False imprisonment is the act of forcibly holding another individual against their will. In general, the imprisonment can be done with words or physical act. To convict someone of false imprisonment, a prosecutor needs to prove:
- The person used words or acts to confine the victim
- The victim was confined
- The victim knew they were confined
- The confinement was unlawful
How Does Nevada Define False Imprisonment?
In Nevada, false imprisonment is the criminal act of limiting a victim’s personal liberty by confining them to a certain area or detaining them without proper authority. In order to convict someone of false imprisonment in Nevada, a prosecutor must prove beyond a reasonable doubt that the accused:
- Unlawfully violated the victim’s personal liberty
- Held the victim in an area that was consistent with detention or confinement
- Had no legal authority to confine the victim
Are False Imprisonment and Kidnapping the Same in Nevada?
No. Kidnapping and false imprisonment are considered separate criminal acts. Kidnapping is the willful, unlawful, and intentional taking a victim with the intent to commit:
- Sexual assault
- Bodily harm to the victim
What Is the Punishment for False Imprisonment?
There are numerous potential penalties for false imprisonment based on the facts of the case. If there are no aggravating factors, then the crime of false imprisonment is a gross misdemeanor. In Nevada, the punishment for a gross misdemeanor is up to a year in jail and/or a $2000 fine.
If aggravating factors are present, then the crime is a category B felony and punished by:
- One to six years in prison if the crime was committed with a deadly weapon or if the crime was committed by a prisoner in a penal institution without a deadly weapon
- One to 15 years if the perpetrator used the victim as a shield or in a way so as to avoid arrest
- One to 20 years in prison if the crime was committed by a prisoner with a deadly weapon
Do I Need a Lawyer for My False Imprisonment Criminal Case?
Contact a Nevada lawyer to find out if you can get your criminal charge reduced or dismissed. Also, a lawyer can help you determine how to fight the charge.