False Imprisonment Charge in Wisconsin
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False Imprisonment Charges in Wisconsin: Understanding the Law & Your Defense Options
Under Wisconsin Statute § 940.30, false imprisonment occurs when someone intentionally confines or restrains another person without their consent and without lawful authority. This charge is classified as a felony, meaning a conviction carries serious legal and personal consequences, including prison time, fines, and a permanent criminal record.
False Imprisonment Lawyer in Madison, WI
If you or a loved one is facing false imprisonment charges, it is critical to seek experienced legal representation. At DK Anderson, S.C., we have a proven track record of defending clients against felony charges, including false imprisonment. We understand how the prosecution builds these cases—and more importantly, how to fight them.
What Must the State Prove to Convict You of False Imprisonment?
For a conviction, the prosecution must prove five key elements beyond a reasonable doubt:
- You confined or restrained another person.
- You did so intentionally.
- The person did not consent to being confined or restrained.
- You had no legal authority to confine or restrain them.
- You knew the person did not consent and knew you lacked lawful authority.
What does “confined or restrained” mean?
- The person’s freedom of movement was taken away, forcing them to stay where they did not want to remain.
- Physical force is not required—a person does not need to be locked in a room or tied up.
- However, if the person had a reasonable way to escape or avoid restraint, it may not qualify as false imprisonment.
Defenses to False Imprisonment Charges in Wisconsin
Not every act of restraint is unlawful. There are several recognized defenses under Wisconsin law, including:
- Self-Defense & Defense of Others – If you restrained someone to prevent them from causing harm to you or someone else, you may have a valid defense.
- Defense of Property – If a person was attempting to steal your property or commit a crime, you may be justified in restraining them in certain circumstances.
- Parental Discipline – Parents have the legal right to reasonably discipline their children. If you are accused of false imprisonment involving your child, Wisconsin law may provide a defense.
At DK Anderson, S.C., we analyze the facts of your case, witness statements, and police reports to build a defense that challenges the prosecution’s claims.
The Consequences of a False Imprisonment Conviction
Because false imprisonment is a felony, a conviction can have life-changing consequences, including:
- Prison Time – Up to 6 years – Felony convictions often carry significant incarceration periods.
- Fines & Court Costs – Up to $10,000.00 – The financial burden of a felony conviction can be severe.
- Criminal Record – A felony on your record can impact employment, housing, and firearm rights.
- Restraining Orders – Courts may impose no-contact orders that restrict your ability to see certain individuals.
Why Choose DK Anderson, S.C. for Your False Imprisonment Defense?
- 10+ Years of Courtroom Experience – We have defended clients in state and felony courts across Wisconsin.
- Aggressive & Strategic Defense – We challenge weak evidence, negotiate reduced charges, and fight for dismissals whenever possible.
- Personalized Representation – We understand that every case is unique and tailor our defense strategy to your specific situation.
Additional Resources
Take Action Now – Free Consultation
If you are facing false imprisonment charges in Wisconsin, you need a strong legal defense as soon as possible. Contact DK Anderson, S.C. today for a confidential consultation and protect your rights.
📞 Call (608) 204-5807 to discuss your legal options.
Frequently Asked Questions - False Imprisonment Charges
Yes, false imprisonment is charged as a Class H felony under Wisconsin law. However, certain circumstances, such as using a dangerous weapon or committing the offense alongside another crime (like battery or domestic violence), could lead to enhanced penalties. A skilled defense attorney can evaluate whether a charge reduction is possible.
While both involve restricting a person’s freedom, kidnapping typically requires an intent to move the victim or hold them for ransom, hostage, or another specific purpose. False imprisonment, on the other hand, focuses solely on unlawfully restraining or confining someone against their will. Kidnapping carries harsher penalties under Wisconsin law.
Yes, false imprisonment charges frequently arise in domestic violence cases. If an argument leads to one person preventing the other from leaving—by blocking a door, using physical restraint, or threats—police may file charges. Even if the alleged victim does not want to press charges, prosecutors can still pursue the case.
Several defenses may apply, depending on the case:
- Consent – If the alleged victim willingly stayed in the situation, it may not be false imprisonment.
- Self-Defense – Restraining someone to protect yourself or others could be justified.
- Parental or Legal Authority – Parents, guardians, and legal caretakers may have the right to restrict a child’s movement within reason.
- Lack of Intent – The prosecution must prove that the confinement was intentional and unlawful.
False imprisonment is a serious felony in Wisconsin that can lead to prison time and a permanent criminal record. If you are charged, avoid discussing your case with police or the alleged victim and contact an experienced criminal defense attorney immediately. A lawyer can review the details, identify possible defenses, and fight to reduce or dismiss the charges.
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