False Imprisonment and Domestic Violence

In some situations where there is an allegation of Battery Domestic Violence, the matter also includes facts which lead to a charge of false imprisonment.  False imprisonment is a more serious crime than misdemeanor Domestic Violence.
Pursuant to NRS 200.460, false imprisonment is defined as follows:
1. False imprisonment is an unlawful violation of the personal liberty of another, and consists in confinement or detention without sufficient legal authority.
2. A person convicted of false imprisonment shall pay all damages sustained by the person so imprisoned, and, except as otherwise provided in this section, is guilty of a gross misdemeanor.
3. Unless a greater penalty is provided pursuant to subsection 4, if the false imprisonment is committed:
   (a) By a prisoner in a penal institution without a deadly weapon; or
   (b) By any other person with the use of a deadly weapon,
the person convicted of such a false imprisonment is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.
4. Unless a greater penalty is provided pursuant to subsection 5, if the false imprisonment is committed by using the person so imprisoned as a shield or to avoid arrest, the person convicted of such a false imprisonment is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 15 years.
5. If the false imprisonment is committed by a prisoner who is in lawful custody or confinement with the use of a deadly weapon, the person convicted of such a false imprisonment is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.

This crime mostly appears in situations of Domestic Violence when one person will not allow another person leave a residence.  Many times both people reside in the home in question.  There are defenses to this crime, and an experienced attorney will take the time to flesh them out fully through potentially lengthy discussions and legal research.
If you have been charged with False Imprisonment, Assault, Assault with a Deadly Weapon, Battery, Battery Domestic Violence, or any other related crime; or if a TPO has been issued against you, please visit georgeforjustice.com.