False Imprisonment And Kidnapping: How Minor Domestic Incidents Are Turned Into Felonies
It's easier than you probably realize to end up with a felony domestic violence charge—something that may not seem like a big deal at the time may end up escalating what would have been a relatively minor misdemeanor charge for a simple assault into a felony conviction that costs you several years behind bars. This is what you should know about how kidnapping and false imprisonment charges can elevate a minor domestic issue into a major legal one.
How do false imprisonment and kidnapping charges come about in domestic violence cases?
False imprisonment occurs when someone's personal liberty is unlawfully violated. It's a fairly broad term that's applied to a lot of situations. Kidnapping is very similar to false imprisonment, although it usually requires the kidnapper to transport the victim from one place to another by force.
While you may think that nothing you did could possibly be considered either false imprisonment or kidnapping, consider several potential scenarios:
- You tell your boyfriend, "If you walk out that door, I'll kill you."
- You block the doorway from one room to another and insist that your girlfriend listens to what you have to say.
- Your husband starts to leave and you stand in his way and shove him back inside the house.
- Your wife wants to leave and you hide her keys and driver's license in an attempt to get her to stay.
All of these actions, done in the heat of the moment of a stressful situation or argument, interfere with another person's liberty. Similarly, you can end up crossing the line into kidnapping very easily:
- You force your girlfriend to go to a hotel with you, just intending to talk to her.
- You throw the car keys at your boyfriend and tell him to drive you somewhere. When he protests, you tell him that if he says anything else that you'll stab him.
- You're in a yelling match with your spouse while driving and you don't stay on the expected road, purposefully taking a detour that leaves your spouse lost and confused.
While some of these things may be foolish or thoughtless, the people who do them probably don't expect to be handed a felony sentence after a moment of poor judgment.
How can an attorney help with these charges in a domestic violence case?
It's important to remember that "domestic violence" isn't actually a charge. It's a term to describe violent or abusive behavior between people who know each other. The laws in many states use "domestic violence" as an enhancer—a special consideration that makes the same crime more serious simply because it was done between people that do know each other. Because of this, there's often a little flexibility in how the prosecutor decides to charge you. If your charges have been unreasonably enhanced because of something like stepping in front of someone as they tried to leave the building, your attorney may be able to convince the prosecutor to lower the charges again.
Your attorney may also be able to present the facts of your case early enough to the prosecutor to convince him or her that the incident was minor and unusual for you. He or she may be willing to reduce the charges in exchange for your agreement to attend counseling or anger management courses.
For more information on dealing with felony legal issues, talk to your criminal felony lawyer today.