Experienced Madison False Imprisonment Defense Lawyer | Wisconsin Criminal Defense Attorney

If you’ve been charged with false imprisonment in Wisconsin, it’s crucial to have an experienced Madison criminal defense lawyer on your side. False imprisonment is a serious crime in Wisconsin, carrying severe penalties that can affect your freedom, employment, and future. With over a decade of legal experience defending clients throughout Madison, Dane County, and surrounding regions, I am committed to providing aggressive representation to protect your rights.

False imprisonment charges can have lasting consequences, including substantial fines and jail time. If you are facing these charges, I encourage you to contact me today for a free consultation. As a bilingual attorney offering legal services in both English and Spanish, I provide affordable legal counsel, with fixed fees and flexible payment options, including credit card payments.

What Is False Imprisonment in Wisconsin?

In Wisconsin, false imprisonment is defined under Wisconsin Statute 940.30. The offense occurs when someone intentionally restrains or confines another person without their consent, causing them to believe that they cannot escape. False imprisonment can take many forms, including physical confinement, locking someone in a room, or even preventing a person from leaving a location.

If you’ve been accused of false imprisonment, you need a skilled Madison false imprisonment defense lawyer who understands the law and knows how to build a strong defense strategy for you.

Elements of False Imprisonment Charges in Wisconsin

To secure a conviction for false imprisonment in Wisconsin, the prosecution must prove four key elements beyond a reasonable doubt:

Intentional Restraint: The defendant must have intentionally confined or restrained the victim.
Lack of Consent: The victim did not or could not consent to the confinement.
Reasonable Belief of No Escape: The victim must have reasonably believed they had no means of escape.
Actual Restraint: The restraint must be actual, not just perceived.

Each of these elements must be proven for a conviction. As your Madison criminal defense lawyer, I will thoroughly examine the evidence to uncover any weaknesses in the prosecution’s case.

Penalties for False Imprisonment in Wisconsin

False imprisonment is classified as a Class H felony under Wisconsin law. The potential penalties for a conviction include:

Up to 6 years in prison
Fines up to $10,000
Probation, or both

The exact sentence will depend on the circumstances of the case and the defendant’s criminal history. As an experienced false imprisonment defense attorney in Madison, I will fight to minimize the charges against you and protect your future.

Can I Be Charged for Threatening False Imprisonment?

Under Wisconsin law, it is possible to be charged with false imprisonment even for merely threatening someone with confinement. If your threat causes the victim to fear that they will be restrained or confined, this could be classified as intimidation of a victim, which is also a criminal offense.

If you are facing charges for threatening false imprisonment, it’s essential to work with a Madison criminal defense lawyer who can challenge the evidence and potentially get your charges reduced or dismissed.

Difference Between False Imprisonment and Kidnapping in Wisconsin

While both false imprisonment and kidnapping involve unlawful restraint, they are distinct crimes. The key differences include:

False Imprisonment: Involves restraining or confining someone without their consent, but does not require transportation.
Kidnapping: Requires that the victim be moved or transported from one place to another, typically with the intent to hold the victim in secret.

Understanding these differences can help shape the defense strategy in your case.

Common Defenses to False Imprisonment Charges

There are various defenses available to challenge a false imprisonment charge in Wisconsin. Some of the most common defenses include:

Lack of Intent: If there was no intent to confine the victim, this can be a strong defense. For instance, if a door was locked by mistake, this could negate the intent element.
Misunderstanding or Misinterpretation: Sometimes, false imprisonment charges arise from a misunderstanding, where the victim’s fear was unwarranted.
Availability of Escape: If the alleged victim could have escaped easily, such as by using another door, the confinement element could be challenged.
Good Faith Confinement: Confinement might be justified in certain situations, such as when preventing harm or protecting the person.
Insufficient Evidence: If there is a lack of physical evidence or unreliable witness testimony, this can help cast doubt on the charges.

As your Madison false imprisonment lawyer, I will scrutinize the facts of your case to find any weaknesses in the prosecution’s arguments.

Impact of False Imprisonment Charges on Your Criminal Record

A false imprisonment conviction is a Class H felony and can stay on your criminal record indefinitely unless it is expunged. Expungement may be an option, but it is not automatic, and the court will make a decision at sentencing. A criminal record can have a significant impact on your life, affecting job opportunities, housing, and more. I will help you explore all possible avenues for expunging your conviction if applicable.

Why Choose Avena Law Office for Your False Imprisonment Defense?

✅ Over a decade of experience in defending criminal cases in Madison and throughout Wisconsin
✅ Aggressive defense against false imprisonment charges and other criminal offenses
✅ Bilingual representation — Spanish-speaking clients welcomed
✅ Fixed fees and affordable legal services
✅ Serving Madison, Dane County, and surrounding areas, including Columbia, Rock, and Jefferson counties

When you hire me, you’re getting more than just a lawyer — you’re gaining a dedicated partner who will fight relentlessly to protect your rights. I am committed to providing high-quality, accessible legal services to all clients, including students, working families, and those on a budget.

Contact a Madison False Imprisonment Defense Lawyer Today

If you have been charged with false imprisonment or are facing any other criminal charge in Wisconsin, don’t wait to take action. Call (608) 271-2271 today or use our secure online contact form to schedule your free consultation. Together, we can fight the charges and work towards the best possible outcome.

Avena Law Office — Defending clients charged with false imprisonment and other criminal offenses in Madison, Fitchburg, Verona, Middleton, and surrounding areas throughout Dane County, Columbia, Rock, and beyond.