Jacksonville Criminal Defense Attorney Blog

False imprisonment of an individual in Florida is a felony. Florida felonies are separated into different categories or degrees, each degree carries a different punishment. Punishments for a felony are determined and defined by Florida Statute and the State Attorney must present its case to meet the standards or elements of the crime for a verdict to be passed by a jury for the level of the degree of felony.

In a false imprisonment case, false imprisonment of an individual is considered a felony of the third degree. Under Florida Statute 775.082 a third degree felony is punishable with up to five years in prison and a $5,000 fine. However, it is a first degree felony, punishable by imprisonment not exceeding life, if the false imprisonment is of a child less than 13 years of age and one the following is also done to the child:

1. Aggravated child abuse;
2. Sexual battery;
3. Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition;
4. Prostitution of the child (e.g. human trafficking); or
5. Lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition.

If you are charged with false imprisonment, then you should speak with a criminal law attorney about your possible defenses and options.

Florida crimes are defined by statute and prosecuted by the State Attorney’s office in the area where the crime occurred. False imprisonment is a term that is often referenced as a civil issue, such as an employee suing because she was locked in a room by her employer. However, Florida actually defines the action as a crime.

False imprisonment is defined in Florida Statute 787.02(1) as the following:

1. Forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without legal authority against his/her will. (e.g. If a girl is grabbed while walking to her car and thrown into a vehicle of another.)
2. Confinement of a child under 13 years of age against his/her will without parental consent. (e.g. A child being placed in a locked basement by someone that is not the child’s parent or guardian.)

A criminal law attorney can assist you in understanding possible defenses if you have been charged with the crime of false imprisonment in Florida.

Michael Jackson’s doctor, Conrad Murray, M.D., has been found guilty of involuntary manslaughter. The State presented evidence, through multiple witnesses that told the story of Michael Jackson’s death and the role played by Dr. Murray that led to his demise. The story presented by the State to the jury was one of an insomniac ridden Jackson who put his trust into Dr. Murray, who used the anesthetic propofol in high doses without proper safeguards and with inadequate supervision. The combination of Dr. Murray’s along with his failure to communicate all of Michael Jackson’s medications to the treating physicians at the emergency room caused, according to the jury, the death of the King of Pop.

Dr. Conrad Murray was tried and found guilty of involuntary manslaughter in a California Court. The State had to prove that Murray’s actions met California’s legal definition of Penal Code 192(b), involuntary manslaughter, which is the unlawful killing of another that take place

1. during the commission of an unlawful act (not amounting to a felony), or
2. during the commission of a lawful act which involves a high risk of death or great bodily that is committed without due caution or circumspection. (i.e. injecting high levels of medications without proper supervision)

Continue reading " Dr. Conrad Murray Guilty of Michael Jackson's Death: A Florida Criminal Law Perspective " »

Kidnapping charges are severe in most states, like Florida, and over the years have been prosecuted fully due to the nature of the crime and the exposure of the crime. Shows such as Nancy Grace have popularized the victims of the crimes and when kidnappers are found, the law is harsh, reinforcing the severity of the crime and punishment to the public. When someone is charged in Florida with the kidnapping of another, the law looks at the crime and also the age of the victim. Kidnapping someone over the age of 13 is a first degree felony, but kidnapping a child under the age of 13 can have even worse consequences.

Florida Statute 787.01 defines the crime of kidnapping and the penalties associated therewith. Florida Statute 787.01(3) states that a kidnapping is a life felony the kidnapping is upon a child under the age of the 13 and in the course of committed the crime, the accused does one or more of the following:

1. Commits aggravated child abuse, which is further defined in F.S. 827.03;
2. Commits sexual battery against the child;
3. Commits lewd or lascivious battery, molestation, conduct or exhibition on or of the child;
4. Commits a violation as it relates to prostitution upon the child; or
5. Commits exploitation of the child or allows the child to be exploited (e.g. takes nude photos of the child or allows someone else to do the same)

If you have been charged with the crime of kidnapping, then you should speak with a criminal lawyer about your rights and defenses.

Florida defines kidnapping by statute, which is basically the illegal taking of another, by force, trick, etc. In Florida, the police have the job of investigating the crime and charging the alleged criminal with the crime that is believed to have been committed. The job of the State Attorney is to prosecute the crime and make certain that all elements, as defined, were met beyond a reasonable doubt.

Florida crimes are not only defined by Florida Statute, but as are there punishments. The crime of kidnapping, when done to a child over the age of 13, is punishable a first degree felony and is punishable as such. The maximum punishment for a first degree felony is punishable for term of imprisonment not to exceed thirty (30) years.

If you have been charged with the crime of kidnapping in Florida, then you should speak with a criminal lawyer about your rights, options and defenses.