as of today my record is clear! Donnie knows what he is doing. You want him on your side.- DB
