Forcible confinement is punished harshly by the law, which is why understanding its definition and implications is essential. This guide offers the basic aspects you need to know.
What Is Forcible Confinement?
Forcible confinement consists of intentionally seizing a person and imprisoning them without their consent for a specific period of time and without legal authority.
This concept is one of the most important ones in law, and it’s particularly essential in cases with romantic relationships and commercial robberies, where people can be held against their will by the robbers while they carry out their crimes.
What Must the Prosecutor Prove?
Although forcible confinement sounds like a very straightforward concept, the prosecutor must prove different things to convict the person responsible for it.
The first thing the prosecutor has to prove is that the accused intended to confine the victim. If this is not possible, then the complainant (the alleged victim) might not win the case.
Since the complainant is trying to prove forcible confinement, they have to show evidence sustaining that the accused applied force to confine them against their will.
The complainant must have been imprisoned somewhere, although that doesn’t necessarily mean that they couldn’t escape. Additionally, psychological imprisonment is also considered valid.
After proving imprisonment, force, and intention, the complainant has to prove that they were confined for a significant period of time (more than a few moments).
Lack of Consent
The complainant must prove that they did not agree to be imprisoned and that the accused knew of it, or suspected risk of the complainant not agreeing.
Lack of Legal Authority
Clearly, for the complainant to win the case, they must prove that the accused did not have lawful authority to confine them.
Difference Between Forcible Confinement, Legal Confinement, and Kidnapping
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Forcible confinement involves someone imprisoning someone else against their will. They don’t necessarily have to confine them in a specific place (it can be psychological), but it does need to occur for a significant period of time, and without the complainant’s consent.
Some people can legally confine others, for example, on-duty officers, if they arrest someone for allegedly committing a crime.
Kidnapping, on the other hand, occurs when someone forcibly takes someone, but they also move them from one place to a different one.
What Are Some Defenses to Forcible Confinement?
Certain defenses can justify confinement and keeping them in mind might help the accused prove that they shouldn’t be convicted. Here are some examples:
- The accused can prove that the complainant consented to be confined
- It’s proven that the accused did not mean to confine the complainant
- The prosecutor cannot prove that the complainant didn’t consent
- It was an act of self-defense, defense of property, or defense of another
Get Legal Help Now
If you have been forcibly confined or if you’re accused of confining someone else, you need to get legal help as soon as you can. Fortunately, lawyers at FMK Law Group are experts ready to help you and passionately defend your case.