False Imprisonment in Las Vegas
While rare, false imprisonment is a serious offense. The Nevada Revised Statutes clearly state the definition of this crime:
NRS 200.460 Definition; penalties.
1. False imprisonment is an unlawful violation of the personal liberty of another and consists of confinement or detention without sufficient legal authority.
If you find yourself in this unusual predicament, a person convicted of false imprisonment will pay all damages sustained by the imprisoned person and will be guilty of a gross misdemeanor.
Unless a greater penalty is provided, if false imprisonment is committed by a prisoner in a penal institution without a deadly weapon or by any other person with a deadly weapon, such a person will be convicted and found guilty of a category B felony and will be punished by imprisonment in the state prison for not less than 1 year and no more than 6 years.
If the person has falsely imprisoned someone to use as a shield or to avoid arrest, unless a greater penalty is provided, the penalty will be a category B felony, punishable by imprisonment in the state prison for a minimum term of note less than 1 year and no more than 15 years.
If false imprisonment is committed by a prisoner placed in lawful custody or confinement of the state with the use of a deadly weapon, the person convicted is guilty of a category B felony and will be sentenced to imprisonment within a state prison for a minimum of not less than 1 year and a maximum of no more than 20 years.
If you or anyone you know falls into this unusual category of law, you will need the best legal advice on your side. you need a Criminal defense lawyer in Las Vegas NV.
Douglas Crawford Law has more than 30 years of experience in this type of law and can give you the representation you will need.
Hire me. I can be reached at (702) 383-0090.
Click if you want to learn about the Penalties for Property Crimes and hire a Property Crime Attorney in Las Vegas.
What are the damages for false imprisonment?
In a false imprisonment case, the jury must decide on compensatory damages based on physical suffering, mental suffering, humiliation, loss of time and business interruption, as well as reasonable and necessary expenses incurred. In addition to these factors, the jury may consider injury to reputation.
Who is liable for false imprisonment?
In general, the tort of false imprisonment requires purposefulness. Unless his or her conduct is done with the aim of confining someone or with knowledge that such confinement to a reasonable degree of probability will result from it, a person is not responsible for false imprisonment. Malice has no bearing on this claim.
How do you defend against false imprisonment?
Consent is the most frequent defense for unlawful imprisonment, which is precisely what it implies: the alleged victim gave expressed or implied consent to restrict his or her movement. Self-defense is another popular legal argument in California’s PC 236.
How does false imprisonment differ from kidnapping?
After the race, it involves restraining someone against their will, similar to a kidnapping. However, if moving someone without their consent is considered kidnapping, then false imprisonment is the term for keeping someone in one location without their permission.
What type of crime is false imprisonment?
False imprisonment is the act of limiting a person’s movement. It can be punished under both criminal and civil law. It is considered an intentional tort under tort law. When a person restrains another individual by restricting his or her movements in a confined location, he or she commits false imprisonment.
What's the difference between assault and false imprisonment?
As a result, unless the speaker’s intent to follow through with the threat is indicated by actions or circumstances, merely stating threatening words does not constitute an assault. False imprisonment occurs when another person is intentionally kept for an extended time (a few minutes are enough) without his consent.
Is self defense a defense to false imprisonment?
Self-defense. When people reasonably believe they are going to be subjected to immediate or significant bodily harm, they have the right to use proportional force in self-defense and protection of others. This implies that a person’s self-defense is a valid legal excuse for charges alleging threats to one’s personal safety.
Is false imprisonment battery?
When a person uses force against another without their consent, it is considered battery. When someone is unlawfully detained, he or she is being held captive. The imprisonment must be non-consensual and done intentionally by the offender.
Can a child be falsely imprisoned?
The crime of false imprisonment of a minor is taken very seriously. This is due to the risk of additional problems such as abduction or parental abduction. The elements of proof for the crime of false imprisonment of a minor are comparable to those demanded in other instances of fraudulence confinement.
Is it legal to hold someone against their will?
When someone confines or holds another individual against his or her will and without a lawful basis, he or she is committing the crime of false imprisonment. The act does not have to be carried out violently or through force.