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What is the minimum and maximum sentence on false imprisonment?
Anonymous2 views3 answers
i have an associate that was recently arrested on false imprisonment and domestic battery and was already on misdemeanor probation for driving with an invalid drivers license if found guilty how long can hoe do by Florida law?
The answer to your question depends on a lot of different variables. The false imprisonment charge is a 3rd degree felony, punishable by up to 5 years in State prison. The domestic battery (assuming he has no prior battery charges) is likely a misdemeanor, punishable by up to 1 year in the county jail. He can also consecutive time on the Violation of Probation for No Valid Driver's License, since he picked up new charges while on probation.
Your associate needs to speak with an experienced criminal defense attorney in his area. A lot of times, with early intervention, an attorney can persuade the State not to file charges (especially in domestic situations which can be very difficult for the State to prove).
If you and/or he are interested in further information, please check out the Domestic Violence page on my website and/or contact me by phone. I handle lots of domestic cases throughout the Tampa Bay area and would be available to assist on your friend's case.
Good luck.
The minimum sentence is going to depend on if there was any injury on the battery. However, the maximum sentence is 5 years on the false imprisonment and one year on the domestic battery, unless that was charged as a felony which would make it 5 years additional. It would be a good idea to talk to a local attorney such as myself or Mr. Slavin so that we can decide what your best defenses are to your situation.
Craig Epifanio
The maximum on the false imprisonment is 5 years; DV battery, assuming it is a misdemeanor, 1 year; and violation of probation on the DL charge, either 60 days or 1 year, depending on whether the underlying charge was a first-degree misdemeanor or second-degree.
The minimum for the felony charge depends largely on your associate's criminal history. Florida's sentencing scheme utilizes a point system that assigns points to different crimes. If the total points are over 44 points, the mimimum is prision unless you can get a downward departure. If the points are under 44, there is no minimum sentence.
I also practice in Tampa and we gladly talk to you further about the case. Feel free to call me at 813.453.6396.