Kidnapping/False Imprisonment

If you have been charged with kidnapping or false imprisonment, reach out to me, former prosecutor Justin Caldarone of The Caldarone Law Group, P.A. In a free consultation with me, you can learn about how to protect your liberty and good name.

Kidnapping

To prove the crime of Kidnapping, the State Attorney must prove the following three elements beyond a reasonable doubt:

    1. The person charged [forcibly] [secretly] [by threat] [confined] [abducted] [imprisoned] [restrained] the alleged victim against his or her will.
    2. The person charged had no lawful authority.
    • 3. The person charged [forcibly] [secretly] [by threat] [confined] [abducted] [imprisoned] the alleged victim against his or her will.
    • The person charged had no lawful authority.
    • The person charged acted with intent to [hold for ransom or reward or as a shield or hostage] commit or facilitate commission of a felony] [inflict bodily harm upon or to terrorize the victim or another person] [interfere with the performance of any governmental or political function.

In order to be charged with kidnapping, the [confinement] [abduction] [imprisonment] must not be slight, inconsequential, or merely incidental to the felony; must not be of the kind inherent in the nature of the felony; and must have some significance independent of the felony in that it makes the felony substantially easier of commission or substantially lessens the risk of detection.

Fla. Stat. § 787.01

False Imprisonment

To prove the crime of False Imprisonment, the State Attorney must prove the following two elements beyond a reasonable doubt:

Fla. Stat. § 787.02