False Imprisonment Defense Lawyer in Wisconsin
Charged with False Imprisonment under Wis. Stat. § 940.30? This felony offense is frequently charged in domestic or interpersonal disputes and can carry serious criminal and collateral consequences. Early legal representation is critical to protecting your rights and your future.
What the Law Says About False Imprisonment
Under Wis. Stat. § 940.30, a person commits False Imprisonment when they intentionally confine or restrain another person without that person’s consent and while knowing they have no lawful authority to do so.
Unlike Kidnapping under Wis. Stat. § 940.31, False Imprisonment does not require movement of the alleged victim. The offense may be based solely on unlawful restraint or confinement, even for a brief period of time.
What the State Must Prove to Convict on False Imprisonment
To convict a defendant of False Imprisonment under Wis. Stat. § 940.30, the State must prove each of the following elements beyond a reasonable doubt:
- The defendant confined or restrained another person.
- “Confine or restrain” means restricting a person’s freedom of movement or liberty without justification.
- The defendant acted intentionally.
- The act was purposeful, not accidental or negligent.
- The person did not consent to the confinement or restraint.
- The defendant knew they had no lawful authority to confine or restrain the person.
These elements are detailed in Wisconsin Jury Instruction – Criminal 1275 False Imprisonment.
Penalties and Sentencing on False Imprisonment in Wisconsin
False Imprisonment is classified as a Class H felony under Wisconsin law and carries significant criminal and collateral consequences.
- Up to 6 years imprisonment
- Up to $10,000 in fines
- If the alleged victim is a minor and the defendant is not the child’s parent, a conviction may result in sex-offender registration under Wis. Stat. § 301.45
- Possible no-contact orders and restrictions on housing or employment
Sentencing decisions are influenced by the circumstances of the confinement, the duration of the restraint, whether force or threats were used, and the defendant’s prior criminal history.
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Common False Imprisonment Scenarios in Wisconsin
False Imprisonment charges often arise from fast-moving, emotionally charged situations where the alleged restraint is brief or disputed. Common scenarios include:
- Domestic or dating-partner disputes where one person blocks a doorway or holds another’s phone
- Physical restraint in vehicles or homes during arguments
- Situations involving threats preventing someone from leaving
- Situations where attempts to calm, protect, or de-escalate are later characterized as unlawful restraint
- Cases charged alongside related offenses such as Battery, Disorderly Conduct, or Kidnapping
Defenses and Legal Strategies for False Imprisonment Charges
False Imprisonment cases frequently turn on whether the alleged conduct actually amounted to unlawful restraint and whether the defendant acted intentionally and without lawful authority. Effective defense strategies often include:
Why Hiring a False Imprisonment Lawyer Matters
False Imprisonment charges often arise from emotionally charged situations and are frequently based on subjective interpretations of brief or disputed conduct. These cases can escalate quickly, particularly when tied to domestic allegations or overlapping violent-crime charges. Early involvement by experienced defense counsel is critical to challenging the State’s narrative and preventing unnecessary felony exposure.
View some of the criminal case results from Chirafisi Anderson, S.C.
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A False Imprisonment charge can place your freedom, reputation, and future at risk. These cases require careful analysis of intent, consent, and the surrounding circumstances to prevent overcharging and unnecessary felony consequences. An experienced defense attorney can intervene early to protect your rights and pursue the strongest possible defense.
Chirafisi Anderson, S.C. represents individuals charged with False Imprisonment and related violent offenses throughout Southern and Central Wisconsin, including Dane, Rock, Iowa, Green, Columbia, Dodge, Jefferson, and Sauk Counties.