Philadelphia False Imprisonment Lawyers

If an offender restrains another person against their own will, then it could be labeled as false imprisonment in Pennsylvania. This charge is closely related to kidnapping, but when someone is kidnapped they are moved from their original location against their will. Limiting someone’s liberty to move freely is a serious crime, and many times the accused person does not even have to use physical force in order to falsely imprison another. If they, say, intimidatingly threaten a person to a point where the victim is truly afraid to leave, then this would be the charge they could receive in this State.

Correctly charging someone of false imprisonment in Pennsylvania can be tricky at times, especially when there are only adults involved in the situation. The question of consent comes about, and it has to be determined whether are not the victim was truly held against their will in a particular location. But, when a child is involved, that minor does not have the legal right to give a person consent, and if they are restrained these types of charges are justified. People who apparently have disabilities also cannot give someone consent.

The only person(s) who could grant consent with either of these two types of victims (a child or a disabled person) are either the child’s parent or guardian or the caregiver or guardian of the person with the disability. There are some situations, though, where it is completely legal to restrain someone. For example, if a store owner spots a patron shoplifting (or even suspects them of doing so), then they have the legal right to keep that person onsite until the authorities arrive. They can do so by locking the doors of the store, calling security, or stopping the shoplifter themselves if need be.

In a civil case of false imprisonment in Pennsylvania, the offender would have to pay fines to the victim, and sometimes will not receive any penalties other than that and court costs. Criminal cases of false imprisonment in most instances would be labeled as a second degree misdemeanor, and the offender could get up to a year in prison. A good criminal defense attorney would do all they can to keep the charges at this level, being that if they are increased to a felony conviction, the defendant could end up with up to 20 years in prison and $10,000 in fines.