Saint Petersburg Law Firms Explain How to Fight Kidnapping and False Imprisonment Charges

Being accused of kidnapping or false imprisonment can be an incredibly scary and stressful situation. Even if you believe the charges are unfounded, defending yourself against felony charges like these is difficult without an experienced attorney on your side.

Fortunately, Saint Petersburg has no shortage of knowledgeable criminal defense attorneys who regularly take on these types of cases. We spoke with several local law firms about the strategies and defenses they use to fight kidnapping and false imprisonment accusations in Saint Petersburg and throughout Pinellas County.

What Constitutes Kidnapping and False Imprisonment Under Florida Law

In Florida, kidnapping and false imprisonment charges stem from allegedly depriving someone of their liberty unlawfully. Kidnapping laws deal with confining, abducting or imprisoning someone against their will. False imprisonment is when you intentionally restrict someone’s movement without legal authority.

To prove kidnapping, prosecutors must show:

• You forcibly, secretly or by threat confined, abducted or imprisoned someone against their will
• You had no lawful authority to do so

For false imprisonment, they must establish:

• You illegally restrained someone’s normal liberty of movement
• You did so intentionally and without their consent

Restraining someone for a short time, like holding onto a suspected shoplifter until police come, is often just false imprisonment. But detaining victims for an extended period or moving them to a secondary location can lead to kidnapping charges. Both are second and third-degree felonies in Florida.

Common Defenses Against These Allegations

Saint Petersburg defense attorneys use various strategies to fight kidnapping and false imprisonment charges, depending on the circumstances of the case. Here are some of the most common defenses:

No Intent

For false imprisonment, you can argue you did not intentionally restrain the victim. This may apply if you momentarily stopped someone from leaving during a dispute. With kidnapping, you may claim you had no intent to confine or abduct the person.

Consent

You can fight false imprisonment allegations by showing the “victim” consented to the confinement or restriction of movement. For example, a store owner might detain a shoplifter or an employer question an employee suspected of theft. The key is proving the subject agreed to the restraint.

Self-Defense

If you restrained someone who attacked or threatened you, you may claim self-defense. Reasonable force used to protect yourself or others may justify confining someone for a short time.

Citizen’s Arrest

Florida law allows private citizens to detain someone who committed a felony until law enforcement arrives. So you may argue falsely imprisoning a suspected criminal was a lawful citizen’s arrest.

Mistaken Identity

In cases of mistaken identity, you can assert you had the wrong person and did not commit the crime. Eyewitness misidentification is a common contributor to false charges.

Alibi

An alibi defense maintains you could not have kidnapped or falsely imprisoned the victim because you were somewhere else at the time. Alibis should be supported by receipts, cell phone records, witness statements or other evidence.

How an Attorney Can Help Beat These Charges

While the defenses above provide a roadmap, successfully fighting kidnapping or false imprisonment allegations requires an experienced attorney. Here are some of the ways a lawyer can help:

• Evaluate any police missteps and challenge inadmissible evidence
• Work to exclude prejudicial information through motions in limine
• Negotiate with the prosecution for reduced charges or a favorable plea deal
• Hire investigators to dig into the claims and accusers
• Obtain and analyze cell phone, GPS and digital records that support your defense
• Interview witnesses and create affidavits that contradict the charges
• Work with experts to undermine any flawed forensic evidence
• Conduct comprehensive trial preparation and develop persuasive arguments
• Skillfully cross-examine the witnesses and highlight inconsistencies
• Present a compelling defense focused on creating reasonable doubt

An adept lawyer understands the intricacies of these cases and the evidence needed to disprove the allegations. They have the skills to secure a dismissal before trial or win a not guilty verdict in court.

Why Theft Charges Are Often Added

Prosecutors frequently tack on grand theft charges in kidnapping and false imprisonment cases. Under Florida law, theft becomes a felony grand theft charge when:

• The stolen property is worth $300 – $4,999
• The stolen property is cargo valued at less than $50,000
• The stolen property is emergency medical equipment
• The stolen property is law enforcement equipment

So prosecutors may claim the defendant not only kidnapped or falsely imprisoned the victim, but also stole their property exceeding these thresholds. A skilled lawyer can dispute those additional charges as well.

Recent Case Results

Saint Petersburg criminal defense attorneys have successfully defended clients against kidnapping and false imprisonment in the past. Here are some examples:

State v. Simmons

Joseph Simmons was at a club when he got into an argument with an acquaintance. Security footage showed them exchanging words before the alleged victim walked away. Simmons followed him, grabbed his arm and shoved him into a wall. The man fell to the ground. Simmons was charged with kidnapping and grand theft for taking the man’s watch and necklace.

Upon review, Simmons’ attorney noted the encounter only lasted less than a minute. He argued Simmons had no intent to confine the man against his will. He also showed the man’s fall dislodged the jewelry, which Simmons picked up but never stole. Right before trial, the defense secured a plea deal to simple battery with no jail time.

State v. Caldwell

Kathy Caldwell managed rental properties with her husband. They evicted a tenant for non-payment of rent. The angry tenant later accused them of kidnapping and grand theft, claiming they locked him in a room to intimidate him and stole $500 cash he left behind. But the Caldwells insisted they simply changed the locks after he moved out.

Their lawyer demonstrated there was no evidence of false imprisonment or theft. The prosecution’s case rested solely on the accuser’s word. After presenting the defense evidence, the State dropped the charges completely.

State v. Stevens

Andrew Stevens was a loss prevention officer who detained a suspected shoplifter trying to leave the store. The shoplifter accused Stevens of kidnapping, false imprisonment and grand theft for taking his backpack. But surveillance video clearly showed Stevens wait for police to arrest the suspect and never touch the backpack in question.

The defense filed a motion to dismiss based on the video evidence. The judge agreed no kidnapping or theft was shown. The State reduced the charge to misdemeanor false imprisonment based on briefly restricting the suspect’s movement. Stevens pled no contest to that single charge and avoided a felony trial.

Finding the Right Saint Petersburg Kidnapping Defense Lawyer

Facing kidnapping or false imprisonment charges in Saint Petersburg can be daunting. But an experienced local defense attorney can thoroughly analyze the accusations and build a strong defense to beat them. For help fighting back against these allegations, consult with a knowledgeable lawyer today.