False imprisonment is one of many different types of violent crimes in the Commonwealth of Pennsylvania. Being able to move about without being restrained or restricted to do so by another individual is one of the essential ideas of personal freedom. murder When this personal liberty is violated, it can be the case that the act of false imprisonment has occurred. False imprisonment is defined under section 2903 of the Pa criminal code. It states that an individual has committed this offense when they knowingly restrain another unlawfully so as to interfere substantially with his liberty. In order for a conviction to hold up, the prosecution must show that the actions were taken to intentionally restrain or limit another’s personal liberty. In addition, the act of false imprisonment can only take place if the individual did not consent to being restrained. Adults grant consent by voluntarily remaining in the situation. If, however, the restraint took place because of force or threat of force, enhancements to the sentence can be added. It is important to note that this does not apply to children, as they are considered legally incapacitated.
Violent Crimes such as False imprisonment cases involving children are also subject to harsher penalties. recklessly endangering another person The false imprisonment also must be unlawful. For example, many states have laws on the record that allow retail workers to stop and or detain an individual who suspected of theft. In this instance, the restraint had a lawful purpose as long as there was evidence indicating a theft took place and the authorities were notified. The statue for false imprisonment is similar to that of kidnapping. The main difference between the two is that with kidnapping, there is an additional element that needs to be shown. False imprisonment is a misdemeanor of the second degree. With a conviction, you can face up to two years incarcerated and steep fines. Due to the harsh penalties that can be imposed, it is important to seek legal representation. Each case is different and given the particular circumstances surrounding your case, your defense attorney can start building a defense against the charge. The attorneys at the Law Offices of Kelly and Conte are experienced attorneys who will fight to get the best possible resolution given the facts of your case.