False Imprisonment Defense Lawyer for Madison
As an experienced Madison false imprisonment defense lawyer with over two decades of legal experience, I have spent numerous years of my career in the heart of Wisconsin’s criminal justice system. One thing that is true – if you’ve been charged with a crime such as false imprisonment, it will be to your advantage to retain an experienced Madison criminal defense attorney as soon as possible to represent you.
Given the severity of penalties associated with false imprisonment in Wisconsin, including substantial fines and potential jail time, it’s crucial to seek experienced legal counsel. I encourage you to call me to schedule a consultation, where we can discuss how I can ardently fight to safeguard your interests. As a bilingual attorney, I provide services in both English and Spanish to better serve a diverse range of clients. Affordability and accessibility are cornerstones of my practice – I offer reasonable rates, fixed fees, and accept credit card payments. Let’s work together to navigate your legal challenges.
What Is False Imprisonment Under Wisconsin Law?
In Wisconsin, false imprisonment is defined under section 940.30 of the Wisconsin Statutes. The law views false imprisonment as intentionally confining or restraining another person without their consent, causing them to believe that they have no viable means of escape.
What Are The Elements of a False Imprisonment Charge?
Four key elements need to be present for a charge of false imprisonment in Wisconsin. Firstly, the defendant must confine or restrain the victim. Secondly, the confinement or restraint must be intentional. Thirdly, the victim did not, or could not, consent to the restraint. Lastly, the victim must reasonably believe that they have no means of escape. Each of these elements must be proven beyond a reasonable doubt for a conviction to be secured.
What Are the Penalties for False Imprisonment in Wisconsin?
False imprisonment is a Class H felony under Wisconsin law. If convicted, the penalties can be severe. They include up to six years in prison, a fine of up to $10,000, or both. The exact penalty depends on the specific circumstances surrounding the case and the defendant’s prior criminal record.
Can I Be Charged With False Imprisonment For Merely Threatening Someone?
Interestingly, even the threat of false imprisonment can be actionable in Wisconsin. Depending on the context, this may fall under the category of “intimidation of a victim,” which is a crime in and of itself. If the threat induces fear in the victim that false imprisonment will occur, the offender may be charged and prosecuted.
What Is The Difference Between False Imprisonment And Kidnapping?
False imprisonment and kidnapping, although related, are distinct under Wisconsin law. While both involve illegal confinement or restraint, kidnapping additionally requires the defendant to transport the victim from one place to another with the intent to secretly confine the victim, usually for a ransom or as a hostage.
What Are Possible Defenses of a False Imprisonment Charge?
As a defense lawyer, my job is to explore every possible avenue to protect my client’s rights. For false imprisonment charges, defenses might include:
- Lack of Intention to Confine. In some cases, a person might be accused of false imprisonment simply because they locked a door or created a boundary without knowing someone else was inside. If it can be proven that there was no intent to confine the alleged victim, this may be a viable defense.
- Misunderstanding or Misinterpretation. False imprisonment doesn’t always involve physical boundaries. Sometimes, charges are based on the victim’s fear of harm if they attempt to leave. This fear might be based on a misunderstanding or misinterpretation rather than an actual crime. If we can show this, it could undermine the prosecution’s case.
- Presence of Reasonable Means of Escape. If there were alternate escape routes available, this could be a strong defense. For example, if a person locked the front door, but there was an accessible back door, it suggests that the alleged victim wasn’t truly confined. Similarly, if keys were readily available to unlock the door, the confinement element might be challenged.
- Good Faith Confinement. There are situations where confinement might be justified due to genuine concern for the person’s safety. Parents confining their children in a safe space, a person restricting the movement of someone threatening self-harm, or merchants detaining individuals who have threatened violence or stolen from their establishment – these might all be viewed as legitimate reasons for confinement.
- Insufficient Evidence of Confinement. Sometimes, charges of false imprisonment are brought without concrete evidence of confinement. In such cases, it’s crucial to challenge the credibility of the evidence and the reliability of the witnesses. The burden of proof lies with the prosecution – they must prove beyond reasonable doubt that you confined the alleged victim. If they can’t meet this standard, the charge should not stand.
In any legal battle, especially one as complex as false imprisonment, having an experienced and aggressive criminal defense attorney at your side is crucial. As an experienced false imprisonment attorney, I can work relentlessly to challenge the prosecution’s evidence, expose weaknesses in their case, and ensure that your rights are upheld.
How Long Can a False Imprisonment Charge Stay On a Person’s Record in Wisconsin?
A false imprisonment charge, like other felony charges, can have a significant impact on a person’s record. In Wisconsin, felony convictions remain on the defendant’s criminal record indefinitely unless they are expunged. Expungement is only available under certain circumstances, and it is a decision made at the discretion of the court at the time of sentencing.
Schedule A FREE Consultation with Experienced False Imprisonment Defense Lawyer Glenn Avena Today!
False imprisonment charges in Wisconsin are serious matters with severe implications. As an experienced false imprisonment defense attorney, I stress the importance of understanding your rights and ensuring you have proper legal representation.
As you navigate the turbulent waters of a false imprisonment charge or any criminal defense matter, it is critical to consider that the chances of securing reduced charges and penalties significantly increase when an individual is represented by a lawyer. With over two decades of experience, I offer a wealth of legal expertise and a unique perspective, including invaluable experience as a four-year veteran of the United States Army.
My practice is built on the belief that access to justice should not be a privilege of the few but a right for all. I am committed to serving the working class and their families, university students, and those who cannot afford the high fees often charged by downtown lawyers. I offer affordable legal fees and accept credit card payments, making the process easier for you.
But my service goes beyond affordability. When you retain me, you are not just hiring a lawyer – you are gaining a dedicated partner in your defense. I am personally involved in every aspect of your case, and you can expect direct and consistent interaction with me throughout the duration of your case.
Don’t face these charges alone. Reach out today, and let me stand with you, fighting for justice and your rights. Together, we can navigate this challenging time and work towards the best possible outcome.