15th Jan 2019
One of the first things that a criminal defense attorney in Broward County will do when contacted by a client is to review the charges. He or she can explain the differences in different offenses, such as kidnapping or false imprisonment. An experienced criminal defense attorney in Broward County will discuss the following with you:
Definition of the Crime
False imprisonment and kidnapping have different definitions. False imprisonment involves forcibly or secretly confining, abducting, restraining or imprisoning a person against their will. Kidnapping includes this same definition. However, a person commits kidnapping if he or she commits this act with the intent to commit a felony, hold the person for ransom or as a hostage, cause bodily harm, terrorize the victims or someone else or interfere with a political or government action.
The base offense of false imprisonment is punishable by up to five years in prison. It is considered a third-degree felony. The base offense for kidnapping is punishable by life in prison. It is considered a first-degree felony.
Both offenses can carry enhanced penalties if the crime is committed against certain individuals or involved additional factors. If a person falsely imprisoned a victim under 13 and committed aggravated child abuse, sexual battery, lewd or lascivious battery, exploited, or prostitution against the child, he or she can be charged with a first degree felony and sentenced to life imprisonment. A person who is charged with kidnapping and commits any of these offenses against the victim can be charged with a life penalty.