If you get arrested and charged with unlawful imprisonment in Arizona, you could be facing criminal consequences that include up to two years in state prison. In this scenario, it is critical to hire an experienced criminal defense lawyer to help you navigate the criminal justice system. A lawyer will protect you as much as possible from the penalties associated with an unlawful imprisonment conviction.
What Is Arizona’s Unlawful Imprisonment Law?
Arizona Revised Statute (ARS) § 13-1303 states that “a person commits unlawful imprisonment by knowingly restraining another person.” Examples include tying someone up, locking someone in a room or forcing someone to stay in a locked car.
To restrain someone means restricting that person’s movements in a manner that substantially affects his or her freedom. Unlawful or false imprisonment is a crime in Arizona if the defendant knowingly restrained another person without that person’s consent or the legal authority to do so.
What Are the Penalties for a Conviction Under ARS § 13-1303?
Committing a violation of ARS § 13-1303 is a Class 6 felony. If the defendant voluntarily released the restrained person without physical injury in a safe place prior to his or her arrest, however, this offense is reduced to a Class 1 misdemeanor.
The penalties associated with a conviction under ARS § 13-1303 can include up to two years in a state prison in Arizona. This is the penalty if the crime is classified as a felony. As a misdemeanor, it is punishable by up to six months in jail.
What Are Defenses to ARS § 13-1303?
Your future may depend on the strength of your defense as someone who has been arrested for unlawful imprisonment in Arizona. The right attorney will take the time to carefully assess your unique situation and tailor a legal strategy according to your circumstances. This can improve your chances of achieving a successful case outcome.
Potential defenses to ARS § 13-1303 include:
- No unlawful restraint: defenses such as the victim consenting or voluntarily agreeing to be restrained, or proof that the victim was not actually restrained or physically confined, could undermine an unlawful imprisonment case.
- Legal authority: ARS § 13-1303 states that it is a defense against prosecution for unlawful imprisonment if “the restraint was accomplished by a peace officer or detention officer acting in good faith in the lawful performance of his duty.”
- Familial relationship: it is a defense to an unlawful imprisonment charge if the accused is a relative of the alleged victim and the accused’s only intent was to assume lawful custody of that individual, as long as the restraint was accomplished without physical injury.
If you are facing additional charges, such as kidnapping (ARS § 13-1304), your lawyer can tailor your defense to address these accusations, as well. A personalized defense strategy could potentially lead to reduced charges or penalties, an alternative sentence that allows you to avoid jail, a satisfactory plea bargain, or even case dismissal.
How an Attorney Can Help You With an Unlawful Imprisonment Charge in Arizona
If you have been arrested for unlawful imprisonment in Arizona, a criminal defense attorney in Phoenix can be crucial for navigating the legal process ahead. Your attorney will safeguard and defend your rights every step of the way to help you achieve positive case results. To discuss your case and potential defense strategies with a skilled criminal defense lawyer in Arizona, contact Snader Law Group. We offer free initial consultations.