False Imprisonment vs. Kidnapping
Wisconsin Criminal Law Blog
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But what are the differences between false imprisonment and kidnapping, and what could happen to you if you’re charged with either (or both) of these crimes?
What is False Imprisonment?
Under Wisconsin law, false imprisonment is the intentional confinement or restraint of a person who does not consent when the person doing it knows that he or she has no authority to do so. Essentially, false imprisonment is holding someone against their will when you’re not legally allowed to (police can hold you against your will because they’re legally allowed to detain you).
False imprisonment is usually a Class H felony.
What is Kidnapping?
Kidnapping is typically a Class C felony, and the law says that the state can charge you with kidnapping if you carry (take) a person from one place or another without his or her consent, provided that you intend for the person to be:
- Secretly confined or imprisoned
- Held to service against his or her will
In cases of kidnapping, the law is very clear that whether you use force, the threat of force, or deceit, you can still be charged with a very serious crime.
What to Do if You’re Charged With Kidnapping or False Imprisonment
If someone accuses you of kidnapping or false imprisonment, it may make sense for you to talk to a Milwaukee criminal defense lawyer as soon as possible. Your attorney will be able to give you guidance based on the circumstances of your case.
Remember that you have the right to talk to your attorney before you talk to investigators. In nearly all cases, it’s best to get legal guidance—even if you’re innocent.
If you need help, call us at 414-383-6700 or get in touch with us online. We’ll evaluate your case and begin developing a strategy to get you the best possible outcome. False imprisonment and kidnapping are two separate crimes, and if the state claims you’ve done one, they could charge you with the other. It’s always important to get in touch with a Milwaukee kidnapping lawyer who can help you if you’re charged with either (or both) of these crimes.
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