Wisconsin False Imprisonment Charge
If you intentionally confine or restrain someone without that individual’s consent and with the knowledge that you have no lawful authority to do so, you may be charged under Wisconsin Statute § 940.30 with false imprisonment. This is a felony offense in Wisconsin. A felony conviction can and will have very serious consequences. If you or a loved one have been charged with false imprisonment you need to speak with a criminal defense lawyer. A good criminal defense lawyer knows what the state needs to prove and how to defend against those elements. Anderson & O’Connell, S.C. has defended against false imprisonment charges and can defend you against these charges.
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What the State must prove to convict you of False Imprisonment in Wisconsin
The state must prove five separate elements beyond a reasonable doubt in order to convict you of false imprisonment. Those elements are as follows:
- That you confined or restrained another individual;
- You confined or restrained that individual intentionally;
- The individual was confined or restrained without his or her consent;
- You had no lawful authority to confine or restrain that individual; and
- you knew the individual did not consent and knew that you did not have lawful authority to confine or restrain the individual.
Being restrained or confined means that the individual’s freedom of movement was taken away and he or she was forced to remain where they did not want to remain. Physical force is not required, neither is being locked up. However, the individual is not considered confined or restrained if they could have escaped or taken reasonable action to avoid it.
Can I restrain someone from hurting my family or taking my property?
Yes, in certain situations you can. There are recognized defenses such as self defense and defense of property that may be available to you according to Wisconsin law. Additionally, if you are accused of False Imprisonment with your child as the alleged victim, you may have a defense. To a certain extent you have the authority to discipline your child. Wisconsin law recognizes this authority in parent child relationships.