Kidnapping, False Imprisonment, and Domestic Violence In Florida

Most people imagine crimes of domestic violence as physical altercations, sometimes involving firearms or not. However, at least in Florida, there are several different criminal offenses that can fall under the umbrella of domestic violence. Two of them include kidnapping and false imprisonment – offenses that are not necessarily seen as violent, but can unfortunately result in injury or death to the victims. If you have been charged with either of these offenses, it is crucial to enlist legal representation as soon as possible.

Two Different Crimes

Florida law structures domestic violence as a sort of umbrella, under which many different offenses might qualify. The statute explicitly defines domestic violence as any “criminal offense resulting in physical injury or death” to a person who shares a certain relationship with the perpetrator. Kidnapping and false imprisonment are both listed by name in the statute, because it is much more common than the average person might think for domestic abusers to commit this type of offense.

While some people use the terms interchangeably, the offenses of kidnapping and false imprisonment are different, and carry different penalties upon conviction. In Florida, false imprisonment is the act of “confining, abducting, imprisoning, or restraining” someone against their will. Kidnapping, by comparison, is committing one of these acts with the specific intent to commit another offense – for example, to hold someone for ransom, to affect the performance of a governmental or political entity or function, or simply to terrorize someone.

Is Intent Required?

As one might imagine, both of these offenses can easily be weaponized in the middle of a domestic dispute, whether intentionally or unintentionally. It may be easy in the heat of the moment to simply forbid your partner from walking away, or to take their keys to keep them from leaving the house – but in some cases, it can lead to your being charged with false imprisonment, because to commit such an offense does not necessarily require intent.

The offense of kidnapping, however, is much less likely to be charged in a domestic violence case simply because the intent to commit another offense must be present as well. If, for example, one spouse refuses to allow the other spouse to leave their home, but has no intent to terrorize them or hold them for ransom, they may be faced with a charge of false imprisonment, but not kidnapping. The potential penalties are severe for both crimes, being charged as felonies, but the distinction does matter.

Contact A West Palm Beach Domestic Violence Attorney

Being involved in a domestic dispute is never a good thing, but if you have been charged with false imprisonment or kidnapping as a result of such a dispute, you need to act fast to ensure that your rights are protected during the legal process. A West Palm Beach criminal defense attorney from Perlet & Shiner, P.A. can help ensure that you get your day in court. Call our office today to speak to an attorney.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0741/Sections/0741.28.html