Kidnapping and false imprisonment charges could apply to any act where someone deprives an alleged victim of their freedom of movement against their will. A conviction for these charges could land you in prison for life. Having an experienced false imprisonment attorney by your side while battling these charges could help you avoid a decades-long prison sentence.
Contact Metcalf Falls, Criminal Defense Attorneys, to learn how we can help you defend against kidnapping and false imprisonment charges.
Immediate Steps If You Are Arrested or Under Investigation
If you or a loved one has been arrested or is being investigated for kidnapping or false imprisonment in Tampa, take these steps immediately:
- Invoke your right to counsel. Tell the officer: “I want to speak with my attorney before answering any questions.” Do not provide a statement, even if officers say it will “help your case.”
- Do not consent to searches. You have the right to refuse consent to search your home, vehicle, or electronic devices. If officers have a warrant, comply—but do not volunteer access to anything not covered by the warrant.
- Preserve evidence immediately. Save text messages, call logs, GPS or location data, and any surveillance footage that could establish your whereabouts. Write down the names and contact information of any witnesses who can confirm your version of events.
- Document any injuries. If force was used during the arrest or if you have injuries relevant to a self-defense or justification argument, photograph them immediately.
- Do not contact the alleged victim. Any contact—even through a third party—can result in additional charges or a no-contact order violation.
- Contact Metcalf Falls immediately. Call (813) 694-5778. We are available 24/7 and can attend your first appearance, argue for bond, and begin investigating your case from day one.
Florida Kidnapping Laws
Florida’s kidnapping law is found in Florida Statutes § 787.01. Under this law, kidnapping happens when one person confines another person forcibly, secretly, or by threat. They do this against the other person’s will and without lawful authority.
To prove kidnapping, prosecutors must also prove you had one of the following four purposes:
- To hold the victim for ransom or use them as a shield or hostage
- To commit or facilitate a felony
- To inflict bodily harm upon them or terrorize them or another person
- To interfere with the performance of a governmental function
Finally, parental kidnapping can fall under the Florida statute if the child is under 13 and you lack both lawful authority and the other parent’s consent. For example, a parent could kidnap their child if they keep them beyond their scheduled visitation time to extort money from the other parent.
What Is a False Imprisonment Charge?
False imprisonment is a broader but less serious related offense. Under Florida Statutes § 787.02, someone commits false imprisonment by confining someone forcibly, secretly, or by threat against their will and without lawful authority.
The difference between false imprisonment and kidnapping is that false imprisonment does not require prosecutors to prove one of the four purposes. In other words, false imprisonment is kidnapping without the four elements of intent.
Offenses Related to Kidnapping
Many crimes involve detention. For example, robbery, rape, and even some forms of domestic violence inherently involve restraint of the victim’s movement.
Under Florida’s Faison Rule, prosecutors can only charge you with kidnapping or false imprisonment when the detention is not inherent in the other crime. They must also show the detention had some significance independent of the other crime. For advice on this, you need a wrongful imprisonment lawyer.
Penalties for Kidnapping in Florida
Kidnapping, like many violent crimes, is a first-degree felony in Florida. The sentence includes a term of imprisonment up to life in prison. The sentence gets enhanced to life in prison when the kidnapping victim is a child under 13 and the kidnapper commits any of the following crimes against the child:
- Aggravated child abuse
- Sexual battery
- Lewd or lascivious battery, molestation, conduct, or exhibition
- Prostitution
- Exploitation or allowing the exploitation of a minor
- Human trafficking
To prove these underlying crimes, prosecutors must meet the elements given in the corresponding statute.
False Imprisonment Penalties
False imprisonment is a third-degree felony. It carries a sentence of up to five years in prison. If you are wondering is false imprisonment a felony, the answer is yes. The court can enhance the charge to a first-degree felony with a sentence of up to life in prison when the prosecutors prove the victim was a child under 13 and the kidnapper committed any of the underlying crimes listed above.
What Happens After a Kidnapping Arrest in Hillsborough County
Understanding the criminal process helps you make informed decisions at every stage. Here is what to expect after an arrest for kidnapping or false imprisonment in Tampa:
Arrest and Booking
After arrest, you are transported to the Hillsborough County jail (Orient Road or Falkenburg Road facility) for booking. Kidnapping is a first-degree felony, so the intake process is typically more thorough than for lesser charges. You will be photographed, fingerprinted, and processed.
First Appearance and Bond Hearing
You will appear before a Hillsborough County judge within 24 hours. Because kidnapping is a first-degree felony carrying up to life in prison, bond amounts are typically high and the judge will carefully consider flight risk, danger to the community, and the severity of the allegations. Our attorneys attend first appearances in court to argue for the lowest possible bond and favorable release conditions. Understanding the bail bond system in Florida is essential for families trying to secure a loved one’s release.
Arraignment and Pretrial
At arraignment, the charges are formally read and you enter a plea. During the pretrial phase, your attorney obtains all discovery—police reports, witness statements, phone records, surveillance footage, forensic evidence—and files motions to suppress illegally obtained evidence or dismiss the charges. This is often the most critical phase of a kidnapping case, as the Faison Rule and other legal arguments may eliminate the kidnapping charge entirely. Many cases are resolved through pretrial intervention programs or negotiated plea agreements to lesser charges.
Trial and Sentencing
If no favorable resolution is reached, your case proceeds to jury trial at the Hillsborough County Courthouse. The prosecution must prove every element of kidnapping—including the specific purpose (ransom, felony, bodily harm, or governmental interference)—beyond a reasonable doubt. Learn about Florida sentencing guidelines.
Defense Strategies for Kidnapping and False Imprisonment Charges
Kidnapping cases are highly fact-specific, and the right defense depends on the circumstances of your case. Here are the strategies our Tampa criminal defense attorneys most commonly use:
The Faison Rule: Challenging the Kidnapping Charge Itself
Under Florida’s Faison Rule, prosecutors cannot charge you with kidnapping or false imprisonment when the detention was inherent in another crime. For example, if you are charged with robbery and the alleged victim was briefly restrained during the robbery, the kidnapping charge may be improper because the restraint was incidental to the robbery itself. We file Motions to Dismiss under the Faison Rule when the state has “stacked” a kidnapping charge on top of another offense without showing the detention had independent significance. This defense can eliminate the kidnapping charge entirely—removing the possibility of a life sentence.
Challenging Unproven Elements
Both kidnapping and false imprisonment require proof that you confined or restrained someone forcibly, secretly, or by threat, against their will, and without lawful authority. If the prosecution cannot prove any one of these elements beyond a reasonable doubt, the jury must acquit. We scrutinize every piece of evidence to identify gaps—for example, if the alleged victim voluntarily accompanied you, or if there is no evidence of force or threat.
Consent and Lack of Force
If the alleged victim voluntarily traveled with you or agreed to stay at a location, the prosecution cannot prove the restraint was against their will. We gather witness testimony, text messages, phone records, and surveillance footage showing the alleged victim’s voluntary actions. This defense is common in parental disputes and relationship conflicts where one party later characterizes voluntary conduct as kidnapping.
Suppression of Illegally Obtained Evidence
If law enforcement obtained evidence through an illegal search, warrantless arrest, or Miranda violation, we file motions to suppress that evidence under the Fourth and Fifth Amendments. Without the suppressed evidence, the prosecution may be unable to prove its case. Learn about how the Fourth Amendment protects your criminal case.
Mistaken Identity and Alibi
In cases involving strangers or chaotic situations, witness misidentification is a real risk. We investigate alibi evidence—phone location data, surveillance footage, financial transaction records, and witness testimony—to establish that you were not present at the time and place of the alleged offense.
Justification for Restraint
In some situations, temporary restraint may be legally justified. For example, if you took someone’s car keys because they were severely intoxicated and about to drive, that restraint served a protective purpose. We present evidence showing the restraint was reasonable and justified under the circumstances.
Facing Kidnapping Charges? Call Now.
Kidnapping is a first-degree felony carrying up to life in prison. Every hour matters. Call 813-258-4800 now for a free, confidential consultation with a former prosecutor who handles serious felony cases in Hillsborough County. Available 24/7.
Frequently Asked Questions About Kidnapping Charges in Tampa
What is the Faison Rule in Florida kidnapping cases?
The Faison Rule prevents prosecutors from stacking a kidnapping charge on top of another felony when the detention was inherent in the other crime. For example, brief restraint during a robbery does not constitute a separate kidnapping offense unless the detention had independent significance beyond the robbery itself. A skilled defense attorney can file a Motion to Dismiss under the Faison Rule to eliminate the kidnapping charge.
What is the difference between kidnapping and false imprisonment in Florida?
Kidnapping requires proof that the detention was for a specific purpose: ransom, committing a felony, inflicting bodily harm, or interfering with a government function. False imprisonment requires only proof of detention against the victim’s will without lawful authority—no specific purpose is needed. Kidnapping is a first-degree felony (up to life in prison), while false imprisonment is a third-degree felony (up to 5 years).
Can kidnapping charges be dropped in Tampa?
Yes. Charges can be dropped if the evidence is insufficient, if the Faison Rule applies, if key evidence is suppressed due to constitutional violations, or if the alleged victim’s testimony is inconsistent or unreliable. An experienced Tampa violent crime defense attorney can evaluate the evidence and pursue dismissal. Learn about defense motions that can get your case dismissed.
Is kidnapping a felony in Florida?
Yes. Kidnapping is a first-degree felony punishable by up to life in prison under Florida Statute §787.01. If the victim is a child under 13 and certain additional offenses are committed, the sentence is enhanced to mandatory life imprisonment. False imprisonment is a third-degree felony with up to 5 years in prison.
What should I do if I am accused of kidnapping in Tampa?
Invoke your right to remain silent immediately. Do not speak to police without an attorney present. Do not contact the alleged victim. Preserve all evidence (texts, call logs, GPS data, surveillance footage). Contact a Tampa kidnapping defense lawyer at 813-258-4800 as soon as possible—the earlier we are involved, the stronger your defense.
Contact a Tampa Kidnapping Defense Attorney Today
A conviction for kidnapping or false imprisonment in Florida could result in decades in prison or even a life sentence. Attorney Brett Metcalf is a former Hillsborough County prosecutor who has handled thousands of serious felony cases. He knows how prosecutors build kidnapping cases—and he knows how to dismantle them.
Call 813-258-4800 now or contact us online to schedule your free, confidential consultation. We are available 24 hours a day, 7 days a week.
