False imprisonment is a very complex charge that involves the basic principle of keeping an individual confined against their will without having the requisite authority to do so. A pertinent example of this sort of offense can be seen if there is a bank robber that screams at customers and indicates that they will shoot them unless they get on the floor with their hands up. These customers are being held against their will because if they leave, they fear that they may be shot. Any of these customers could potentially claim damages due to the bank robber being charged with a false imprisonment charge.
When trying to prove a false imprisonment claim, it is essential to show that there was the intent to falsely imprison the individual or individuals, the detention had to have no consent, and the detention had to be unlawful. Another important fact to note regarding false imprisonment claims is that a threat of physical force is not required even though it is included in many instances of false imprisonment.
Possible Defenses to False Imprisonment Claims
There are many potential defenses to false imprisonment claims that should absolutely be explored if one is being accused of false imprisonment. Some examples of defenses to false imprisonment include: voluntary consent, police privilege, shopkeeper’s privilege, and citizen’s arrest. Voluntary consent occurs when it can be shown that a person consented and agreed to the false imprisonment. Should this be shown, the person is later on not able to claim false imprisonment. Police privilege occurs when police arrest an individual that they have probable cause to believe that the individual has committed a crime. Shopkeeper’s privilege relates to the right of shopkeepers in certain states to detain individuals for a brief period of time who they have a reasonable suspicion have stolen merchandise. Lastly, a citizen’s arrest transpires when a person who is not a law enforcement officer calls for the arrest of an individual by calling for a peace officer when a crime is committed in their presence. Given the plethora of defenses available relating to false imprisonment, it is imperative to retain counsel to represent you if you were previously a victim of false imprisonment by another or are being charged with false imprisonment.
How Hiring A Lawyer Can Be Helpful to Your Case
The moment that you learn that you will be involved in any sort of false imprisonment case, it is imperative to seek legal counsel. Additionally, if you own a large company of retail stores and one of your employees is being accused of false imprisonment, you can be liable as well through respondeat superior, which makes company owners liable for their employee’s actions within the scope of their employment. Thus, it is wise to contact our law firm to schedule a consultation appointment to discuss the specific details of your case. By doing this, you will be able to get a sense of whether you would like to retain our law firm for your upcoming case and one of our highly qualified attorneys can assess whether your upcoming case in an ideal fit for our firm’s current caseload. By meeting with one of our attorneys, you are taking an important step that has the potential to greatly change the outcome of your case. Thus, do not hesitate to reach out to us today. We would be elated to assist you with your upcoming case related to false imprisonment. By choosing our highly qualified attorneys, you can be sure that your case is in reliable hands.