Defenses to False Imprisonment

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What Is False Imprisonment?

False imprisonment occurs when one person detains another person without consent and without any legal authorization or justification. False imprisonment can result in both criminal charges and civil liability under tort laws. Additionally, if excessive or unauthorized force is used in the detention, the false imprisonment charge may be charged as a felony.

How Is False Imprisonment Proven?

It may vary from state to state, but generally, false imprisonment requires the victim to be:

Moreover, the confinement was not subject to any privileges or justifications under law. False imprisonment incidents are usually tied to other offenses, such as false arrest or kidnapping.

Are There Any Defenses to False Imprisonment?

Most defenses to false imprisonment usually involve one or more of the elements of proof.  For example, if the victim voluntarily consents to the detention, then it is possible no false imprisonment occurred.

Other defenses to false imprisonment include:

Thus, there are many instances in which a person may lawfully detain another person.

Do I Need a Lawyer?

If you believe you were falsely arrested or are facing false imprisonment charges, you may wish to consult with a personal injury or criminal defense lawyer. False imprisonment charges can be serious, and even if criminal charges are not pursued, you may still be civilly liable. An attorney will be able to explain any available defenses and help protect your rights.

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Last Modified: 08-28-2014 02:56 PM PDT

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