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Kidnapping & False Imprisonment Crimes

Kidnapping under Florida law is an extremely serious crime with a person facing LIFE in prison. Florida statute 787.01 defines kidnapping as: forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to:

  1. Hold for ransom or reward or as a shield or hostage.
  2. Commit or facilitate commission of any felony.
  3. Inflict bodily harm upon or to terrorize the victim or another person.
  4. Interfere with the performance of any governmental or political function.
Kidnapping is a first degree felony punishable by up to LIFE in prison. Kidnapping a Child under thirteen (13) without the parent’s consent is a first degree felony punishable by up to LIFE in state prison. However, if during the kidnapping of a child, a person is accused of committing the following crimes then the person is facing a LIFE felony punishable by a minimum term of LIFE in prison:
  1. Aggravated child abuse
  2. Sexual battery
  3. Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition
  4. Child Prostitution
  5. Exploitation of the child or allowing the child to be exploited
One of the defenses that an experienced criminal lawyer uses to resolve kidnapping charges in Miami is to show that the confinement, abduction or imprisonment was slight, inconsequential or incidental during the commission of the felony.

The charge of kidnapping will be dismissed if the confinement, abduction or imprisonment was the kind inherent in the nature of the felony and that it did not make the commission of the underlying felony easier to commit or lessen the risk of detection.

False Imprisonment

False imprisonment in Florida is the same as kidnapping except that the four intent elements from kidnapping is missing. Florida statute 787.02 defines false imprisonment as forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will.

False imprisonment and false imprisonment of a child under thirteen (13) without the parent’s consent is a third degree felony punishable by up to five (5) years in state prison.

However, if during the false imprisonment of a child, a person is accused of committing the following crimes then the person is facing a LIFE felony punishable by a minimum term of LIFE in prison:

  1. Aggravated child abuse
  2. Sexual battery
  3. Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition
  4. Child Prostitution
  5. Exploitation of the child or allowing the child to be exploited

The Benefits of an Experienced Criminal Defense Lawyer

If you or a loved one is facing a kidnapping or false imprisonment criminal charge in Miami you need an experienced criminal defense attorney. As a former prosecutor and an experienced criminal defense attorney,Antonio Jimenez knows how to exploit the prosecutor’s case in order to obtain the best result for your case. He has defended and prosecuted individuals charged with kidnapping or false imprisonment in Miami and is uniquely qualified to defend you or your loved one. Contact him today to obtain a free consultation about your case.