(140) What’s the difference between False Imprisonment & Kidnapping? | Michael Haber Miami Lawyer

What is the difference between Kidnapping and False Imprisonment in FL?

Kidnapping and False Imprisonment are related crimes (in fact False Imprisonment is a “lesser included offense” of the more serious crime of kidnapping) but the line between these two crimes can be quite subtle, and the State will often choose to charge Kidnapping, even when they ultimately only prove False Imprisonment because of the huge difference in penalties.

The main differences between the offenses is that kidnapping requires that you move a person, that you transport them in some manner, and also that you have the intent to commit or to facilitate a felony at that time. Unlike False Imprisonment, Kidnapping is always a crime and never involves monetary damages.

False imprisonment doesn’t require moving a person; merely that you confine them without consent. Not only is False Imprisonment a crime but it is also a tort (or a civil wrong for which you can get money damages.

False Imprisonment is a 3rd degree felony and is punishable by a maximum of 5 years in state prison whereas Kidnapping is False Imprisonment on steroids, it is a 1st degree felony and is punishable by a minimum of 48 months and a maximum of life in state prison.

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At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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