Have you been charged with False Imprisonment?
Then you will require the services of a law firm that specialises in criminal law. As a common law offence, False Imprisonment is not contained in the legislation. It is nonetheless a very serious offence – the maximum penalty is 10 years in prison.
Before deciding on whether to plead guilty or not guilty, some questions need to be carefully considered with your lawyer. Does the prosecution have a case? Did you restrain someone against their will? Did you have any valid reason for doing this? Did you act alone?
Read on for further information in relation to False Imprisonment.
The prosecution must prove:
The defendant acted intentionally or recklessly;
The defendant acted without lawful excuse; and
The defendant restrained the alleged victim against his or her will.
The maximum penalty
Level 5 imprisonment being a maximum of 10 years.
Where will my case be heard?
False Imprisonment cases will now often be heard in the Magistrates’ Court of Victoria or the County Court depending upon the seriousness of the alleged offending. Previously this charge could only be heard in the superior Courts.
Questions to consider
Do you have a defence?
If you are pleading guilty, what can you do to minimise your sentence?
What to do next?
See an experienced criminal lawyer urgently.
Ensure that you don’t leave your preparation to the last minute, as adequate time to prepare is critical in relation to any criminal matter.
If you have been charged with False Imprisonment, we can help. Arrange to see one of our experienced lawyers today.