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False Imprisonment Lawyers

Most false imprisonment cases are the result of a mistake in judgment, such as an unlawful arrest. A wrongful arrest occurs when there is no probable cause. Knowledge of a criminal offense being committed or reasonably trustworthy information leading to this belief qualify as probable cause. When an arrest or detention is made without this legislation in place, it constitutes a violation of your civil rights. Unlawful arrest by shop employees or security personnel due to a suspicion of theft is another form of false imprisonment. If you’ve had any of these things happen to you, please contact us right away.

Texas Personal Injury Lawyers can assist you in understanding your rights and options, as well as the finest legal course of action for your circumstances, so don’t wait to contact us now. We are accessible 24 hours a day, 7 days a week. We operate on a contingency basis, which implies we get paid only when your case is successful.

In Texas, false imprisonment is an offense that occurs when one person confines, abducts, or imprisons or restrains another against the latter’s will and without lawful authority. It’s similar to kidnapping, but it doesn’t need one of the following: a desire to hold for ransom or as a shield, an intention to commit a felony, the intent to cause bodily harm, or the aim of interfering with the performance of a government or political function.

What Are The Elements Of False Imprisonment?

 

The State of Texas must establish two elements in order to secure a conviction for False Imprisonment. The first is that the state has to show that you imprisoned, abducted, or confined someone against his or her will. Second, the State must establish that you did not have legal authority to confine, abduct, imprison, or restrain the victim. The State must present evidence that meets a high standard of proof for both elements.

How Do You Get Charged With False Imprisonment?

 

The majority of false imprisonment claims are in connection with domestic fights, during which family members or significant others quarrel and one attempts to prevent the other from leaving. When the reported victim or a witness calls the cops to report the conflict, the police often become involved. Even if the named victim does not want to press charges, the police may still arrest one of the parties. If a police officer has a statement from one individual stating that another person detained or confined someone against their will, this alone might be enough to establish probable cause for an arrest. However, that does not imply there will be enough evidence to merit a conviction.

Examples Of False Imprisonment

 

Texas Personal Injury Lawyers assists individuals who have been the victims of police misconduct or false imprisonment. We demand compensation for any injuries or other losses they incurred as a result of the incident. False imprisonment claims may be brought about by the following circumstances:

  • Being locked in a back room in a store because a security guard suspected shoplifting
  • Being unable to leave a hospital or nursing home because of restraints
  • Being arrested, charged, jailed or convicted on false testimony or evidence or invalid warrants
  • Being taken hostage
  • Kidnapping

In each of these situations, the individual accused of false imprisonment must not have probable cause. The confinement must be deemed “unreasonable” in duration as well. Employers and individuals who are accused of false imprisonment or other police misconduct, as well as those who are charged with such crimes, may be held liable for the harmed persons’ damages. In certain situations, the individual may be charged with a crime. Our attorneys can help you determine what to do next.

Texas Penalties For False Imprisonment

 

In the state of Texas, it is against the law to restrain someone without their consent. A person is guilty of false imprisonment in Texas Penal Code § 20.02 if he or she restrains another person without their consent. If convicted, the accused may face a class A misdemeanor charge.

The following are the penalties for a class A misdemeanor:

  • Up to 12 months in county jail; and
  • A possible fine of up to $4,000. 

If the accused person restrains a minor under the age of 17, it is a state jail felony. The most severe legal ramifications of a state jail felony are as follows:

  • Up to 24 months in jail; and
  • Possible fine of up to $10,000.

If the following three things happen, a person accused of unlawful imprisonment may be charged with a third-degree felony:

  • He or she acted recklessly and therefore exposed the victim to a substantial risk of serious bodily injury;
  • The alleged offender knowingly restrains a public servant; or
  • The alleged offender restrains another person while in custody.

The maximum legal ramifications for a third-degree felony include:

  • Up to 10 years in prison; and
  • A possible fine of up to $10,000.

If the victim was a peace officer or a court judge, the accused person may face a second-degree felony charge. The maximum penalties for a second-degree felony are as follows:

  • Up to 20 years in prison; and
  • A possible fine of up to $10,000. 

Statute Of Limitations For False Imprisonment

 

A statute of limitations is the time period that a county or district attorney has to bring criminal charges against someone. This deadline is referred to as the statute of limitations. The statute of limitations begins on the day the felony is committed, and if charges are not submitted by the due date, the offense cannot be prosecuted any longer.

In Texas, the statute of limitations for a crime is determined by the degree of severity. A minor unlawful restraint conviction with no additional elements would have a two-year statute of limitations. The two-year statute of limitations for infractions exists in Texas. If the false imprisonment allegations include additional aggravating elements, making it a felony, the statute of limitations will be three years.

What Are The Defenses To False Imprisonment?

 

The most frequent defense to false imprisonment is a lack of evidence. The burden of proof is on the State to demonstrate that the case may be proven beyond a reasonable doubt. In many cases, the State’s only evidence is the testimony of the listed victim and/or prejudiced witnesses. Cases such as these frequently have he said vs. she said evidence. There is usually no supporting evidence in these situations. The victim and/or witnesses’ tales may be altered or contradictory versions of what occurred given, particularly if they are under stress or threatened.

The lawful authority to confine, abduct, jail, or restrain the listed victim is another common defense to false imprisonment. If a person was committing a felony and a citizen made an arrest by binding the individual until the cops arrived, for example. However, any citizen should exercise caution when considering a citizen’s arrest, since it is potentially dangerous not only for the individual performing it, but also for other people involved. Whether a citizen’s arrest is legal and whether it could be used as a defense in any situation would be determined by court cases and judicial proceedings.

Each situation is unique, and some are stronger than others. As a result, it’s critical to talk about any particular case specifics with a qualified criminal defense lawyer.

In Texas, How Much Time Am I looking At For False Imprisonment?

 

In Texas, unlawfully detaining another person is a third-degree felony that can result in five years in jail.

It is a Class A felony, which comes with a maximum sentence of life in prison if the false imprisonment is committed on a child under the age of 12 and at the time of the crime, he or she commits aggravated child abuse, sexual battery, lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, lewd or lascivious exhibition, certain prostitution of children violations, exploitation of a child or allowing the child to be exploited. or human trafficking violations. 

False Imprisonment Attorney in Texas
 

If you or someone you know has been charged with unlawful restraint, it’s critical that you hire an attorney immediately. Texas Personal Injury Lawyers have handled numerous false imprisonment cases and is familiar with the Texas legal system.

Texas Personal Injury Lawyers have extensive experience defending individuals facing criminal charges in Texas. We are up to date on all current Texas criminal convictions and potential legal defenses. With his extensive experience, Texas Personal Injury Lawyers will build a solid defense for your charges. 

Call us at (888) 997-2148 now to schedule a free consultation today.

We take cases on a contingency fee basis and there are no costs unless we win, and the consultation is completely FREE. Contact us to learn what Texas Personal Injury Lawyers can accomplish for you.