Dallas False Imprisonment Attorney
False imprisonment occurs when one person prevents another person from leaving a specified area without their consent. This can happen for any length of time and is frequently seen in kidnapping cases. While falsely imprisoning someone is a criminal offense, it can additionally be brought in civil court to compensate the victim for any harm done by the perpetrator. If you have been the victim of falsely imprisoned, be sure to contact a Dallas false imprisonment attorney as you may be entitled to receive compensation for injuries received during the crime.
False Imprisonment in Texas
Texas law defines false imprisonment as meeting the following four criteria:
- Non-consensual confinement of victim
- Confinement must be intentional
- Victim has to have knowledge that they are imprisoned
- Victim is not aware of any means of escape
False imprisonment cases are in the news more often than you think. Kidnapping claims are often highlighted in the news, but many do not involve only a few hours of imprisonment. However, these charges are often tied together with other criminal charges such as kidnapping, sexual assault, and unlawful restraint. You are able to pursue civil charges separately from any criminal charges brought against an attacker by proving the above elements in a civil court. A civil court additionally has a lower burden of proof to demonstrate that the attacker falsely imprisoned you. In criminal court, the prosecutor must prove that the attacker committed false imprisonment “beyond a reasonable doubt,” while in civil court, the attorney for the victim must only prove that the attacker held someone against their will “by a preponderance of the evidence.”
Therefore, it is important to keep in mind that you can bring a false imprisonment claim against your attacker in addition to criminal charges. It is also important to remember that the limitations period on these claims begins running the day the injury is committed. Therefore, regardless of the potential criminal case decision, you should contact a Dallas personal injury attorney immediately who can help you receive the compensation you deserve for your injuries. Being imprisoned falsely is a terrifying ordeal and often results in emotional and psychological damage in addition to physical scars. Victims are often abducted or imprisoned in places they often visit, making it difficult to bounce back to their regular life after an ordeal.
A false imprisonment claim will make the attacker responsible for any medical bills, loss of income, and pain and suffering which were the result of your injuries.
False Imprisonment FAQs
What is false imprisonment?
False imprisonment occurs when someone without legal jurisdiction or authority restrains or holds someone else captive against said person’s will. The detention must be willful, unlawful, and without the other person’s consent. This may involve threatening someone with a weapon and making that person unable to move, even if they are not physically imprisoned. If someone’s volition to move or leave is inhibited in any way, false imprisonment, a crime punishable by law, has occurred. In addition, police may be charged with false imprisonment if they act outside of their legal authority. If you have any additional questions or want to set up an appointment with one of our qualified Fort Worth false imprisonment attorneys, please contact The Benton Law Firm by calling (214) 219-4878 today.
What are some examples of false imprisonment?
False imprisonment may look any number of ways. As long as the victim’s movement and will has been restricted in some way, this restriction is false imprisonment. Some examples include locking another person in a room or car, threatening someone to keep them from leaving, an officer of the law making a false arrest, or a person physically holding someone in place or preventing them from leaving. There are countless other scenarios that may be considered false imprisonment, as long as the detention in question is without consent and is both willful and unlawful.
What are the penalties for false imprisonment?
False imprisonment is a crime that is punishable by law and there are legal penalties for those found guilty. Charges for false imprisonment may either be considered a misdemeanor or a felony, depending on the specifics of the case. Factors that may influence the severity of a charge can include the threat, force, or weapons involved. A misdemeanor charge carries with it a possible sentence of up to one year and up to a $1,000 fine while felony charges are punishable by up to 20 years in prison and up to $10,000 in fines. For potential charges specific to your case, please contact an attorney.
Contact a Dallas Personal Injury Attorney
The attorneys at The Benton Law Firm are skilled in handling personal injury claims, including those which occur as the result of crimes. Criminal offenses are unique in that they can be brought in both criminal and civil court. Experienced personal injury attorneys understand how to take the facts from the criminal case and apply them to the civil case. If you have been the victim of false imprisonment, do not hesitate to contact our attorneys at (214) 219-4878 at The Benton Law Firm for your initial free consultation.