What is False Imprisonment?

If you have felt trapped in a tricky situation in which you strongly believed or feared you couldn’t leave even if you are certain that you had not done anything inappropriate, unlawful, or wrong, that is false imprisonment in a nutshell. Being falsely imprisoned can be frightening and confusing. But what if you’re the one being accused of false imprisonment?

If you’re facing false imprisonment charges, you risk paying a fine not exceeding $2,500 and getting jailed for a year. However, if the incident involves other criminal offenses, severe injury, or death, the penalties for a false imprisonment conviction can be immensely severe. If you’ve been unjustly accused of false imprisonment, you don’t need to face the criminal justice process alone. Talk to a reputable criminal defense attorney in Tennessee to get started on your defense strategy as soon as possible.

How Does Tennessee Law Define False Imprisonment?

Under Tennessee law, you have committed the crime of false imprisonment if you willfully and intentionally restrict another person’s ability to move freely without legal justification and permission. Put simply, it means the unlawful and nonconsensual confinement or detainment of another person. The person imprisoned may be physically restrained, detained in a room, vehicle, or building, or barred from leaving the confinement area.

While the concept seems straightforward, false imprisonment can occur in a range of contexts, such as:

Someone detaining an alleged offender under citizen’s arrest without reasonable grounds.
Restraining a family member or intimidating them to prevent them from leaving during a fight.
Security guards use their authority to detain someone without probable cause.
A shop manager detaining an alleged shoplifter without reasonable suspicion.
Restraining another person in a public location.

You should also know that not all false imprisonment cases involve physical restraint. Intimidating or threatening someone can count as false imprisonment if the captive feels they cannot leave the area where they are confined. If you or someone you care about is in deep trouble due to false imprisonment accusations, don’t wait to seek guidance from a Tennessee false imprisonment lawyer to learn about your legal options.

How a Tennessee False Imprisonment Lawyer Will Fight for You

Your attorney will start crafting your defense strategy by reviewing the prosecution’s evidence and case against you. Based on the facts of the confinement incident, your Tennessee false imprisonment attorney may also raise one or more defenses to undermine the prosecution’s case.

These defenses may include establishing the legality of the detainment, proving the confinement was not intentional, showing the alleged victim consented to be detained, or arguing the confinement was necessary to avoid harm to yourself or other people. Depending on the specific circumstances of the alleged imprisonment, your Tennessee false imprisonment lawyer may weigh the pros and cons of a plea deal or take your case directly to court to clear your name and reputation.

Fight the Charges Against You with Our Experienced Lawyer on Your Side

If you’ve been arrested or charged with false imprisonment, don’t let false allegations destroy your life and take away your freedom. Schedule your confidential case assessment with our false imprisonment attorney at Burch and Stewart in Tennessee by calling 931-954-1066 or filling out our online contact form.