Lexington False Imprisonment Defense Attorney
Kentucky Unlawful Imprisonment Crimes
In Kentucky, it is illegal to restrain another person without justifiable cause. Such restraint is referred to as unlawful imprisonment or “false imprisonment.” In this context, imprisonment happens when someone is deterred from moving from a location or bounded area by force, abuse of authority, coercion, or threatening/ intimidating. It is important to know that this crime can be charged even if the victim or claimant is not placed in anything that resembles a “prison.” A good example of this is a wrongful detention of a person by a storekeeper or an in-store security guard without reasonable belief that they’ve shoplifted. Another example of wrongful arrest by another civilian is kidnapping but mostly and commonly false imprisonment or false arrest happens at the hands of police.
Unlawful imprisonment is a Class A misdemeanor unless the imprisonment exposes the victim to the risk of serious physical injury, which would result in a heavier punishment and in the charge being elevated to a Class D felony.
False imprisonment is also punishable under tort law as well as criminal law. Under tort law, this is classified as an intentional tort. Torts are recognized as civil wrongs by the law, allowing injured parties to recover for their losses. Losing in a civil court lawsuit would typically mean paying damages to the victim. In regards to if the tort of false imprisonment can be committed by omission, in certain circumstances defendants can be liable but generally the answer is no.
In Kentucky, unlawful imprisonment is always illegal.
- Unlawful imprisonment in the Second Degree is a Class A misdemeanor.
- Unlawful imprisonment in the First Degree is a Class D felony.
Do Not Fight Your Unlawful Imprisonment Charge Alone
Our skilled criminal defense attorneys are always prepared to fight in your defense and to protect your rights and freedom. With three attorneys working on your case, we see to it that no stone is left unturned. Our criminal defense attorneys stay current on all of the latest court decisions that can help you have what it takes to beat your charges.
It is important that the prosecutors know that you have attorneys who won’t back down. Walk into the courtroom with attorneys with a proven track record of success, who will hold the government to its burden of proving each and every element of their case beyond a reasonable doubt.
Have you been charged with an unlawful imprisonment crime?
Our team of criminal defense attorneys are members of National Association of Criminal Defense Lawyers and have been recognized as Top 100 Criminal Defense Attorneys in America by The National Trial Lawyers and America’s Top 100 Criminal Defense Attorneys. Put our experience and track record of success to work for you against the government’s charges and protect your freedom!
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If you have been charged with unlawful imprisonment, you need a team of experienced criminal defense attorneys focused on achieving the absolute best outcome for your case. Call and speak with a Cooley Iuliano Robey, PLLC criminal lawyer at 859-636-6803.
What are the penalties for Unlawful Imprisonment in Kentucky?
Unlawful Imprisonment in the First Degree is a Class D felony in Kentucky and carries a sentence of 1 – 5 years in prison. It also carries a fine of up to $10,000.00.
Unlawful Imprisonment in the Second Degree is a Class A misdemeanor in Kentucky and carries a sentence of 0 days – 12 months. It also carries a fine of up to $500.00.
You need a team of experienced lawyers on your side!
Our criminal defense attorneys at Cooley Iuliano Robey, PLLC are members of the National Association of Criminal Defense Lawyers, the National Trial Lawyers, America’s Top 100 Criminal Defense Attorneys and have experience practicing criminal defense cases just like yours throughout all of Kentucky.
Our team of lawyers will put their experience and reputation for success to work for you against your unlawful imprisonment charges.
When it comes to unlawful imprisonment crimes, you need attorneys who will fight for and assert your constitutional rights. Often times, these charges are not warranted and are a result of guesswork or hearsay. Our team of lawyers will dedicate the time necessary to meet with you and to go through every detail of your case, as we lay the building blocks to your best defense!
Free Consultation & Case Review from our criminal defense lawyers.
CIR Legal’s criminal defense attorney services include offering a free consultation and case review to all potential clients. Our defense attorneys have fought and will always strive to fight for the rights of every person in the Commonwealth of Kentucky, and we are ready to fight for you. Call our office at 859-636-6803 or fill out our form on this website to schedule your free consultation.
Want to know more? We have included Kentucky unlawful imprisonment laws below!
(1) A person is guilty of unlawful imprisonment in the first degree when he knowingly and unlawfully restrains another person under circumstances which expose that person to a risk of serious physical injury.
(2) Unlawful imprisonment in the first degree is a Class D felony.
If you or someone you care about has been charged with a false imprisonment charge in Kentucky, contact our reputable criminal defense lawyers or false imprisonment lawyers as soon as possible by calling 859-636-6803.
(1) A person is guilty of unlawful imprisonment in the second degree when he knowingly and unlawfully restrains another person.
(2) Unlawful imprisonment in the second degree is a Class A misdemeanor.
If you or someone you care about has been charged with a false imprisonment charge in Kentucky, contact our reputable criminal defense lawyers or false imprisonment lawyers as soon as possible by calling 859-636-6803.
A person may not be convicted of unlawful imprisonment in the first degree, unlawful imprisonment in the second degree, or kidnapping when his criminal purpose is the commission of an offense defined outside this chapter and his interference with the victim’s liberty occurs immediately with and incidental to the commission of that offense, unless the interference exceeds that which is ordinarily incident to commission of the offense which is the objective of his criminal purpose. The exemption provided by this section is not applicable to a charge of kidnapping that arises from an interference with another’s liberty that occurs incidental to the commission of a criminal escape.
If you or someone you care about has been charged with a false imprisonment charge in Kentucky, contact our reputable criminal defense lawyers or false imprisonment lawyers as soon as possible by calling 859-636-6803.
In any prosecution for unlawful imprisonment or kidnapping it is a defense that the defendant was a relative of the victim and his sole purpose was to assume custody of the victim.
If you or someone you care about has been charged with a false imprisonment charge in Kentucky, contact our reputable criminal defense lawyers or false imprisonment lawyers as soon as possible by calling 859-636-6803.
Federal Unlawful Imprisonment Crimes
The federal government has its own laws regarding unlawful and false imprisonment offenses. Whether you are tried by the state of Kentucky or by the federal government depends on a number of factors, such as where your arrest happened, who arrested you, what evidence was found and what alleged crime was committed.
Most unlawful imprisonment offenses are handled by the Commonwealth, but if you are alleged to be unlawfully imprisonment someone on federal property, for political purposes and so on, you can be charged with a violation of federal law and tried in federal court.
There are two Federal Districts in Kentucky, the United States District Court for the Eastern District of Kentucky and the United States District Court for the Western District of Kentucky. Each District has a number of courthouses spread out throughout their geographical region of the state.
Federal crimes are serious and often carry heavier penalties in comparison to its state level counterparts. If federal charges have been filed against you, you need to call a trusted criminal defense attorney as soon as you can. Working with a seasoned criminal defense attorney who will defend and protect your rights against the government’s kidnapping charges is the first step to building your defense and protecting your freedom.
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