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Louisiana False Imprisonment and Kidnapping Attorney
False Imprisonment and Kidnapping Attorney in Shreveport, Bossier City, Monroe, & Ruston, LA
Terms like false imprisonment and kidnapping are often used in the same context, especially on television dramas or late-night news broadcasts, making them familiar terms to most of us. While they can sound like the same offense, they’re two of the most commonly confused legal terms. While elements of these two crimes are similar, false imprisonment is distinctly different from a kidnapping.
Often times, offenders charged with false imprisonment have not intentionally or willfully committed a crime. A critical distinction is that it doesn’t depend on intent. A qualified and experienced criminal defense lawyer in Louisiana can help defend clients accused of false imprisonment so they’re not punished for committing an otherwise innocuous crime.
What is False Imprisonment?
Louisiana state statutes defines the crime of False Imprisonment as the following:
“A. False imprisonment is the intentional confinement or detention of another, without his consent and without proper legal authority.
- Whoever commits the crime of false imprisonment shall be fined not more than two hundred dollars, or imprisoned for not more than six months, or both.”
There is an adjacent statute, 14:46.1, which is the same crime only with an enhancement of using a deadly weapon in the commission of false imprisonment. While false imprisonment is similar to kidnapping, it’s important to note the distinction.
False Imprisonment vs. Kidnapping
Kidnapping is very similar to false imprisonment but there are some differences between the two charges. According to Louisiana state statutes, kidnapping is defined as the following:
“The intentional and forcible seizing and carrying of any person from one place to another without his (or her) consent. Whoever commits the crime of simple kidnapping shall be fined not more than five thousand dollars, imprisoned with or without hard labor for not more than five years, or both.”
While similar, the key distinction here is the movement of the victim from one place to another. It’s important to note the difference. If this still seems unclear, the following examples illustrate both crimes in a real-world context.
- False Imprisonment: Two people share an apartment. They get into an argument. One of them wants to leave the apartment, but the other stands in front of the door and refuses to let them go. This is false imprisonment.
- Kidnapping: Using force, coercion, or other means, one of the roommates restrains the other and transports them from that location to someplace else. This happens after the first roommate tells the other that in order to be freed from their custody, they have to provide full access to their financial accounts.
The key distinction is that false imprisonment does not involve the moving of another person, and it doesn’t necessarily involve the threat of force or coercion to extract something of value. Kidnapping can be expressed through the following equations:
- False Imprisonment + Involuntary moving of victim = Kidnapping
- False imprisonment + commission of another crime dependent upon the false imprisonment = Kidnapping
These subtle differences alter the entire dynamic of the crime. While false imprisonment carries different punishments, it’s still a serious crime and requires the assistance of an experienced criminal defense attorney in Louisiana.
Let Us Defend You Against False Imprisonment Charges
Attorney Eric Johnson of the John D. & Eric G. Johnson Law Firm has more than 27 years of experience defending those accused in state and federal criminal cases. False imprisonment is a charge that demands a proper defense. We have tirelessly fought for clients facing these charges in the past, and we can fight on your behalf as well.
We have the know-how and the confidence to give you the legal defense you deserve. Let our experienced team fight for you in court. To schedule a free case review, call us at 24/7 at 318-377-1555 or complete our online contact form today.