False imprisonment is a serious criminal charge in Louisiana, and when it occurs in domestic violence cases, the consequences can be even more severe. A simple misunderstanding, a moment of heightened emotions, or an argument can quickly escalate into criminal charges that can impact your freedom, reputation, and future.
At Crescent City Law, John Radziewicz and our team have years of experience defending individuals accused of false imprisonment and domestic violence-related offenses. We have successfully represented countless clients in Louisiana, helping them navigate the complexities of the legal system and achieve favorable outcomes.
Our firm understands that not every accusation is justified, and we work tirelessly to challenge weak evidence, expose false claims, and build a strong defense to protect your rights and future.
What Is False Imprisonment in Louisiana?
Under Louisiana Revised Statute § 14:46, false imprisonment is defined as the intentional confinement or detention of another person without their consent and without legal authority. This means that if someone prevents another person from leaving, whether by force, threats, or physical restraint, they could face criminal charges.
False imprisonment charges often arise in domestic violence cases, where one partner is accused of blocking a door, restraining movement, or preventing the other from leaving a situation. In many cases, police officers responding to domestic disputes make arrests quickly, sometimes without fully understanding the context of the situation.
How False Imprisonment Charges Happen in Domestic Violence Cases
False imprisonment accusations often occur in high-stress domestic situations where emotions run high. Some common examples include:
- Blocking a doorway or physically preventing someone from leaving during an argument
- Grabbing a partner’s wrist or arm in an attempt to de-escalate a situation
- Locking someone in a room or vehicle during a dispute
- Accidental restraint or misunderstanding, where one person feels confined but was not physically restrained
In heated arguments, what may seem like an attempt to defuse a situation can be misinterpreted as false imprisonment. Once the police are involved, an arrest can happen quickly, even if the accuser later changes their story.
Degrees of False Imprisonment in Louisiana
In Louisiana, there are two known degrees of false imprisonment, each carrying different legal consequences based on the circumstances of the case. Understanding the distinctions between these charges is crucial for anyone facing accusations.
1. Misdemeanor False Imprisonment (La. R.S. § 14:46)
A misdemeanor offense where someone intentionally restricts another person’s movement without consent but without violence, force, or weapons.
2. Second-Degree False Imprisonment (La. R.S. § 14:46.1)
A felony offense that involves force, violence, or the use of a weapon to detain another person. This carries harsher penalties, including significant prison time.
At Crescent City Law, we work closely with clients to understand the full story behind the charges and ensure that one mistake or misunderstanding does not ruin their future.
Consequences of a False Imprisonment Conviction
The penalties for false imprisonment vary based on the circumstances of the case:
1. Misdemeanor False Imprisonment
- Up to six months in jail
- Fines up to $1,000
- Probation or mandatory counseling
2. Second-Degree False Imprisonment (Felony)
- Up to five years in prison
- Higher fines and court-ordered penalties
- A permanent criminal record
- Loss of Gun Rights
In domestic violence cases, a conviction can also result in:
- Protective orders or restraining orders
- Loss of child custody or visitation rights
- Difficulty finding employment or housing
It’s important to remember that an accusation does not mean a conviction. Our domestic violence defense advocates at Crescent City Law have extensive experience defending clients against misdemeanor and felony false imprisonment charges.
What to Expect If You’re Arrested for False Imprisonment
If you are arrested for false imprisonment, you may feel overwhelmed and unsure of what happens next. Here’s a general overview of what to expect:
- Initial Arrest & Booking – After an arrest, you may be taken to jail for booking. The police will take your fingerprints and process your information.
- Bail & Release Options – Depending on the severity of the charge, you may be released on bail or required to stay in custody until a court hearing.
- Court Hearings – You will be formally charged in court, where you’ll have the chance to plead guilty or not guilty. Having an attorney present is crucial at this stage.
- Legal Defense & Case Preparation – If your case moves forward, we will gather evidence, review witness statements, and challenge the prosecution’s case.
The sooner you have a lawyer, the better your chances of protecting your rights and securing the best possible outcome.
How Can a Domestic Violence Lawyer Help?
False imprisonment charges in domestic violence cases can have life-changing consequences, and having an experienced defense lawyer can make all the difference. At Crescent City Law, we are committed to guiding our clients and fighting for their rights to ensure they receive fair treatment under the law.
- Aggressive Legal Representation: We challenge weak evidence, cross-examine witnesses, and build strong defense strategies to fight the charges against you.
- Experience in Domestic Violence Defense: We have extensive experience handling domestic violence-related charges, and we understand the complex nature of these cases.
- Personalized Defense Strategies: Every case is different. We take the time to listen to your side of the story, tailor our defense approach, and fight for the best possible outcome.
- Minimizing the Impact on Your Life: We know that a criminal charge can disrupt your life. We work to reduce penalties, negotiate dismissals, and protect your record whenever possible.
Contact Our Compassionate Criminal Defense Attorney at Crescent City Law Today
A false imprisonment charge does not mean you are guilty, but failing to act quickly can harm your chances of a strong defense. The sooner you seek legal representation, the better your options for challenging the charges and protecting your future.
Crescent City Law is here to fight for you. If you’ve been accused of false imprisonment in a domestic violence case, you need strong legal representation now.
Contact us at 504-264-9492 to schedule your initial consultation. Your future is too important to leave to chance
