Domestic Violence and False Imprisonment
False imprisonment charges are common in domestic violence. Its penalties are harsh and the worst case scenario, is that it could lead to an imprisonment of not more than 15 years, plus fines and payments for the damages.
Let us break down the facts.
- Unlawful violation of the personal liberty of another person - U.S. Citizens in general have the freedom to live and work where he wants, make his own decisions, go to any school, etc.. Unlawful violation of personal liberties are actions that can have a negative impact on the state of being free of a person.
- Consists in confinement or detention; - the legal definition of confinement includes moral or physical constraints. It can be done physically or through threats. This means that a person can be charged with domestic violence by threatening a person to not leave the house.
- and without sufficient legal authority - the legal authority mentioned here is the consent of the victim, the consent of the guardian, the consent of the parents, an act of imprisonment that is subject to Nevada's law, a court order that allows imprisonment of a person and so forth. Actions that do not have legal authority may constitute as false imprisonment.
Take note that there is no "time-frame "mentioned in the clause. False imprisonment can occur within second(s), hours, or days. Restricting a person to go out for a mere two seconds can get the person charged with false imprisonment.
- The person who is convicted of Domestic Violence by False Imprisonment is required to pay for all the damages incurred ( The amount would be stated by the judge). The person is also liable to gross misdemeanor charges, an imprisonment of not more than 1 year, or/and a fine of not more than $2,000.
- If committed with deadly weapons - the person would be charged with Category B Felony. Punishable by imprisonment of not less than 1 year but not more than 6 years.
- If the victim was used to avoid arrest, or used as a shield - the person would be charged with an Category B Felony but with greater penalty. Punishable by imprisonment of not less than 1 year but not more than 15 years.
Being charged with domestic violence is a serious offense and should be taken lightly. Hire a Las Vegas domestic violence attorney such as Ross C. Goodman to defend your case. His knowledge is backed-up by his 18 years in the field. He can provide you with the best legal representation in Las Vegas. Contact Goodman Law Group at (702) 383 - 5088.