False Imprisonment Is a Serious Crime in Wisconsin
False Imprisonment – Know what to do if you’ve been charged
False imprisonment is a felony in Wisconsin, and the charge covers more than you might realize. It is far from a narrowly defined crime and does not resemble the jail-type scenario that many think of when they hear the term. Instead, it refers to confining or restraining someone against their will when the person doing the restraining knows that they don’t have the right to do so.
The law in Wisconsin gives courts a lot of leeway in determining whether a charge of false imprisonment might apply.
When Does False Imprisonment Apply?
False imprisonment is the restraint or confinement of a person against their will by someone who knows they do not have the right to restrain or confine that person. While a case where someone trapped another person in a room might qualify as false imprisonment, additional scenarios may qualify as well. For example, if you prevent a girl- or boyfriend from leaving your apartment or house by blocking or standing in front of the door, even for a short period of time, that could be false imprisonment.
Reasonable Means of Escape
Wisconsin statute § 940.30 (2014) covers false imprisonment. Previous court rulings have noted that someone only has to use whatever means of escape is reasonable in a situation involving false imprisonment. The person does not have to perform dangerous feats or go to great lengths to escape in ways that would cause bodily harm. What that really means is that someone does not have to jump out a window for a situation to be called false imprisonment — it’s not the type of escape that defines the charge.
Because the charge of false imprisonment can be applied as a result of so many different factors, you need to speak with a lawyer immediately if you’ve been charged with falsely imprisoning someone. Contact Eisenberg Law Offices immediately.