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The Class H felony of false imprisonment in Brookfield, Wisconsin, could carry a penalty of up to 6 years in prison, a $10,000 fine or both. False imprisonment is not to be confused with kidnapping, which is the threat of our use of force to transport a person against his will.
False Imprisonment Attorney Brookfield-Waukesha office just off Bluemound
False imprisonment is a class H felony that carries a maximum of six years in prison, a $10,000 fine, or both.
False Imprisonment Waukesha
False imprisonment in Waukesha occurs when a person intentionally confines or restrains another without the person's consent and with knowledge that he or she has no lawful authority to do so.
False imprisonment requires an intentional act by a person. This means that if you accidentally lock someone in a building, you have not committed the act of false imprisonment. Additionally, false imprisonment requires that you have no lawful authority to confine the person. There are certain situations where it may be lawful to confine another person. For example, it is generally lawful for a Brookfield store owner to restrain a person suspected of shoplifting while waiting for the police to arrive. However, if that restraint unintentionally exceeds the authority granted to a store owner, they would not have committed the act of false imprisonment because it was not an intentional to unlawfully confine the other person.
Wisconsin false imprisonment does not require that a person be locked into a room. Rather, a person can be confined if they face some physical barrier to leaving. A person may be able to freely leave the room or building they are in but can still be confined if there is a large pack of angry, barking dogs awaiting them once they leave the room or building. However, a physical barrier is not required for a person to be confined. In some circumstances, words or actions by a person can constitute confinement.
False imprisonment is different from kidnapping under Wisconsin law. Kidnapping requires the use of force or threat of force to carry someone from one place to another with the intent to imprison them or force them to work. Kidnapping is a class C felony that carries a maximum of 40 years in prison, a $100,000 fine, or both. False imprisonment is not a lessor included offense of kidnapping.
How long does false imprisonment stay on my record?
If you are convicted of false imprisonment in Brookfield, you will likely have that charge on your record for the rest of your life. In some circumstances, the court may grant expunction of a false imprisonment conviction upon successful completion of the sentence. However, expunction does not eliminate the conviction from your record. Your false imprisonment arrest and conviction will still show up on a background check run by your employer, and you may still be required to report that conviction of employment and professional license applications.
A conviction for kidnapping is not eligible for expunction under Wisconsin law. Therefore, if you are convicted of kidnapping, it will be on your record forever.
How to beat a false imprisonment charge in Waukesha
False imprisonment has certain elements that the State must prove beyond a reasonable doubt in order to convict you. The State must show that you intentionally confined or restrained the other person, and you did so knowing you did not have the authority to confine or restrain them. Therefore, if you did not intentionally lock someone in a room or a building, you have not violated the statute. There can also be questions as to whether the person was actually confined. Our experienced Waukesha attorneys can review your case to find the best defenses available to you. Since opening in 2013, Grieve Law is one of the most awarded criminal defense attorneys in Wisconsin. Tom Grieve has built a reputation for getting serious charges like battery, domestic violence, first offense DWI and drug possession charges reduced or completely dropped.
