Sarasota False Imprisonment Lawyer

I have spoken with people who were stunned to see “false imprisonment” on an arrest report. They remembered an argument in a kitchen, a conversation beside a car, or an attempt to keep someone from walking away mid-sentence. They did not think they had imprisoned anyone.

The name of the charge can be misleading. A person does not have to be locked in a room. Under Florida law, the issue is whether someone was forcibly, by threat, or secretly confined or restrained against their will and without lawful authority.

I am Ajay Pallegar. I defend criminal cases in Sarasota County, and I am a former prosecutor. When someone comes to me with this charge, I want to reconstruct the encounter before accepting the officer’s description of it. Where was the door? Where were both people standing? What did the person allegedly try to do? What stopped them? Those questions are more useful than a broad statement in a report that someone “was not allowed to leave.”

If you are facing a false imprisonment allegation, call my Sarasota office at 941-893-5816.

What does the State have to prove?

Florida Statutes § 787.02 defines false imprisonment as forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against that person’s will. The ordinary offense is a third-degree felony.

Consider an argument at a front door. One person says, “He stood in front of me and would not let me out.” The other says, “I stood there talking for a moment, and she walked past me.” I would want to see the doorway and any available video. I would ask whether there was physical contact, whether a threat was made, and what each person did next. The word “blocked” in an arrest report does not answer those questions.

The same analysis applies inside a car. If someone says they asked to get out and the driver refused, I want to know whether the car was moving, where it stopped, whether the doors were locked, what was said, and how the encounter ended. A precise timeline matters.

Does the person have to be tied up or locked inside?

No. The statute includes restraint by force or threat. That is why an allegation involving a doorway, car, or even a brief encounter can result in an arrest.

But the State still has to prove what actually happened. An argument does not become false imprisonment simply because one person wanted to leave and the other wanted to finish talking. If physical restraint is alleged, I look at the claimed contact and whether it prevented movement. If the allegation involves a threat, I look at the words used, the surrounding conduct, and the other person’s account of why they could not leave.

I also look at what happened immediately afterward. Did the person leave? When? Was anyone following them? Did they call someone or send a message? Those details can support or challenge the version recorded by police.

Why is false imprisonment sometimes charged with domestic battery?

An officer responding to a domestic dispute may hear that one person grabbed the other’s arm and stood in front of an exit. The officer may arrest for battery based on the alleged touching and add false imprisonment based on the claim that the person could not leave.

Those are separate accusations. I examine each one separately, including whether the evidence shows a restraint against the person’s will. I also compare the accounts given on the 911 call, to officers at the scene, and during any later interview. Sometimes the first report leaves out details that change how the encounter should be understood.

For example, a report may say someone was “held in the bedroom.” Video or messages may show that both people continued moving through the house. That would not settle every issue, but it is information I would want before advising a client about the strength of the charge.

What evidence would I look for?

I would start with the location. A photograph of a doorway or the inside of a vehicle can help answer questions that are difficult to resolve from written statements. I would then look for recordings and communications that establish the sequence of events:

• A 911 call made during or shortly after the encounter;
• Body camera footage showing the scene and the initial accounts;
• Doorbell, home, business, or parking lot video;
• Text messages or calls sent while the argument was happening;
• Photographs of any claimed injury or physical contact; and
• Witnesses who heard a threat, saw someone leave, or observed part of the encounter.

I would also want my client’s complete account, including facts that may be uncomfortable. If there was an argument, physical contact, or an angry message afterward, I need to know. Surprises found later in discovery make it harder to evaluate the case and respond effectively.

What if police have contacted me but I have not been charged?

Do not assume a detective’s request to “hear your side” is an informal conversation. If an allegation is still under investigation, what you say can become part of the evidence the prosecutor reviews.

Contact a lawyer before giving a statement. Preserve any messages, video, photographs, or location information that may matter. Do not delete communications or ask someone else to speak to the accuser for you. If there is a no-contact order, follow its exact terms.

An arrest also does not necessarily mean the prosecutor has filed a formal charge. When useful evidence can be obtained early, I can assess whether there is an appropriate opportunity to present it before a filing decision.

Speak with me about your Sarasota false imprisonment charge

I will not tell you that a charge will be dismissed after hearing only your side of the story. I will ask detailed questions, obtain the available evidence, and explain where the State’s case is strong or weak. If you were arrested for false imprisonment in Sarasota County, or a detective has contacted you about an allegation, call Pallegar Law at 941-893-5816. We can start with what happened, where it happened, and what evidence may still be available.