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False imprisonment

False Imprisonment

False imprisonment is the deliberate intent of one individual to hold another individual captive without the consent of that person or the legal right to do so. In order to prove that an individual is guilty of false imprisonment, the opposing side will have to prove that he or she directly intended to hold the victim hostage against their will, and that this could have been planned beforehand.

• The Sentence: Felony or Misdemeanor?

– Depending on the state and also depending on the circumstances of the situation, false imprisonment is either classified as a misdemeanor or a felony, but either way, one who is convicted of false imprisonment will be sent to prison and will have to pay a hefty fine as well.

– The maximum amount of money that one convicted of false imprisonment will have to pay is no more than twenty five thousand dollars, and usually no more than ten years in prison. However, this sentence could greatly increase if someone was injured or tragically killed as a result of the false imprisonment, and if the convicted has been charged with false imprisonment numerous times in the past.

– False imprisonment can also be classified as a Class A Misdemeanor rather than as a felony. This happens when the person being held captive is aware of any means from which they could escape; for example, if they are being held captive inside of a house and the backdoor is unlocked and within their vicinity, then the person convicted of false imprisonment would be given a lighter sentence and their crime would be a misdemeanor rather than a felony. Another example is if the person being held captive has an obvious means of adequately defending themselves.

• Probation

– If someone has been charged with false imprisonment once probation has been completed, it is likely that this will still show up on their permanent criminal record. This may puzzle many people, as they would expect the charges to be dismissed following the completion of probation. The only alternative here to have the sentence for false imprisonment removed from the public view of one’s criminal history is to petition for expungement, which would effectively seal the false imprisonment sentence. However, this is an entirely different ballgame, and if you are looking to have your records of false imprisonment expunged, you should do additional research in that area.