In Arizona, A.R.S. 13-1303 refers to unlawful imprisonment which happens when an individual unlawfully and knowingly restrains someone. For instance, you may be accused of unlawful imprisonment if you did not let someone out of a place such as a room, apartment or vehicle. If you have been charged with unlawful imprisonment, contact usimmediately for a free consultation. The Maasen Law Firm will help you build a defense that challenges the prosecutor’s “evidence” against you.
Possible Punishment for Unlawful Imprisonment Charge
When an individual is not released from an area it is considered a class six felony. For instance, you are accused of not letting someone go until you were forced to do so by police. If you are convicted of a first offense, you may receive probation with no jail time. You could also receive probation with up to one year in jail.
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If it is your second felony conviction, you may receive nine months to two and three quarter years in prison. If this is your third felony conviction, you may receive two and one quarter to five and three quarter years in prison.
Unlawful imprisonment is considered a class one misdemeanor if you voluntarily released the alleged victim without harm. For example, you let the alleged victim go to a safe place before you were arrested by police. Since a class one is a misdemeanor, you face the following punishment:
- Zero days to six months in jail.
- $2,500 fine which includes an 84 percent surcharge.
- Up to three years of probation (this includes counseling and classes).
You face serious jail or prison time for a possible unlawful imprisonment conviction. However, it’s time to focus on your defense. With a strong defense, you can reduce or eliminate the changes of facing the possible punishment listed. Contact Maasen Law Firm for a free consultation. We are ready to build a strong defense for you.
Possible Defenses to an Unlawful Imprisonment Charge
There are many possible defenses depending on the circumstances of your case. This charge arises in domestic disputes like divorce or child custody situations. Your ex-spouse shows up to take your children without your permission. You refuse to let your children go with your ex-spouse and he or she calls the police. In another situation, you may have had permission to have your children when your ex-spouse shows up demanding the children. Our lawyers will show evidence that you had custody of your children at the time of the unlawful imprisonment charge.
The second type of defense is if you are a police officer charged with unlawful imprisonment. We will show that you were acting in good faith when you restrained the suspect. You had probable cause to restrain the person.
If you are a merchant or employee, your defense could be “shopkeeper’s privilege.” This defense refers to having reasonable cause to believe that the suspect was shoplifting.
Contact us if you know the police are investigating you for unlawful imprisonment or you’ve been charged with the crime. We also defend against driving under the influence,prescription drugs and sex crime charges.
In addition to building a defense based on the facts of your case, we will also attack from all angles. We will assert any constitutional violations that may apply to your case. For instance, if you were properly read your Maranda Rights, we will file a motion to get any statements you said thrown out.
Maasen Law Firm is here for you. Contact us for your free consultation today.
- What is the one thing you liked best about working with Maasen Law Firm? That he was polite, to the point and driven by results.
- Would you recommend a friend or colleague, if so why? I did recommend my attorney to a friend, because I was really impressed by his results and professionalism.
Scott, just a quick note to thank you for all the time and energy you spent last week on my son’s behalf.
I contacted the Maasen law firm because I was in a legal jam. They made me feel important and that my case would be taken care of and that put my mind at ease.