False Imprisonment Charges in Wisconsin
False Imprisonment as defined in § 940.30 of the Criminal Code of Wisconsin, is committed by one who intentionally confines or restrains another without the person’s consent and with knowledge that he/she has no lawful authority to do so.
Confined and/or Restrained are legal terms of art meaning that the defendant “deprived the victim of freedom of movement, or compelled the victim to remain where they did not wish to remain.” It is important to note that the use of physical force is not required. One may be confined and/or restrained by acts or words or both.
Opportunity to “escape” can be raised as a defense. A person is not confined or restrained if he/she could have avoided it by taking reasonable action. However, a reasonable opportunity to escape does not change confinement or restraint that has already occurred.
False Imprisonment Penalties in Wisconsin
False Imprisonment is a Class H Felony punishable by a maximum of 6 years imprisonment in the state prison system (3 years Initial Confinement/ 3 years Extended Supervision); a $10,000 fine; or both.
If you have been charged with False Imprisonment, it is important to hire an experienced criminal defense attorney with a proven track record of success in handling felony criminal cases. Criminal Defense attorneys at Grieve Law have both successfully obtained acquittals at trial on felony criminal charges and negotiated the reduction or outright dismissal of serious felony charges.