False imprisonment occurs when one person prevents another from leaving a specified area without consent. This can happen at any time and is frequently seen in kidnapping cases. While falsely imprisoning someone is a criminal offense, it can also be brought in civil court to compensate the victim for any harm the perpetrator does. If you have been the victim of being falsely imprisoned, be sure to contact a false imprisonment lawyer in Dallas, 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
- The victim has to know that they are imprisoned
- The 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 can 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.” In contrast, 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.”
False Imprisonment Lawsuits
Therefore, it is crucial to remember 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 who can help you receive the compensation you deserve for your injuries. Being falsely imprisoned is a terrifying ordeal, often resulting in emotional and psychological damage and physical scars. Victims are often abducted or imprisoned in places they visit. That makes it difficult to return to their regular life after an ordeal.
A false imprisonment claim will make the attacker responsible for medical bills, loss of income, and pain and suffering resulting from 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 their legal authority. If you have any additional questions or want to schedule an appointment with one of our qualified false imprisonment lawyers in Dallas, please contact The Benton Law Firm by calling (214) 777-7777 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 have been restricted somehow, 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 makes a false arrest. Or a person was physically holding someone in place or preventing them from leaving. Countless other scenarios may be considered false imprisonment as long as the detention is without consent and is both willful and unlawful.
What are the penalties for false imprisonment?
False imprisonment is a crime punishable by law, and legal penalties exist 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 a possible sentence of up to one year and up to a $1,000 fine. In contrast, felony charges are punishable by up to 20 years in prison and up to $10,000 in fines. Don’t hesitate to contact an attorney for potential charges specific to your case.
Contact a False Imprisonment Lawyer in Dallas
The attorneys at The Benton Law Firm are skilled in handling personal injury claims, including those resulting from crimes. Criminal offenses are unique because they can be brought in 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) 777-7777 at The Benton Law Firm for your initial free consultation.