If you have been charged with kidnapping or false imprisonment, immediately contact former prosecutor Justin Caldarone of The Caldarone Law Group today for a free consultation 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:
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- The person charged [forcibly] [secretly] [by threat] [confined] [abducted] [imprisoned] [restrained] the alleged victim against his or her will.
- The person charged had no lawful authority.
- 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
